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KRITERIA PROPOSAL PERDAMAIAN PKPU YANG CUKUP TERJAMIN DALAM KASUS KSP INDOSURYA CIPTA Liony Gracia Christiani Purba; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

A positive development in the PKPU process should be the ratification of the Peace Plan (Homologation). The implementation of payments in the instance of KSP Indosurya, however, did not follow the terms of the homologation agreement. The key issue with this piece is how the creditors of KSP Indosurya attempt to determine whether a peace plan falls under the category of suitably assured. The study method employed is normative legal research, with literature reviews based on secondary data and primary data from interviews supporting it. This study's methodology involves making inferences through deductive reasoning and performing descriptive analyses. The analyses' findings show that KSP Indosurya's peace proposal lacks adequate guarantees. The truth is that the peace proposal offered by KSP Indosurya is not sufficiently guaranteed and the implementation is not according to what was mutually agreed upon. Indosurya Cipta KSP creditors in assessing a peace proposal can submit an examination of the cooperative's financial statements by an independent expert in accordance with Article 238 of the Bankruptcy Law and PKPU.

PEMBERESAN UTANG PAJAK PT UNITED COAL INDONESIA KEPAILITAN PUTUSAN NOMOR 557 K/PDT.SUS-PAILIT/2018 Shodiq Aminullah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In practice, the management and settlement of bankrupt assets often encounter disputes. This happened in the bankruptcy case of PT United Coal Indonesia, which had a tax debt that acted as a preferred creditor whose position was under a separatist creditor and the curator had not paid the debt until it was fully paid. Therefore, the main problem in this research is what is the position of the tax debt submitted by the creditor (Director General of Taxes) in bankruptcy and how to settle the tax debt in Decision Number 557 K/PdtSusBankrupt/2018 against PT UCI. The research method used is a descriptive normative research method based on secondary data, which is analyzed qualitatively by deductively drawing conclusions. The results of the study illustrate that the state in this case the tax debt should have a higher position than separatist creditors and concurrent creditors, and should prioritize its payments over other creditors as stipulated in Article 21 paragraph (3a) juncto paragraph 3 juncto paragraph 1 of Law Number 16 Year 2009 concerning General Provisions and Tax Procedures, and the curator should pay the tax debt until it is paid off.

PENGATURAN DAN PRINSIP TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN PESAWAT UDARA: Rayhan Fadhillah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16278

As an airline, Sriwijaya Air is obligated to provide the security, safety, and comfort of travelers. The aircraft being used during flying operations must be in a flyable state. near this sense, on January 9, 2021, a Sriwijaya Air airliner crashed near the Thousand Islands, killing all 62 aboard the aircraft - passengers and crew combined. Problem statement: Based on Law No. 1 of 2009 Concerning Aviation, what are the fundamentals of carrier duty for passengers in private air transport law, and how is carrier responsibility for victims in the Sriwijaya Air plane accident in the Thousand Islands regulated? descriptive normative research design employing both primary and secondary data, analyzed qualitatively and deductive methods for drawing conclusions. The results of the research and discussion show that the regulations that can be applied are Article 141 paragraph (1) of Law no. 1 concerning Aviation explains that the carrier must be responsible for losses suffered by passengers on board and/or getting on and off the aircraft and the principle of carrier responsibility that is applied is the principle of presumption of liability. Conclusion The carrier must pay for losses suffered by passengers, namely Rp. 1,250,000,000

KRITERIA PROPOSAL PERDAMAIAN PKPU YANG CUKUP TERJAMIN DALAM KASUS KSP INDOSURYA CIPTA Liony Gracia Christiani Purba; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13420

A positive development in the PKPU process should be the ratification of the Peace Plan (Homologation). The implementation of payments in the instance of KSP Indosurya, however, did not follow the terms of the homologation agreement. The key issue with this piece is how the creditors of KSP Indosurya attempt to determine whether a peace plan falls under the category of suitably assured. The study method employed is normative legal research, with literature reviews based on secondary data and primary data from interviews supporting it. This study's methodology involves making inferences through deductive reasoning and performing descriptive analyses. The analyses' findings show that KSP Indosurya's peace proposal lacks adequate guarantees. The truth is that the peace proposal offered by KSP Indosurya is not sufficiently guaranteed and the implementation is not according to what was mutually agreed upon. Indosurya Cipta KSP creditors in assessing a peace proposal can submit an examination of the cooperative's financial statements by an independent expert in accordance with Article 238 of the Bankruptcy Law and PKPU.

PEMBERESAN UTANG PAJAK PT UNITED COAL INDONESIA KEPAILITAN PUTUSAN NOMOR 557 K/PDT.SUS-PAILIT/2018 Shodiq Aminullah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13619

In practice, the management and settlement of bankrupt assets often encounter disputes. This happened in the bankruptcy case of PT United Coal Indonesia, which had a tax debt that acted as a preferred creditor whose position was under a separatist creditor and the curator had not paid the debt until it was fully paid. Therefore, the main problem in this research is what is the position of the tax debt submitted by the creditor (Director General of Taxes) in bankruptcy and how to settle the tax debt in Decision Number 557 K/PdtSusBankrupt/2018 against PT UCI. The research method used is a descriptive normative research method based on secondary data, which is analyzed qualitatively by deductively drawing conclusions. The results of the study illustrate that the state in this case the tax debt should have a higher position than separatist creditors and concurrent creditors, and should prioritize its payments over other creditors as stipulated in Article 21 paragraph (3a) juncto paragraph 3 juncto paragraph 1 of Law Number 16 Year 2009 concerning General Provisions and Tax Procedures, and the curator should pay the tax debt until it is paid off.

PENGATURAN DAN PRINSIP TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN PESAWAT UDARA: Rayhan Fadhillah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16278

As an airline, Sriwijaya Air is obligated to provide the security, safety, and comfort of travelers. The aircraft being used during flying operations must be in a flyable state. near this sense, on January 9, 2021, a Sriwijaya Air airliner crashed near the Thousand Islands, killing all 62 aboard the aircraft - passengers and crew combined. Problem statement: Based on Law No. 1 of 2009 Concerning Aviation, what are the fundamentals of carrier duty for passengers in private air transport law, and how is carrier responsibility for victims in the Sriwijaya Air plane accident in the Thousand Islands regulated? descriptive normative research design employing both primary and secondary data, analyzed qualitatively and deductive methods for drawing conclusions. The results of the research and discussion show that the regulations that can be applied are Article 141 paragraph (1) of Law no. 1 concerning Aviation explains that the carrier must be responsible for losses suffered by passengers on board and/or getting on and off the aircraft and the principle of carrier responsibility that is applied is the principle of presumption of liability. Conclusion The carrier must pay for losses suffered by passengers, namely Rp. 1,250,000,000

TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN BERBASIS PEMBERDAYAAN MASYARAKAT KECAMATAN BULIK: Mahdaniah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18695

Companies operating in the natural resources sector such as PT. Gemareksa Mekarsari in Lamandau Regency, Central Kalimantan Province, is obliged to carry out corporate social and environmental responsibilities. Formulation of the problem of how to fulfill the company's social and environmental responsibilities based on community empowerment in Bulik District, Central Kalimantan at PT. Gemareksa Mekarsari and what are the obstacles in its implementation. The research method used is normative law, descriptive in nature with juridical research methods, secondary data and qualitative analysis. Research results and discussion of analysis of TJSL implementation based on community empowerment at PT. Gemareksa Mekarsari has not run as it should, because it has not achieved what was expected in terms of community empowerment. There are obstacles such as lack of funds, lack of community involvement, and poor communication between the community and the Company which are still challenges in this regard. TJSL Conclusion The company has environmental problems and conditions that have not yet become the company's attention, and is in the midst of a community that is not happy with its existence. This dissatisfaction creates a negative image for the company, so that TJSL community empowerment is not running effectively.

ANALISIS IMPLEMENTASI TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN DI KECAMATAN KEMBANG JANGGUT KALIMANTAN TIMUR: Analysis Of The Implementation Of Corporate Social And Environmental Responsibility In Kembang Janggut District East Kalimantan Richo Andriyanto; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19119

PT. REA Kaltim Plantations is a large-scale oil palm plantation company in Kembang Janggut District, East Kalimantan. This research aims to analyze the implementation of social and environmental responsibility (TJSL) by companies, with a focus on environmental aspects. The problem formulation in this research is how to implement social and environmental responsibility (TJSL) at PT. REA Kaltim Plantations which is environmentally based and what obstacles the company faces in TJSL at PT. REA Kaltim Plantations in its implementation. This research uses empirical research methods using a qualitative approach. The results of research and discussions show that the company has implemented programs related to TJSL, but the achievements are considered not optimal. Some notes of improvement include, among others, the effectiveness of the program in empowering communities, reporting transparency, and active participation in building local sustainability. Companies also face challenges such as the complexity of community needs and environmental dynamics. The conclusion of this research is that companies need to improve TJSL implementation in order to make a greater contribution to sustainable development and welfare of local communities. Recommendations are given to improve the quality and sustainability of the TJSL program by the company.

TANGGUNG JAWAB DIREKSI ANTAM TERHADAP PERJANJIAN DIAM-DIAM DALAM TRANSAKSI EMAS ANTAM: Liability Of Antam Directors For Silent Agreements In Antam Gold Transactions Muhammad Farrell; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19806

The responsibilities of the Board of Directors in a Limited Liability Company are regulated under Article 92 of Law No. 40 of 2007, establishing a fiduciary relationship for the Directors. The secret gold sale agreement at BELM Surabaya Branch 01 by non-employees led to the Directors of PT. Antam Persero Tbk being held accountable. This article addresses: What are PT. Antam's Directors' responsibilities regarding the secret gold sale agreement? and How does Decision No.1666/K/Pdt/2022 align with holding PT. Antam accountable? This study uses a normative descriptive legal method with secondary data analyzed qualitatively for deductive conclusions. The analysis shows that the Directors cannot be held accountable because they fulfilled their fiduciary duty by implementing the SOP on commodity pricing. The judge's decision was based on Article 1367 of the Civil Code, not Article 97 (5) of the Company Law, as the loss was not due to employee negligence. In conclusion, PT. Antam's directors are not responsible for the secret gold sale agreement since they complied with SOP 700 01. Additionally, the judge's decision can be criticized because the secret agreement by Eksi Anggraen and Budi Said does not meet subjective requirements, making it invalid for PT. Antam and revocable.

- Perbandingan Pengaturan dan Implementasi Doktrin Fiduciary Duty di Indonesia dan Singapura: - Alya Nabita Az-zahra; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19935

The doctrine of fiduciary duty is a modern doctrine of Limited Liability Companies regulated in Law Number 40 of 2007 concerning Limited Liability Companies, hereinafter referred to as UUPT. Meanwhile in Singapore, Fiduciary Duty is regulated in the Singapore Companies Act, hereinafter referred to as SCA. The main problem of this research is how the fiduciary duty doctrine is regulated in Indonesia and Singapore and how the fiduciary duty doctrine is implemented in Indonesia and Singapore. The type of research used is normative research, descriptive research, secondary data, qualitative analysis, deductive conclusion drawing. Based on the analysis, there are similarities and differences in UUPT and SCA. It is hoped that in future, the fiduciary duty doctrine should be regulated clearly and in detail in the UUPT and SCA.

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