Article Per Year (5 Year)
p-Index From 2019 - 2024
0.408
P-Index
This Author published in this journals
All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Steppanus Meky Cresiawan
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Analysis of the Prosecutor's Authority Regarding the Dissolution of a Limited Liability Company: A Problem Regarding Persona Standi in Judicio Akhmad Zaini; Arvrin Desylvia Octavrianas; Salsabila Annisa Nursaputri; Nur Afni; Steppanus Meky Cresiawan
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5498

Abstract

In the existing laws and regulations, it is understood that the Prosecutor has the authority to dissolve a Limited Liability Company, but the reasons for the dissolution have not been comprehensively regulated. This will of course have the potential to affect the legal standing of the Prosecutor in submitting the application. Based on this, the formulation of the problem in this article is First, the authority to dissolve a limited liability company by the prosecutor and Second, the judge's legal considerations (ratio decedendi) regarding the authority to dissolve a limited liability company by the prosecutor. This research is a legal research using statutory approach, conceptual approach, and the case approach. Based on the results of the research in this article, it was found that First, the Prosecutor has the authority to dissolve a Limited Liability Company which has been clearly regulated, both in the PT Law, the Prosecutor's Law, and other laws and regulations, but it is related to the reasons for the dissolution of a Limited Liability Company. By the Prosecutor's Office has not been regulated in detail, especially for reasons of public interest. Second, from the 2 (two) existing decisions, namely the Supreme Court Decision Number 3099 K/Pdt/2017 and the Supreme Court Decision Number 2640 K/Pdt/2019 it can be understood that there are things that must be considered regarding the prosecutor's authority in submitting a request for dissolution limited company.
PKPU Moratory As a Form of Proof of Failure to Pay Ratibulava Ratibulava; Steppanus Meky Cresiawan; Muhammad Firmansyah Nasution
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6090

Abstract

The most appropriate Debt Moratorium at this time is the Bankruptcy mechanism and PKPU, by looking at the good faith of the Debtor, then the creditor can estimate that the debtor is able to pay its obligations by postponing / moratorium on the debt as outlined in the peace plan. The idea of a bankruptcy moratorium and PKPU started from the increase in cases registered in commercial courts and other economic impacts, so it can actually be said that a moratorium is not the right solution. Reviewing the discussion of the moratorium can be done if there is uncertainty in the situation and if the moratorium is carried out it will bring goodness and order to all parties. The moratorium on bankruptcy cases and PKPU is not an effective solution, considering that the bankruptcy institution and PKPU were born from Law Number 37/2004. This means that the idea of a moratorium must go through a legislative process so that it can be in sync with Law No. 37/2004. This mechanism is not easy and will take a long time so that the idea of a moratorium is technically a law and regulation. Likewise, technically judicial, the moratorium idea is related to the limitation of the competence of the commercial court so that it is necessary to synchronize the legislative and judicial functions, if implemented it will cause many problems so that it will be more effective and efficient to revise Law No. Compared to a moratorium on bankruptcy and PKPU cases, revising the two regulations will be more effective in resolving the negative impacts that arise in connection with bankruptcy and PKPU cases in commercial courts.
Co-Authors Arvrin Desylvia Octavrianas Laksono Trisnantoro Muhammad Firmansyah Nasution Nur Afni Ratibulava Ratibulava Salsabila Annisa Nursaputri