M HADI SHUBHAN - Academia.edu (original) (raw)

Papers by M HADI SHUBHAN

The Governance and Management of Universities in Asia, 2019

Journal of Law, Policy and Globalization, 2020

The present research is conducted in order to elaborate philosophical landscape in regard to the ... more The present research is conducted in order to elaborate philosophical landscape in regard to the implementation of solvency principal due to the enforcement of Bankruptcy Act in Indonesia. Furthermore, the present study also tries to examine legal protection toward solvent debtor that holds good principal. The results showed that the philosophical foundation of insolvency testing is not applied within Indonesian law since legal debt system in Indonesia is quite easy. Simplicity of debt system in Indonesia since it will potentially be detrimental to many creditors because the proof can no longer be done simply. Legal protection for solvent debtors in good faith is obtained repressively by proving before the trial that the debtor is still in a solvent condition.

The Joint Venture bankruptcy which is a limited liability company has been regulated both in Law ... more The Joint Venture bankruptcy which is a limited liability company has been regulated both in Law Number 40 of 2007 on Limited Liability Companies and Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Obligation of Debt Payment. The form of a Joint Venture business entity has also been specified in several regulations. This is in contrast to the related Joint Operation rules which are a joint venture of two or more companies to run a project within a certain period of time and do not establish a new legal entity in accordance with Indonesian legislation. Lack of Joint Operation arrangements either in terms of definition, the form of the business entity or in the event of a bankruptcy petition against Joint Operation by a third party, it creates a legal void. Uncertainty in bankruptcy of Joint Operation is about the position of Joint Operation whether as the legal subject of bankruptcy and / PKPU, and result in responsibility for debt which is not paid by Joint Operati...

Legalitas Hendarman Supandji sebagai jaksa agung memasuki polemik baru setelah Mahkamah Konstitus... more Legalitas Hendarman Supandji sebagai jaksa agung memasuki polemik baru setelah Mahkamah Konstitusi (MK) mengeluarkan putusarr soal masalah itu, Dikatakan membuka polemik baru karena putusan MK bersifat ambigu terhadap sah tidatrnya Hendarnan sebagai jaksa agung sehingga memunculkan penafsiran baru atas legalitas tersebut. Semestinya, putusan MK tegas, apakah jaksa agung itu sah atau tidak

Pailit merupakan suatu keadaan di mana debitor tidak mampu untuk melakukan pembayaran-pembayaran ... more Pailit merupakan suatu keadaan di mana debitor tidak mampu untuk melakukan pembayaran-pembayaran terhadap utang-utang dari para kreditornya. Keadaan tidak mampu membayar lazimnya disebabkan karena kesulitan kondisi keuangan (financial distress) dari usaha debitor yang telah mengalami kemunduran. Sedangkan kepailitan merupakan putusan pengadilan yang mengakibatkan sita umum atas seluruh kekayaan debitor pailit, baik yang telah ada maupun yang akan ada di kemudian hari. Pengurusan dan pemberesan kepailitan dilakukan oleh kurator di bawah pengawasan hakim Pengawas dengan tujuan utama menggunakan hasil penjualan harta kekayaan tersebut untuk membayar seluruh utang debitor pailit tersebut secara proPorsional (prorate parte) dan sesuai dengan struktur kreditor.

Humanities & Social Sciences Reviews

Purpose of Study: This research examines the possibility of state-owned enterprises being nailed ... more Purpose of Study: This research examines the possibility of state-owned enterprises being nailed in the legal system in Indonesia. According to the bankruptcy regulation in Indonesia, those who are unable to pay debts can be declared bankrupt by the creditors, including SOEs. However, other regulations state that the government’s assets (including those within SOEs) cannot be confiscated, including within bankruptcy confiscation. Methodology: The research method used in this study is qualitative research using the type of doctrinal law research. The approach used is to use the statutory approach, conceptual approach, and case approach. Data from this study were obtained from commercial courts in Jakarta and Surabaya. Main Findings: This study found that there was a desynchronization of the regulations regarding the SOEs’ bankruptcy, i.e., between the Bankruptcy Law and the other laws, and even points within the Bankruptcy Law itself. The example that can be taken in this study is PT...

International Law Research, Jun 14, 2018

JMM - Jurnal Masyarakat Merdeka

Kecamatan Sawahan adalah sebuah kecamatan di Kabupaten Nganjuk, yang teretak terletak di bagian ... more Kecamatan Sawahan adalah sebuah kecamatan di Kabupaten Nganjuk, yang teretak terletak di bagian paling selatan Kabupaten Nganjuk, yang berada di kaki Gunung Wilis dengan alam yang masih terga kelestariaanya dengan suhu udara di daerah ini cukup sejuk yang sangat cocok untuk budi daya lebah madu. Di Sawahan juga terdapat objek wisata alam berupa air terjun Sedudo sebagai objek wisata yang cukup terkenal di Jawa Timur.

Jurnal Hukum & Pembangunan

This study examined industrial relations in Indonesia regarding workers' tendency to use bankrupt... more This study examined industrial relations in Indonesia regarding workers' tendency to use bankruptcy legal instruments by filing bankruptcy against the related company over their unpaid rights (wages and severance). In the normal course of completion, workers will take legal action through industrial relations dispute settlement, which is characterized by pure civil law in defending their unpaid rights. However, legal remedies through industrial relations dispute settlements are often ineffective due to various causes and backgrounds. This study found that there was an alternative use of legal remedies by workers in fighting for their unpaid rights by filing bankruptcy against the related company, which was more effective than taking legal measures to resolve industrial relations disputes. The legal remedies in the form of bankruptcy used by workers to achieve their unpaid rights are possible in bankruptcy law and labor law in Indonesia.

Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional

Unwritten laws hold a strategic role in bankruptcy dispute settlement, both in the act of bankrup... more Unwritten laws hold a strategic role in bankruptcy dispute settlement, both in the act of bankruptcy and in the management and settlement of a bankruptcy estate after the debtor is declared bankrupt.This paper will discuss about the characteristics of Indonesia bankruptcy law and the legal basis and theoretical basis for the possibility of using unwritten law in bankruptcy cases. This research employed a doctrinal legal research method with a statute approach, a conceptual approach, and a case approach. In Article 8 paragraph (6) of Law No. 37 of 2004 made it possible for judges to use an unwritten law as the basis in deciding on act of bankruptcy. Similarly, in regard to the management and settlement of a bankruptcy estate, some norms provide some space for the supervisory judge's and curators to make a decision or take action based on the principles of unwritten justice. In a number of court decisions, the law has also not been written down in consideration of its law.

International Insolvency Review

Academic Journal of Interdisciplinary Studies

In bankruptcy legal system in Indonesia, the court can issue bankruptcy verdict without assess a ... more In bankruptcy legal system in Indonesia, the court can issue bankruptcy verdict without assess a company’s solvency condition, whether the company is solvent or insolvent. The provision of this law is very prone to be misused by creditors with bad faith. Insolvency test is able to protect debtors and to prevent the abuse of bankruptcy by malice creditors. This paper aims to analyze the legal protection of solvent companies from bankruptcy abuse in Indonesian legal system. By using normative and juridical approach, the results showed that the insolvency test can be included in the future amendment of Indonesian bankruptcy law. The implementation of insolvency test therefore is not administered outside the bankruptcy proceedings, but still in the respective bankruptcy proceedings. Insolvency test can be implemented by judges based on convincing evidences such as money report made by registered Public Accountant Office. A debtor, with bad faith, should not be eligible to get protection...

Jurnal Hukum dan Peradilan

This study aims to examine the theories, regulations, and practices at the commercial court in In... more This study aims to examine the theories, regulations, and practices at the commercial court in Indonesia regarding the possibility of charging director of limited liability companies (LLC, Perseroan Terbatas(PT)) with personal bankruptcy as a form of personal liability due to mismanagement causing the company to go bankrupt. This is an interesting issue to study because, in general, the rights and obligations of the company, and specifically LLC in this article, are separated from the rights and obligations of the directors. Therefore, the company’s liability cannot be requested upon its directors’ personal liability. Nonetheless, this general principle is revocable if the director makes an error which causes the company to go bankrupt. This study uses the normative (doctrinal) legal research method with statute approach, conceptual approach, and cases approach. The study results revealed that directors could be asked for personal liability if they create problems which lead to a co...