Article Per Year (5 Year)
p-Index From 2019 - 2024
0.61
P-Index
This Author published in this journals
All Journal Abdimas Umtas : Jurnal Pengabdian kepada Masyarakat Legal Protection for the Partnership Agreement Parties JUSTITIABLE - Jurnal Hukum Universitas Bojonegoro
Hanin Alya' Labibah
Universitas Bojonegoro
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Legal Protection for the Partnership Agreement Parties

 1 
Restructuring of Debt Payment Obligation Suspension Agreements Homologated Due to Covid-19 Non-Natural Disasters Hanin Alya' Labibah
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.335 KB) | DOI: 10.30631/alrisalah.v22i1.1229

Abstract

The quick spread of the Covid-19 pandemic weakened the economy and led to the non-performance of debtors’ obligations because their business did not run smoothly during the period. Several business actors with homologated PKPU peace were hindered or prevented from achieving their aims including the force majeure qualifications associated with the Covid-19 pandemic. Therefore, this normative legal research conducted through statutory, conceptual, and case approaches was used to assess this situation. The findings showed that a debtor can request to restructure the homologation implementation based on the force majeure of the Covid-19 pandemic but the request needs to be based on the agreement between the debtor and creditor using Article 1338 paragraph (1) of the Civil Code as the premise. It was discovered from the PT Berlian Tenker case that the agreement was conducted without requiring further re-homologation in the court because the UUK-PKPU is not applicable in the matter due to the fact that the Covid-19 pandemic is a national disaster classified as a relative force majeure.
Co-Authors Achmad Ryan Nur Sahrudin Moch. Abhi Kurniawan