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Joni Emirzon
Faculty of Law Sriwijaya University, Palembang
Law, Crime, Criminology & Criminal Justice

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Problems of Justice in Legal Protection Efforts against Banks as Separatist Creditors related to Execution of Collateral Tied with Mortgage Rights on Bankrupt Debtor's Assets Ilham Soetansah; Joni Emirzon; Annalisa Yahanan
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.1028

Abstract

Introduction: The rights of banks as separatist creditors in the UU-KPKPU cannot be implemented. Banks also often get a share that is not under the amount of debtor debt, causing injustice.Purposes of the Research: This study aims to analyze and explain the forms of justice problems in legal protection efforts against banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of bankrupt debtors and their solutions.Methods of the Research: This research uses normative legal research. Research materials were used, namely secondary data and primary data as a support. This research material was collected by document study and interviews. The material that has been collected is then processed and analyzed using a qualitative approach, which is then drawn to conclusions using the deductive method.Results of the Research: There are two forms of the problem of justice in the legal protection of banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of the bankrupt debtor. First, the neglect of bank rights as separatist creditors by UU-KPKPU can be seen in the provisions of Article 56 paragraph (1) and 59 paragraph (1) which contradicts Article 55 paragraph (1). Second, banks as separatist creditors often get a share that is not under the amount of debt of the bankrupt debtor. The author suggests that the UU-KPKPU be changed based on distributive justice which requires proportional distribution.
Weak Protection of Geographical Indication Law For Users of Geographically Indicated Goods or Products Meirina Nurlani; Joni Emirzon; Muhammad Syaifuddin
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1256

Abstract

Introduction: Weak protection of geographical indication law owned by users of geographically indicated goods or products cause unfulfilled the rights they deserve. The factors causing it are divided into 2, namely: 1. Weak position owned by users of geographically indicated goods or products. and 2. Weak regulation of law that provide legal protection to users of geographically indicated goods or products.Purposes of the Research: This research aims to analyze and explain factors that cause weak protection of geographical indication law for users of geographically indicated goods or products and also to find out the submission mechanism and procedure of geographical indication infringement lawsuit.Methods of the Research: This study used normative legal research. Research material used primary and secondary legal materials. Data was from library research. Discussion had been collected then processed and analyzed using qualitative approach then at the end of the research, conclusions were drawn using deductive method.Results of the Research: Factors caused weak protection of geographical indication law for geographically indicated users of goods and will provide input for appropriate legal regulations to increase protection of geographical indication law in the future. Furthermore, this also has a positive impact to users of geographically indicated goods and products that they could take legal action against business actors for losses they got in accordance with mechanism and procedure for filling geographical indication infringement lawsuit based on provisions of the applicable law.
Co-Authors Annalisa Yahanan Ilham Soetansah Meirina Nurlani Muhammad Syaifuddin