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TANTANGAN PENEGAKAN HUKUM PERSAINGAN USAHA DI INDONESIA Margono, Suyud
Jurnal Hukum Bisnis Vol. 7 No. 6 (2019)
Publisher : jurnalhukumbisnis.com

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Tantangan Penegakan Hukum Persaingan Usaha di Indonesia

PENERAPAN ASAS PARI PASSU PRO RATA PARTE TERHADAP PEMBERESAN HARTA PAILIT PT DHIVA INTER SARANA DAN RICHARD SETIAWAN (STUDI KASUS PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR: 169 PK/PDT.SUS-PAILIT/2017) Monitacia Kamahayani; Suyud Margono
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8892

One of the main purpose of bankruptcy law is made to ensure division of bankruptcy property from debtor to the creditors that suitable with pari passu pro rata parte principle which means split the bankruptcy property to unsecured creditors based on the consideration how many invoice from those creditors. Inside the verdict of the Indonesia supreme court number: 169 PK/PDT.SUS-PAILIT/2017 we all can saw the division of bankruptcy property PT Dhiva Inter Sarana and Richard Setiawan that have been divided by curator that shown some inequity to one of the unsecured creditors specifically to PT Bank Maybank Indonesia, Tbk (before PT Bank Internasional Indonesia, Tbk), feels some inequity to the list of division bankruptcy property remembering that PT Bank Maybank Indonesia, Tbk (before PT Bank Internasional Indonesia, Tbk) provide funds to PT Dhiva Inter Sarana and Richard Setiawan to bought a land and built a house in Tangerang therefore they do legal effort in cassation and judicial review but in the end the supreme court judges refuse with the final provision. Just like a scale that used as a symbol of justice the judges in supreme court must think about the ease in this case the division of bankruptcy property so that the unsecured creditor can have the right to claim in accordance with the definition and application of pari passu pro rata parte principle.

ANALISIS PUTUSAN KEPAILITAN MAHKAMAH AGUNG NOMOR 769 K/PDT.SUS-PAILIT/2016 MENGENAI PEMBERESAN HARTA PAILIT (BOEDEL PAILIT) Selly Virginia; F. X. Suyud Margono
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5271

The progress of the economy in Indonesia is currently experiencing very rapid development, giving rise to very tight competition between business actors. In the business world the need for funds is a basic necessity that must be met by businesses to maintain and support the continuity of their business activities, so that to overcome the problem of capital needs, loan capital in the form of accounts payable is a solution that is often taken by businesses. Of course business people need funds or capital to strengthen their position in the economic sphere and intense competition in this era of globalization. Funds or capital needed by business people to run their businesses are obtained from debt facilities (loans or loans) obtained through individuals or financial institutions, which are used to increase their business capital both in the form of short-term, medium-term and long-term debt. This paper identifies one problem, namely whether someone / person is not declared bankrupt can be made bankrupt? (Case Study of Decision of the Supreme Court Number 769 K / Pdt.Sus-Pailit / 2016). The method used in this study is a type of analytical descriptive legal research and uses primary and secondary legal materials. The results of the study show that the property of a person or person referred to herein is the property of the Director (along with 2 partners) who at the beginning had made an agreement in order to make the asset in the name of The Hwie Gwan a guarantee by both parties.

PENERAPAN MEREK TERDAFTAR TIDAK DIGUNAKAN (NON-USE MARKS) ANALISIS KASUS ANTARA INTER IKEA SYSTEM BV DAN PT RATANIA KHATULISTIWA PUTUSAN MAHKAMAH AGUNG NO. 264 K/Pdt.Sus-HKI/2015 Selvy Handoyo; Suyud Margono
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The development of business competition in the world of trade, making protection of intellectual property rights very important. Especially in the field of brands. Brand is an important thing to use to differentiate between one another by having a certain characteristic. In this paper we will discuss the case of the "IKEA" brand elimination dispute between Inter Ikea System BV and PT Ratania Khatulistiwa, where the lawsuit was filed because of the Inter Ikea System BV that have the "IKEA" brand which has not been used for 3 consecutive years. The case will be analyzed by Law Number 15 of 2001 concerning the provisions regarding the elimination of the mark and regarding the good faith of the trademark registration of application. By examining the case we can find out the proper legal application and dispute resolution in accordance with the case so that it can provide justice for the parties. In accordance with the five precepts of Pancasila, namely "Justice for all Indonesian people".

PERLINDUNGAN HAK EKONOMI DAN HAK MORAL ATAS KARYA CIPTA DI BIDANG FOTOGRAFI TERKAIT DOKTER SEBAGAI MODEL IKLAN RUMAH SAKIT (STUDI PUTUSAN NOMOR 262K/PDT.SUS-HKI/2016) Rico Daniel; Suyud Margono
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8927

Siloam Hospitals Surabaya has violated the law regarding Article 12 of the UUHC. The problem faced in writing this thesis is how to protect economic rights and moral rights of copyrighted works in the field of photography related to doctors as a model of hospital advertising (Decision Study Number 262K / Pdt.Sus-HKI / 2016). The research method used in writing this thesis is normative legal research. The results showed that the protection of economic rights and moral rights of copyrighted works in the field of photography related to doctors as a model of hospital advertising, especially in Decision Number 262K/Pdt.Sus-HKI 2016, in which case the protection is automatic when the idea is realized in concrete / concrete form, the work has been protected and of course without requiring recording (both recorded and undocumented). So based on this it is clear that in order to obtain Copyright protection, a photographic work of art does not need to pass the registration stage first, because automatically after the work is manifested in a tangible form and exhibited to the general public, then the work has obtained Copyright recognition and is protected Copyright and if registration is carried out, then it is done solely for the purpose of proving if a dispute later arises in relation to Copyright for the photos and copyright protection for photographic works of art is given to protect the rights of an Author namely economic rights and moral rights.

KEABSAHAN KEWENANGAN KURATOR DALAM MEMBUAT PERJANJIAN PERDAMAIAN SETELAH GAGALNYA PKPU DAN DEBITOR DINYATAKAN PAILIT (Contoh Kasus: Putusan No.486 PK/Pdt/2018) Serlin Vanessa; F. X. Suyud Margono
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Debt is something that is common in the business world. This loan must be approved in accordance with the period agreed upon by the parties. Loans given by Creditors to Debtors are carried out with approval.If within a predetermined time limit, the Debtor has not been able to repay the loan, the Debtor may request approval for Delaying Obligations of Debt Payment or PKPU. However, in this study, PKPU failed to do PT. Dewata Royal International was immediately bankrupt. After the bankruptcy was read out by the Court, Curator was appointed, Swandy Halim. Swandy Halim in carrying out his duties as a Curator has made a Peace Agreement with Rustandi Jusuf as the Managing Director of PT. Dewata Royal International. In UUK, PKPU approved the Curator's task was to bankrupt and not make a Peace Agreement, especially with the Bankrupt Debtor, because it was the Debtor with his Kreditors who made the Peace Agreement.The research method used by the author is normative legal research that focuses on the use of secondary data using descriptive analytical specifications. Then, the analysis of the data used by the author is qualitative research.In this study, conclusions were obtained about the Curator being able to make a Peace Agreement with a bankrupt Debtor as long as the above mentioned Peace Agreement is from bankrupt assets so as not to cause a loss to the bankrupt property. then, the Peace Agreement made by Curator Swandy Halim was then approved legally.

PENERAPAN PEMBUKTIAN SEDERHANA DALAM KEPAILITAN MENURUT UNDANG-UNDANG NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI KASUS: PUTUSAN NOMOR: 04/PDT.SUS.PAILIT/2015/PN.NIAGA.JKT.PST)” Rafael Angelo Dias; Suyud Margono
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2928

In submitting a bankruptcy application, the applicant must submit evidence to prove the existence of a debt. The specialty of proof in the law of bitterness is the existence of simple proof, according to the juridical requirements as referred to in Article 8 paragraph (4) according to the juridical requirements as referred to in article 2 paragraph (1) of the bankruptcy law. This simple proof can also cause problems. One concrete form of the problem that arises in this simple verification in practice is the decision of the Commercial Court at the Central Jakarta District Court with the decision number: 04 / Pdt-Sus.Pailit / 2015 / PN.Niaga / JKT.PST between the Service Authority Commissioner Board and PT Asuransi Jiwa Bumi Asih Jaya. The problem is how to apply simple evidence in the case. This writing uses normative legal research methods which are based on primary data and secondary data which are analyzed descriptively with conceptual and legislative approaches. Based on the analysis according to Article 8 paragraph (4) in conjunction with Article 2 paragraph (1) UUKPKPU, it can be stated that the debt of PT Asuransi Jiwa Bumi Asih Jaya has been proven in a simple manner, but the Judges in the decision rejected the application on the grounds that the debt proof was not simple. 8 paragraph (4) UUKPKPU.

ANALISIS PUTUSAN PENGADILAN NIAGA TERKAIT AKIBAT HUKUM PERMOHONAN PKPU YANG DIAJUKAN OLEH PIHAK YANG TIDAK BERWENANG (STUDI KASUS PUTUSAN PENGADILAN NIAGA PADA PENGADILAN NEGERI JAKARTA PUSAT NOMOR 24/PDT.SUS-PKPU/2018/PN.NIAGA.JKT.PST) Regina Nitami Kasdi; Suyud Margono
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.7124

Indonesia is currently developing a rapidly growing economy so that various kinds of debt problems arise due to efforts to increase capital or develop a business. One effort that can be done to resolve this debt and credit problem is to submit a bankruptcy application or PKPU if simple requirements are met as specified in Law No. 37 of 2004. PKPU is an effort made by debtors and creditors with the intention to propose a peace plan which includes offering the payment of part or all of the debt to creditors regarding the settlement of debts between them. In Law No. 37 of 2004 is specifically regulated regarding the party authorized to submit PKPU applications, namely in Article 222 Paragraph (1) regulated that the Parties that can submit PKPU requests are Debtors or Creditors, so PKPU requests may not be submitted by outside parties as specified in the law. Therefore, the problem raised by the author is due to the legal submission of PKPU requests submitted by unauthorized parties in view of Law Number 37 of 2004 Concerning Bankruptcy and Delaying Obligations for Debt Payment. Even though the law has specifically regulated the parties who can submit PKPU requests, there are still PKPU requests submitted by unauthorized parties. The legal consequence of a PKPU petition filed by a party outside of what has been specified in the bankruptcy law and PKPU is that such a request must be rejected by a court judge examining the case.

AKIBAT HUKUM TERHADAP PEMBELI YANG MENGIKAT PERJANJIAN PENGIKATAN JUAL BELI DENGAN PENGEMBANG RUMAH SUSUN YANG DINYATAKAN PAILIT (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NO. 261 K/PDT.SUS-PAILIT/2016) Andreani Dewanto; Suyud Margono
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8924

Unfinished sale and purchase of the apartement unit before the apartement developer was declared bankrupt by the decision of the bankrupt statement causing the Purchase Binding Agreement (PPJB) agreed by the apartement unit buyer and the apartement developer could not proceed to the Sale and Purchase Act (AJB). This has resulted in the bankruptcy law regarding the ownership status of apartement unit to buyers who have paid in full. Thus creating problems, what about the legal consequences on buyers who bind PPJB with apartment developers who are declared bankrupt? This study uses a normative research method with a statutory approach. Based on the discussion that has been analyzed, it can be concluded that the transfer of ownership rights to apartement unit occurred at the time of the sale and purchase between the apartement developer and the apartement unit buyer as outlined in the AJB made before the authorized PPAT so that the apartement unit buying and selling object based on PPJB had not been transferred to the buyer . With the stated bankruptcy of the apartement developer, apartement unit which is used as the object of buying and selling in PPJB enters the bankrupt assets, so that the apartement unit still belongs to the apartement developer which is then put into bankrupt assets. The PPJB between the apartement developer and the buyer of apartement unit shall be deleted by the entry into force of Article 37 Paragraph (1) of Law Number 37 of 2002 concerning Bankruptcy and Suspension of Debt Payment Obligations. Therefore, if the buyer is disadvantaged because of the elimination of the PPJB, then the buyer can propose himself as a concurrent creditor to get compensation.

Juridical Review on Corporate Social Responsibility Implementation Between PT Angkasa Pura II (Persero) And Indonesian Flight Navigation Services (LPPNPI) Yesita Marito; Suyud Margono
Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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The purpose of this study aimed to know the implementation of the Corporate Social Responsibility (CSR) at PT. Angkasa Pura II (Persero), and Indonesian Flight Navigation Services (LPPNPI). Here, we also need to know the factors inhibiting the implementation of Corporate Social Responsibility in PT. Angkasa Pura II (Persero), and LPPNPI. In this study, we used qualitative method from correspondent from both industries. The results showed that the implementation of the Corporate Social Responsibility (CSR) in PT. Angkasa Pura II (Persero), LPPNPI had one of the Corporate Social Responsibilities in the form of partnership and environment building programs in its capacity as a service company under the protection of State-Owned Enterprises (BUMN). This program prioritized the sustainable soft loan system for small entrepreneurs. The responsibility includes the cost and burdens spent by the company to recompense to the community who indirectly built the company.

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