The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency

Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego; Jaelani, Abdul Kadir; Barkhuizen, Jaco

doi:10.15294/jils.v7i2.57539

Cited by 13 publications

(11 citation statements)

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“…Thel procel dural law usel d by thel Commel rcial Court in bankruptcy casel s is basically still guidel d by Law Numbel r 37 of 2004 concel rning Bankruptcy and Suspel nsion of Obligations for Paymel nt of Del bt. [22] Thel procel dural law at thel Commel rcial Court in bankruptcy casel s is somel what diffel rel nt from ordinary civil procel dural law. Somel spel cific mattel rs in bankruptcy casel s arel : [23] a) EL vel nts with lel ttel rs.…”

Section: B Procedural Law At the Commercial Court In Bankruptcy Casesmentioning

confidence: 99%

Actio Pauliana Legal Reconstruction of Creditors in Bankruptcy Disputes to Achieve Substantive Justice

Marpi,

Suwadi,

Purwadi

2024

Advances in Social Science, Education and Humanities Research

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Basically, bankruptcy and PKPU are a follow-up to the principle of parity creditoroum and the principle of pari passu prorle parte in the property law system. Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) was enacted with the intention of protecting the rights of creditors who have receivables from the bankrupt party, bearing in mind that in general the assets left by the bankrupt party are smaller than the amount the debt. So this condition has the potential to cause chaos if the number of creditors is more than one, because each of them will fight over each other to control the assets left behind as compensation for paying off their receivables, and in the end among the creditors there will be: "whoever is quickest/strongest gets it, and who is slow will bite the finger." The problem in research is how to reconstruct the legal actio paulina of creditors who have been harmed by debtors? Normative Legal Research (doctrinal legal research) using the library research method. The purpose of this actio pauliana is to avoid losses from creditors, by requesting the court to cancel the debtor's legal actions which are deemed to be detrimental to creditors. Provisions regarding actio pauliana are contained in Article 1341 of the Civil Code, which stipulates that every creditor can apply for the cancellation of all acts that are not required to be carried out by the debtor.

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Section: B Procedural Law At the Commercial Court In Bankruptcy Casesmentioning

confidence: 99%

Actio Pauliana Legal Reconstruction of Creditors in Bankruptcy Disputes to Achieve Substantive Justice

Marpi,

Suwadi,

Purwadi

2024

Advances in Social Science, Education and Humanities Research

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“…The 3 (three) approaches include the legal aspect approach which will become the legal umbrella for green economy implementation, the planning document approach which will become the glue and thread for environmental development in the Bangka Belitung Islands Province (as one of example), as well as the institutional approach in which policy synchronization between institutions in the Province becomes one of the success factors in policy implementation, including green economy development policies. [17][18]…”

Section: Green Economic Policy For Environmental Sustainabilitymentioning

confidence: 99%

Capturing the Opportunity of Green Economic Policy for Environmental Sustainability

Rodiyah,

Arifin,

Wulansarie

et al. 2023

IOP Conf. Ser.: Earth Environ. Sci.

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This research paper focuses on the concept of green economics policy as a means to achieve environmental sustainability. The paper begins by defining green economics policy as an approach that promotes sustainable economic growth while also protecting the environment. It argues that a shift towards a green economy is necessary to address the current environmentalchallenges facing the planet. The paper examines the key elements of a green economics policy,which include promoting renewable energy sources, investing in sustainable infrastructure, supporting sustainable agriculture practices, and incentivizing businesses to adopt environmentally friendly practices. The paper highlights the importance of policy coherence and coordination across different sectors and levels of government to ensure a successful transition to a green economy. The research also discusses the potential benefits of a green economics policy, such as the creation of green jobs, the reduction of greenhouse gas emissions, and improved public health outcomes. The paper emphasizes the importance of engaging stakeholders in the policymaking process, including civil society organizations, businesses, and affected communities, to ensure that the policy is equitable and socially just. The paperconcludes by highlighting the urgent need for governments to adopt green economics policies to address the environmental crisis. It emphasizes the importance of international cooperation tosupport countries in transitioning to a green economy and the need for innovative financing mechanisms to support sustainable development. The paper argues that a green economics policy offers a viable path towards achieving environmental sustainability while also promoting economic growth and social equity.

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“…The Constitutional Court as a form of judicial power in Indonesia has different authorities from other judicial bodies, one of which is constitutional review, namely examining a law against the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia). [12] The Constitutional Court was born with the aim of protecting the fundamental rights possessed by every citizen based on the constitution of the Republic of Indonesia from abuse of authority by state institutions, and ensuring the functioning of the democratic system in balancing the roles of the executive, legislature and judiciary. Ni'matul Huda stated 4 (four) reasons for establishing the Constitutional Court, namely: Referring to the provisions of Article 56 of Law no.…”

Section: The Legitimacy Of a Petition For Bankruptcy By Labor Not Ind...mentioning

confidence: 99%

Probability of Employee Rights Submitting a Commercial Court Bankruptcy Application Without a Decision of the Industrial Relations Court

Marpi

2023

Advances in Social Science, Education and Humanities Research

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The position of Bankruptcy Preferred Creditor Labor in the provisions in Article 95 paragraph (4) of the Manpower Law, that workers' wages get fulfillment first in the event a company is declared Bankrupt. Conflict of norms in filing a bankruptcy application at the Commercial Court without a PHI decision resulting in a conflict of legal norms in terms of determining the expiration date for filing a lawsuit at the Industrial Relations Court, as can be seen from the meaning of the provisions of Article 96 Law no. 13 of 2003 concerning Manpower as amended by Law no. 11 of 2020 concerning Job Creation, which is different from the Constitutional Court Decision No. 100/PUU-X/2012 with SEMA No. 4 of 2014 concerning Enforcement of the Formulation of the Results of the 2013 Supreme Court Chamber Plenary Meeting as a Court Guideline. This writing uses normative juridical law research methods with the statute approach, conceptual approach, and case approach. The results of this research are workers who can apply for bankruptcy if they have fulfilled the simple bankruptcy requirements, to prove the validity of the amount of workers' wages which will be used as the object of the bankruptcy application.

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The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency

Cited by 13 publications

References 0 publications

Actio Pauliana Legal Reconstruction of Creditors in Bankruptcy Disputes to Achieve Substantive Justice

Actio Pauliana Legal Reconstruction of Creditors in Bankruptcy Disputes to Achieve Substantive Justice

Capturing the Opportunity of Green Economic Policy for Environmental Sustainability

Probability of Employee Rights Submitting a Commercial Court Bankruptcy Application Without a Decision of the Industrial Relations Court

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