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All Journal Jurnal Hukum IUS QUIA IUSTUM Nurani Hukum : Jurnal Ilmu Hukum
Wiwin Budi Pratiwi
Fakultas Hukum Universitas Janabadra, Yogyakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Prinsip Pembuktian Sederhana dalam Permohonan Penundaan Kewajiban Pembayaran Utang Devi Andani; Wiwin Budi Pratiwi
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art9

Abstract

This study aims to determine firstly, the application of simple evidenciary in the application for Postponement of Debt Payment Obligations (PKPU) and secondly, the comparison of the concept of simple evidenciary in PKPU. The research method used is normative legal research, data is collected by means of literature studies and documents written descriptively and analyzed qualitatively. The results of this study show that first, simple evidenciary provision in Article 8 paragraph (4) in conjunction with Article 2 paragraph (1) of the Bankruptcy Law and PKPU, regulates that simple evidenciary applies to applications for bankruptcy statements. Whereas in the PKPU petition, in fact the Bankruptcy Law and PKPU do not require the application of simple evidenciary which states that the petition for a declaration of bankruptcy must be granted if there are facts or circumstances that are simply proven that the requirements for bankruptcy are declared. Second, although the Bankruptcy Law and PKPU do not regulate the principle of simple proof that can be applied in a PKPU application, judges can apply the simple evidenciary principle by taking into account the principles of simple, fast, and low-cost justice and the objectives of the Bankruptcy Law and PKPU can be achieved.
Individual Companies as New Legal Entities in Law Number 11 of 2020 on Job Creation Wiwin Budi Pratiwi
Nurani Hukum Vol. 4 No. 1 Juni 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i1.11266

Abstract

The government, through Law Number 11 of 2020 on Job Creation encourages the ease of doing business for Micro and Small Business actors with the formation of individual corporate legal entities. This policy of forming a private company is a new breakthrough from the government and can be used as a stimulus to restore economic conditions. The establishment of this individual company is further regulated in Government Regulation Number 8 of 2021 on Company Authorized Capital and Registration of Establishment, Amendment and Disbanding of Companies that Meet the Criteria for Micro and Small Businesses. The type of research used is normative juridical. The data analysis was conducted in a descriptive qualitative manner. The results show that this individual company is a new legal entity created by the rolling of the Job Creation Law. Business actors who will register an individual company must meet the criteria for micro and small businesses as stipulated in the provisions of laws and regulations regarding micro and small businesses regulated in the Law Number 20 of 2008 on Micro, Small and Medium Enterprises. Various facilities are provided to business actors, such as registering individual companies by filling out electronic forms and not requiring a notary deed. Business actors are facilitated by the existing regulations in the management of the company because as the sole owner, the existence of financial reporting obligations makes it easier to monitor the company's financial governance which is useful, especially for access to capital loans to banks.
Co-Authors Devi Andani