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<![CDATA[Kewenangan Otoritas Jasa Keuangan (OJK) Melakukan Penyidikan: Analisis Pasal 9 Huruf C Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan ]]>
<![CDATA[Serlika Aprita]]>
<![CDATA[ Jurnal Ilmiah Universitas Batanghari Jambi Vol 21, No 2 (2021): Juli ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/jiubj.v21i2.1431
<![CDATA[In Law No. 21 of 2011 concerning the Financial Services Authority authorizes the OJK to carry out investigations. Investigation is one of OJK's supervisory duties as referred to in Article 9 letter c of the OJK Law which reads: "To carry out the supervisory duties as referred to in Article 6, OJK has the authority to carry out supervision, examination, investigation, consumer protection, and other actions against Service Institutions. Finance, actors and / or supporting financial services activities as referred to in the laws and regulations in the financial services sector. " According to Article 49 paragraph (1) of Law No. 21 of 2011 concerning Financial Services Authority (OJK), OJK Investigators are: 1. Apart from Investigating Officers of the State Police of the Republic of Indonesia, certain Civil Servants whose scope of duties and responsibilities includes supervision financial services sector within the OJK, given special authority as investigators as referred to in the Criminal Procedure Code. The research method in this paper is to use normative legal research. The regulation regarding the role of the OJK as an investigator is regulated in article 9 letter (c) of Law No. 20 of 2011 concerning the Financial Services Authority which becomes the basis for OJK in conducting investigations of banking crimes, so that the OJK carries out the function of implementing an integrated regulatory and supervisory system of all activities in the financial services sector.]]>
<![CDATA[THE STATE'S RESPONSIBILITY IN THE WELFARE OF PEOPLE AND ECONOMIC RECOVERY IN THE FACE OF COVID-19 FROM THE PERSPECTIVE OF LAW AND HUMAN RIGHTS ]]>
<![CDATA[Serlika Aprita]]>;
<![CDATA[Lilies Anisah]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 2 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i2.8940
<![CDATA[The Covid-19 pandemic was taking place in almost all countries around the world. Along with the increasingly vigorous government strategy in tackling the spread of the corona virus that was still endemic until now, the government had started to enforce the Large-Scale Social Restrictions (PSBB) with the signing of Government Regulation (PP) No. 21 of 2020 about PSBB which was considered able to accelerate countermeasures while preventing the spread of corona that was increasingly widespread in Indonesia. The research method used was normative prescriptive. The government put forward the principle of the state as a problem solver. The government minimized the use of region errors as legitimacy to decentralization. The government should facilitated regional best practices in handling the pandemic. Thus, the pandemic can be handled more effectively. The consideration, the region had special needs which were not always accommodated in national policies. The government policy should be able to encourage the birth of regional innovations in handling the pandemic as a form of fulfilling human rights in the field of health. Innovation was useful in getting around the limitations and differences in the context of each region. In principle, decentralization required positive incentives, not penalties. Therefore, incentive-based central policies were more awaited in handling and minimizing the impact of the pandemic.]]>
<![CDATA[Sanksi Pidana Bagi Debitur akibat Perbuatan Melawan Hukum Berdasarkan Undang-undang No. 37 Tahun 2004 ]]>
<![CDATA[Serlika Aprita]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 3, No 1 (2022): March ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v3i1.12383
<![CDATA[Sejak putusan pernyataan pailit diucapkan dan selama proses kepailitan berlangsung, Debitor telah kehilangan haknya untuk menguasai dan mengurus kekayaannya termasuk diantaranya harta pailit. Namun, dalam praktik pelaksanaannya, masih ada kekurangsempurnaan yang satu diantaranya adalah debitor yang mengajukan pailit telah terlebih dahulu mengalihkan asset-asetnya secara melawan hukum. Pasal 41-49 Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang hanya mengatur perbuatan melawan hukum debitor yang dilakukan satu tahun sebelum putusan pailit diucapkan. Jika sampai waktu ditentukan debitor tidak membayar dan melakukan itikad buruk maka hakim pengawas atau kreditor dan pihak lain menyatakan bahwa penundaan pembayaran sesuai ketentuan yang diatur oleh hukum kepailitan berakhir. Hasil penelitian Penulis menunjukkan adanya urgensi untuk merevisi kembali Undang Undang Nomor 37 tahun 2004 dalam penambahan Pasal-Pasal yang berkaitan dengan Pasal-Pasal ketentuan mengenai sanksi pidana, yang akan dikenakan kepada debitor. Dari berbagai Pasal yang diatur dalam UU Nomor 37 tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang (PKPU) dan undang-undang kepailitan ini idealnya harus mengikuti perkembangan masyarakat agar tidak terjadi kerancuan dan ketidakpastian dalam rangka untuk menjamin keadilan.]]>
<![CDATA[Criminal Elements in Debt Restructuring During The Covid-19 Pandemic: Between Business Continuity and Legal Compliance ]]>
<![CDATA[Hasanal Mulkan]]>;
<![CDATA[Serlika Aprita]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The coronavirus (Covid-19) pandemic has hit the world economy, including Indonesia. In addition to direct handling of the epidemic problem, the government is also preparing to anticipate the impact of the economic slowdown caused by the pandemic. The government has issued regulations in relation to the forms of restructuring that can be carried out by banks and national financial institutions with their debtors that open up various alternative patterns of restructuring the settlement of obligations based on POJK No. 11 of 2020. This regulation has the potential to create an imbalance between creditors and debtors. The regulation provides the dominant flexibility for creditors to assess and offer forms of restructuring, so that there is the potential for an imbalance in the form of restructuring between creditors and debtors. The law enforcement scheme has its relevance to Law no. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK and PKPU). Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities.]]>
<![CDATA[The Role of Curator in Increasing The Asset Recovery Value Through The Bankruptcy Process ]]>
<![CDATA[Serlika Aprita]]>;
<![CDATA[Yonani]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Bankruptcy cases in the Commercial Court since 2004 have not shown a significant increase, this is caused by the low asset recovery value which is the responsible of the curator. This condition makes debt settlement through bankruptcy unattractive for the creditors. The research question in this study was does the ratio of the curator's legal liability for errors or negligence result losses for the debtor in the legal process of managing and settling the assets of the bankrupt debtor in supporting the increase of asset recovery in bankruptcy. This research was a prescriptive normative research. The results of the study indicates that the Curator must be responsible for errors and negligences if these are the main causes of the less optimal settlement of bankruptcy documents. From a creditor's perspective, the recovery value is an indicator of the success or failure of the bankruptcy process. If asset recovery is low, creditors only feel that they have won on paper, causing them not to be interested in going through the bankruptcy process to resolve their debt problems. It is expected that the curator in carrying out his duties in managing and settling the assets of the bankrupt debtor can increase the value of the bankruptcy assets as much as possible for the benefit of the debtor and creditors. However, up to now there is still no clarity about the limits of errors and omissions. An adequate legal structure is needed to support the smooth process of bankruptcy asset settlement and legal substance related to the arrangements for the settlement and management of bankrupt debtor assets by the curator that can support the increase of asset recovery in bankruptcy. Thus, it can be seen which legal substances are obstacles so that they can hinder settlement and management of bankrupt debtor asset by the curator.]]>
<![CDATA[Peranan Hukum Kepailitan Menghadang Potensi Kepailitan Dalam Industri Keuangan Syariah ]]>
<![CDATA[Serlika Aprita]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.606
<![CDATA[Dispute resolution in sharia economics can be pursued through litigation. If referring to Article 2 passage (1) of Law No. 37 of 2004 concerning Liquidation and Delay of Obligation Installment Commitments, it is expressed that a debt holder who has at least two lenders and doesn't pay off somewhere around one obligation that is expected and can be If the case alluded to is a sharia monetary chapter 11 case, the court alluded to in this Law is the Strict Court. The exploration technique utilized is standardizing lawful examination. However, along with the growth of ordinary companies and companies that act as financial institutions, both banks and non-banks, the government should respond by providing a special court to resolve commercial cases committed by Islamic companies. Thus, it is necessary that the Commercial Court within the Religious Courts be established in order to fulfill legal certainty, usefulness and elements of justice for corporate legal entities that run their business with sharia principles.]]>
<![CDATA[Disparitas Putusan Peradilan Agama terhadap Wasiat Wajibah Anak Angkat ]]>
<![CDATA[Sarah Qosim]]>;
<![CDATA[Serlika Aprita]]>;
<![CDATA[Mona Wulandari]]>
<![CDATA[ SALAM: Jurnal Sosial dan Budaya Syar-i Vol 9, No 5 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/sjsbs.v9i5.27491
<![CDATA[This study aims to find out the reasons for the judges of the Bandung Religious Court to the high judges of the Supreme Court who canceled the decision of the Religious High Court which stated that there was no will of all assets. Article 174 paragraph 1 KHI stipulates that the wife or widow who is left behind has got a share as a legal heir, if the heir does not leave a child, 1/8 if the heir leaves a child. Article 209 of the KHI states that the adopted child receives 1/3 of the mandatory wasiah from the inheritance and the exception in Article 195 paragraph (2) of the KHI will is allowed as much as 1/3 of the inheritance unless all heirs agree. The results of the study state that there is a legal disparity from the decision of the first court to the cassation. The decision of the Religious Court was annulled by the High Court of Religion, but was taken over by the high judge of the Supreme Court by determining the inheritance by first dividing it in half with his wife. Then the part that dies is an inheritance that must be distributed to the heirs.Keywords: Wasiah Obligatory; Heirs; Substitute Heirs Abstrak. Penelitian ini bertujuan untuk mengetahui alasan hakim Pengadilan Agama Bandung hingga hakim tinggi Mahkamah Agung yang membatalkan putusan Pengadilan Tinggi Agama yang menyatakan tidak ada Wasiat seluruh harta. Pasal 174 ayat 1 KHI menyebutkan bahwa istri atau janda yang ditinggalkan sudah mendapatkan bagian sebagai ahli waris yang sah, ¼ apabila pewaris tidak meninggalkan anak, 1/8 apabila pewaris meninggalkan anak. Pasal 209 KHI menyatakan bahwa anak angkat menerima bagian 1/3 wasiah wajibah dari harta warisan dan pengecualian dalam Pasal 195 ayat (2) KHI wasiat diperbolehkan sebanyak-banyaknya 1/3 dari harta warisan kecuali apabila semua ahli waris menyetujui. Hasil dari penelitian menyatakan bahwa terdapat disparitas hukum dari putusan Pengadilan tingkat pertama sampai kasasi. Putusan Pengadilan Agama dibatalkan oleh Pengadilan Tinggi Agama, namun diambil alih oleh hakim tinggi Mahkamah Agung dengan menetapkan harta peninggalan dengan terlebih dahulu dibagi dua dengan istrinya. Kemudian bagian yang meninggal merupakan harta peninggalan yang harus dibagikan kepada ahli warisnya.Kata Kunci: Wasiah Wajibah; Ahli Waris; Ahli Waris Pengganti]]>
<![CDATA[Wanprestasi Perjanjian Kerja Waktu Tertentu Akibat Pandemi Covid-19: Default of a Specific Time Work Agreement Due to the Covid-19 Pandemic ]]>
<![CDATA[Fatma Meria]]>;
<![CDATA[Serlika Aprita]]>;
<![CDATA[Heni Marlina]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v5i2.7512
<![CDATA[The purpose of this study will be to discuss the cancellation of a certain time work agreement due to covid-19 in terms of Law no. 13 of 2003 concerning Manpower and the legal consequences of canceling a certain time work agreement due to the covid-19 pandemic. The research method uses normative juridical research, where this type of research discusses doctrines or principles in legal science aimed at written regulations. The results showed that the cancellation of a certain time agreement as a result of the Covid-19 pandemic, including for reasons of termination of employment, seen from Law no. 13 of 2003 concerning Manpower Article 1 number (25) “Termination of employment is the termination of employment relations due to a certain matter which results in the termination of rights and obligations between workers or workers and employers. The reasons for termination of employment during the pandemic are of course various, but it cannot be denied that many entrepreneurs interpret the Covid-19 outbreak as a natural disaster as a force majeure reason for terminating workers to reduce losses due to the Covid-19 pandemic. 19. The legal consequences of canceling work agreements for a certain time during the Covid-19 pandemic, namely termination of employment by employers during the Covid-19 pandemic. The Covid-19 pandemic is used as an excuse for Force Majeure for employers to terminate employment. Force Majeure can legally be used as an excuse by business actors to lay off their workers, as has been explained in Article 164 Paragraph (1) of Law no. 13 of 2003 concerning Manpower.]]>
<![CDATA[Criminal Liability of the Curator for Illegal Acts in the Independence Principle ]]>
<![CDATA[Serlika Aprita]]>;
<![CDATA[Mona Wulandari]]>;
<![CDATA[Sarah Qosim]]>
<![CDATA[ Jurnal Cita Hukum Vol 10, No 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i2.27801
<![CDATA[An entity or individual bankruptcy statement can occur if the debtor fulfills the elements of bankruptcy where the application is submitted to the commercial court by an advocate. The appointment of a curator in one of the contents of a commercial court decision will determine a person or more curators who originate at the request of the bankruptcy applicant, either by the creditor applicant or the debtor applicant himself. This study aims to determine the form and mechanism of the curator's criminal liability to the law based on the principle of independence in managing and settling bankrupt assets. This study uses a prescriptive normative legal research method with a statutory approach. The results of the study state that the recommendation of a curator by the bankruptcy applicant will tend to have a conflict of interest if there is no independent curator in carrying out the obligations mandated to him in Article 15, paragraph (3) of the PKPU UUK. The applicable criminal threat remains based on the source of criminal law in force in Indonesia following the actions of the curator as an individual who is not immune to the law.]]>
<![CDATA[Wanprestasi dan Perbuatan Melawan Hukum Dalam Penyelesaian Sengketa Ekonomi Syariah ]]>
<![CDATA[Serlika Aprita]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 3 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i3.27513
<![CDATA[The Islamic economic system is growing quickly in Indonesia right now. Even traditional banks have opened many branches of Islamic banks, which is one of the things that shows the growth of Islamic banks in Indonesia. Islamic law says that financial institutions should act as middlemen between people who have too much money and people who don't have enough money for business and other activities. With the creation of Government Regulations that govern Islamic Banking, the number of disputes between parties is increasing because Islamic banks are becoming more popular. In this study, a qualitative research method called "literature approach" was used. The study's results show that breaking the law means doing or not doing something that violates the rights of others, goes against the legal obligations of the person who does or doesn't do it, or goes against morals or common sense when dealing with other people or things.]]>
