Article Per Year (5 Year)
p-Index From 2019 - 2024
0.751
P-Index
This Author published in this journals
All Journal JURNAL JUSTIQA
Herry Anto Simanjuntak
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
PRINSIP PRINSIP DALAM HUKUM KEPAILITAN DALAM PENYELESAIAN UTANG DEBITUR KEPADA KREDITUR Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
Publisher : Universitas Quality

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In the world of trading, debt and credit is a common and natural thing if a business actor wants to develop his business more advanced, namely by seeking loans from other company partners to get business capital with an agreement to be paid later, and if able to pay according to the specified time then the company is in a "Solbavel" state and vice versa if the company is unable to pay its debt in such a situation it is called "Insolbavel" meaning that it is unable to pay its debts and the condition continues to decline and to the nadir it stops paying until it is finally declared bankrupt by the Court. Bankruptcy is one of the commercial solutions to get out of the debt problem that crushes a debtor, where the debtor is no longer able to pay his debt owed to the creditor so that if the debtor is aware of the inability to pay the maturing obligation, the debtor is aware of the steps. To apply for a voluntary petition for self-bankruptcy is a possible step, or the Court's determination of bankruptcy against the debtor if it is later found that the debtor is no longer able to pay his debts that are due and can be collected as the description above (involuntary petition bankrupty). Bankruptcy is a condition in which the debtor is unable to make payments on the debt owed by the creditor. The inability to pay is usually caused by financial difficulties and the debtor's business is experiencing a decline. Meanwhile, bankruptcy is a court decision which results in general confiscation of all assets of bankrupt debtors, both existing and future ones. The management of bankruptcy settlement is carried out by the curator under the supervision of the supervisory judge with the main objective of using the proceeds from the sale of the assets to pay all debts of the bankrupt debtor proportionally and in accordance with the creditor structure. The bankruptcy process begins with an application for bankruptcy against a debtor who meets the requirements, in accordance with Article 2 paragraph 1 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (Bankruptcy Law) which states that "A debtor who has two or more creditors and does not pay in full at least one overdue debt which can be declared bankrupt by a court decision, either on its own request or at the request of one or more of its creditors ”. In settling debtors' debts against creditors, there are several principles that can be used by judges in deciding a case, including the Creditorium Parity Principle, the Pari Passu Prorata Parte Principle, the Strured Creditors Principle, the Debt Collection Principle, the Debt Polling Principle and the Universal Territorial Principle.
PENYELESAIAN UTANG DEBITUR TERHADAP KREDITUR MELALUI KEPAILITAN Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
Publisher : Universitas Quality

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In the current development of trade coupled with the rapid influence of globalization in the business world where most of the capital is a loan from various sources both from banking, investment, bond issuance and other methods that are allowed where in practice often creates many obstacles in the return of loan capital so that it needs a legal instruments that can settle these debts so as not to drag on so that the settlement can be resolved quickly, fairly, openly and effectively. The legal instrument is known through the Bankruptcy Institution. Bankruptcy Institutions are regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension and Obligations of Debt Payments, among others, the principle of Equality of Creditors ( Parity Creditorium ) regulated in Article 1 paragraph (1), article 2 paragraph (1) and article 21. The principle of debtor assets as joint collateral for creditors (pari passu prota parte) is regulated in Article 189 paragraphs (4) and (5) as well as in the explanation of article 176 letter (a). The principle of Debt Collection has the meaning as the concept of retaliation from a debtor against a bankrupt debtor by collecting his claim on the debtor's assets. This matter is regulated in Article 1 paragraph (1), article 8 paragraph (7), article 21, article 24 paragraph(2), article 65, article 69 paragraph (1), article 93 paragraph (1) and then Universal and territorial principles are regulated in Article 212, article 213 and article 214. Settlement of debtors' debts to creditors through the Court's decision is a series of processes to increase debtors on condition that the debtor has two or more creditors who do not pay off at least one debt that has fallen due and can be collected and can be proven simply in examination in the Court. And with the declared bankrupt debtor, so on can be resolved in two ways, namely by peace and bankruptcy property. Settlement by way of peace can occur if the debtor submits a peace plan and is approved by the creditor, whereas settlement by means of bankruptcy property can occur if the debtor does not propose a peace plan or propose a peace plan but is rejected by the creditor.
AKIBAT HUKUM TERHADAP KREDITUR LAIN APABILA SALAH SATU KREDITUR MENGAJUKAN PERNYATAAN PAILIT (DUE TO THE LAW ON THE OTHER CREDITORS IF ONE OF CREDITORS SUBMITTING STATEMENT PAILI T) Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 2, No 1 (2020): VOL 2 NO 1 TAHUN 2020
Publisher : Universitas Quality

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In everyday life today, both individuals (natural p erson ) nor a legal person (legal entity) sometimes do not have enough money to finance your exit so that a person or legal entity obtaining loans from people or legal entities to carry out activities where the parties obtain the loan called the debtor while the party providing the loan is called a creditor. In general, creditors provide loans to debtors is based on the trust (trust) that the debtor will return the loan on time, so the first factor that is considered by the creditor is willingness (willigness)) from the debtor to return the debt. From this description confidence (trust) is a major key creditor to deb it ur to provide pinjamannnya or so-called credit by making the agreement document, but with the passage of time in practice were encountered where the debtor can not repay the loan it to the creditor , the state is usually caused because of financial distress from the debtor's business that has suffered a setback, resulting in the debtor being declared bankrupt. In declaring a debtor to be declared bankrupt there must be a court decision which results in general confiscation of all assets of the existing and future bankrupt debtors. The management and settlement of bankruptcy are carried out by the curator under the supervision of a supervising judge with the main purpose of using the proceeds of the sale of assets to pay all debts of the bankrupt debtor proportionally (in accordance with the prorate parte) or in accordance with the creditor's structure.
JENIS JENIS PERBUATAN CURANG YANG MERUGIKAN HAK KONSUMEN DALAM UNDANG UNDANG PERLINDUNGAN KONSUMEN Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
Publisher : Universitas Quality

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In the business world, there are often fraudulent acts that can harm consumers due to the behavior of business actors who do not heed business rules and ethics that justify any unhealthy means. Because of this fraudulent act, Law Number 8 of 1999 concerning Consumer Protection or also known as UUPK was born to minimize fraudulent acts as much as possible which is regulated in detail in Chapter IV concerning Prohibited Acts for business actors starting from the provisions of Article 8 to Article 18. UUPK. However, even though there are regulations that prohibit prohibiting actions, it is not the intention of business actors that appear in the community that are reported either through print or electronic media. The issue of consumer protection is not an individual problem, but is actually a common problem and a national problem because in one respondent everyone is a consumer, therefore protecting consumers is protecting everyone. Consumer protection is not only about finding who is responsible and what the law is, but also about education for consumers and awareness of all parties about the safety and security of all parties in consuming their needs. With the issuance of the Consumer Protection Law (Law No.8 of 1999) there is nothing to kill the business of business actors, but instead encourages a healthy business climate and encourages the birth of companies that are tough in facing existing competition by providing quality goods / services. In the general explanation of the UUPK why its implementation will still take into account the rights and actors of small and medium enterprises. The responsibility of business actors for fraudulent acts that harm the rights of consumers is the absolute responsibility of business actors to provide compensation for damage, pollution, and consumer losses due to consuming goods or services produced or taken over. There are times when business actors are not willing to take responsibility, so consumers can sue through the Consumer Dispute Resolution Agency (BPSK) or to the District Court so that the business actor is given administrative or criminal or civil penalties.
Co-Authors