Eksistensi dan Efektivitas Pelaksanaan Tugas Balai Harta Peninggalan di Indonesia

Simatupang, Taufik H.

doi:10.30641/dejure.2018.v18.397-414

Cited by 5 publications

(3 citation statements)

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“…The task of this institution is to examine and decide on bankruptcy applications and postponement of debt payment obligations at the first instance court with a panel of judges. Bankruptcy cases will generally only occur in Jakarta or other big cities, considering that these cities are the seat of the BHP (Balai Harta Peninggalan) (Simatupang, 2018).…”

Section: Bankruptcy Law and Dispute Resolution In Bankruptcymentioning

confidence: 99%

Analysis of the Supreme Court Decision that Canceled the Decision of the Jakarta Commercial Court in the PKPU Case of PT Asuransi Jiwa Kresna

Asri,

Noerhadi,

Mardani

2024

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This study aims to analyze 1) the Judge’s legal considerations in granting the application for Postponement of Debt Payment Obligations (PKPU) against PT Asuransi Jiwa Kresna filed by Policyholders, 2) the suitability of Decision Number 647 K/Pdt.Sus-Bankruptcy/2021 dated June 8, 2021, with Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Normative juridical research with a statutory approach and case approach. Primary and secondary legal data are analyzed by concluding a general problem to the concrete problem at hand. The results showed that 1) The Panel of Judges granting PKPU applications in civil procedural law must be proven by the parties to civil litigation, not the law, but the event or legal relationship. In civil cases, the judge must conduct an assessment of the events submitted by the litigants, and then separate which events are important and which are not important. It is the important events that must be proven. The means of evidence include written letters, evidence by witnesses, and presumptive evidence. 2) The conformity of Decision Number 647 K/Pdt.Sus-Bankruptcy/2021 with Law Number 37 of 2004 concerning Bankruptcy and PKPU in this case, which is a bankruptcy case, follows the procedure for civil proceedings in general. However, evidence was provided simultaneously with the submission of the application to the clerk. The evidence was that the transactions carried out by the respondent were not following the homologation agreement, regardless of whether the debt owed by the respondent to the applicant was paid off.

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Section: Bankruptcy Law and Dispute Resolution In Bankruptcymentioning

confidence: 99%

Analysis of the Supreme Court Decision that Canceled the Decision of the Jakarta Commercial Court in the PKPU Case of PT Asuransi Jiwa Kresna

Asri,

Noerhadi,

Mardani

2024

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“…If the trustee does not notify the trusteeship to BHP, the trustee can be fired. 28 Research conducted by Taufik H Simatupang (2021) shows that the reason the PN did not notify the existence of trusteeship by submitting a copy of the determination to the BHP was that there was no SEMA or PERMA that regulated this matter. It differs from PA, not submitting a copy of the trusteeship determination to BHP because Muslim people submit most trusteeship applications.…”

Section: Trusteeship and Its Oversight: The Importance Of Reconceptua...mentioning

confidence: 99%

Trusteeship during the Covid-19 Pandemic: Urgency and Challenges in Indonesia

Prasetio¹

2022

Indonesian J. Advoc. Legal Serv.

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COVID-19 has had a broad impact in many sectors, including social welfare and legal certainty. During covid-19, in 2021 about 28,000 children being orphaned, and this continues to grow along with the outbreak of the Covid-19 virus in Indonesia. Constitutionally, state guarantees for children’s welfare are regulated in various laws and regulations, however, many children do not get care until they grow up, causing the child to be under trusteeship. In positive law, trusteeship has been regulated in the Civil Code, the Compilation of Islamic Law, Law 1 of 1974 and PP 29 of 2019. However, the extent to which these regulations can meet the need for trusteeship in Indonesia still needs to be studied. This paper includes the extent to which Orphan Chamber’s (Balai Harta Peninggalan or BHP) role in the trust can function correctly. This study used normative juridical research uses a statute approach through library studies. This study found and confirmed that every child is not only entitled to protection for himself. He is also entitled to protection for his property. However, some of these regulations still have various problems ranging from overlapping rules to problems in practice. Meanwhile, the existence of disharmony provisions causes the role of BHP as trustee of trustees and temporary trustees to be less than optimal. However, with the RUU BHP, the concept of trusteeship and the role of BHP institutionally and its duties and functions will be strengthened, although with various notes. Such is the case by optimizing his role as supervisory trustee in situations of natural or non-natural disasters such as the Covid-19 pandemic.

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“…Kepailitan adalah Penyitaan secara umum semua kekayaan debitur pailit yang diawasi dan diselesaikan oleh petugas percobaan dibawah pengawasan hakim pengawas. Pernyataan pailit harus didahului dengan pernyataan Pengadilan niaga, atas permintaan debitur atau atas permintaan satu atau lebih kreditur (Simatupang, 2018). Sedangkan pengertian menurut Black's Law Dictionary yang menyatakan bahwa pailit atau bankrupt yaitu:…”

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Analisis Yuridis Kepailitan Harta Yang Ditinggalkan

Lumbanraja¹,

Badriyah²,

Cahyaningtyas³

2021

Notarius

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Bankruptcy is a debt settlement process that results in a general confiscation of the assets of bankrupt debtors. One of the factors that makes bankruptcy possible is that the debtor has passed away before paying off his debt and the creditor is requesting bankruptcy statement so that in the case of settlement of the debt, it raises problems regarding the produce for filing a bankruptcy application for the assets left behind. The method used in this article is normative juridical with secondary data through literature studies using primary, secondary and tertiary legal materials. According to the results of this study, debtors who have died before paying their debts can be declared bankrupt. This is an accordance with the procedure for requesting a bankruptcy statement for inheritance as stipulated in articles 208-211 of law number 37 of 2004 Bankruptcy and Suspension of Liabilities and Debt Payment.

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Eksistensi dan Efektivitas Pelaksanaan Tugas Balai Harta Peninggalan di Indonesia

Cited by 5 publications

References 0 publications

Analysis of the Supreme Court Decision that Canceled the Decision of the Jakarta Commercial Court in the PKPU Case of PT Asuransi Jiwa Kresna

Analysis of the Supreme Court Decision that Canceled the Decision of the Jakarta Commercial Court in the PKPU Case of PT Asuransi Jiwa Kresna

Trusteeship during the Covid-19 Pandemic: Urgency and Challenges in Indonesia

Analisis Yuridis Kepailitan Harta Yang Ditinggalkan

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