Tindak Pidana Menerapkan Sistem Skema Piramida Dalam Pendistribusian Barang Oleh Pelaku Usaha

Sihotang, Julius Sitangihonon; Pakpahan, Kartika; Siregar, Hilda Octavana; Sembiring, Yunepa Pebi Yanti; Sitorus, Kevin Dwiputra

doi:10.46930/ojsuda.v28i3.808

Cited by 2 publications

(2 citation statements)

References 1 publication

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“…Whereas violation of an element of obejktif means, in an agreement it will be null and void by itself and the agreement has no binding legal force. The litigation of a lawsuit in civil law is the same as a lawsuit in bankruptcy (Sihotang et al, 2020). So that insolvency comes from a civil law relationship between creditors and debtors, even though it has been specifically regulated in the Insolvency Law.…”

Section: Insolvency Determinationmentioning

confidence: 99%

The Position of Creditors of Individual Collateral Holders In Insolvency Law

Afilia Dinda Dhiya Ulhaq

2023

yurisdiksi

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This researcher aims to find out about the rights of creditors of individual collateral holders in the norms of Law No. 37 of 2004 on Insolvency and Delay of Debt Payment Obligations. The researcher's method uses norrmative law with a statutory problem approach and a conceptual approach. Broadly speaking, the position of individual guarantees in the norms of the Bankruptcy Law if the insurer and debtor are declared bankrupt simultaneously, then it is a concurrent creditor and all the assets of the insurer as bankruptcy property. In the process of managing and releasing bankruptcy property, that the position of concurrent creditors in the process of division of bankruptcy property is at the bottom, because in principle it can but if the creditors are many while the property is few, then potentially do not get the share or even if it can be very small percentage. So that the position of creditors of individual collateral holders who are concurrent creditors is very weak in the process and distribution of bankruptcy property. When the debtor is declared bankrupt while the insurer is not declared bankrupt, then all the assets of the insurer do not include bankruptcy property. So creditors have the right to make a default lawsuit in accordance with Article 1243 kuhper to the insurer, if the process and enactment of the debtor's bankruptcy property is insufficient creditor debt. The mechanism of fulfilling achievements to individual guarantee holder creditors, namely creditors can execute the collateral object directly without having to apply for bail and execution to the court, because after the bail object is registered with the guarantee institution, the certificate will be issued as a guarantee that has executory power.

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Section: Insolvency Determinationmentioning

confidence: 99%

The Position of Creditors of Individual Collateral Holders In Insolvency Law

Afilia Dinda Dhiya Ulhaq

2023

yurisdiksi

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“…Sihotang, J. S., et al (2020). Tindak Pidana Menerapkan Sistem Skema Piramida dalam Pendistribusian Barang oleh Pelaku Usaha.…”

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Government Supervision of TVI Express: Multi-Level Marketing Business

Amar¹

2022

AIJIH

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This study aims to determine the form of government supervision of TVI Express activities in Bone Regency. In addition, to analyze the role of the Government in responding to the business under the guise of MLM. This type of research is empirical legal research. The interview method was used to obtain research data, conducted by interviewing directly to informants related to the problems studied in this study. The data obtained in this study were then analyzed qualitatively. The results show that the Regional Government Bone Regency is still less responsive in handling public complaints against TVI Express. Furthermore, the Regional Government of Bone Regency did not take concrete steps to anticipate the increasing number of fraud victims from the activities of TVI Express in Bone Regency. Therefore, the Regional Government must take concrete steps and actions and be proactive in handling the existence of businesses under the guise of MLM and illegal companies. In addition, the Government and members of the House of Representatives establish a special Law on the Anti-Pyramid System or the Anti-Money Game System Law. With the existence of this particular law, it is hoped that it can be a means of preventing and eradicating business practices under the guise of MLM. So that in the future, there will be no more similar problems that arise in the community. In this case, the community was not deceived and suffered losses due to business activities under the guise of MLM and illegal companies in Bone Regency.

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Tindak Pidana Menerapkan Sistem Skema Piramida Dalam Pendistribusian Barang Oleh Pelaku Usaha

Cited by 2 publications

References 1 publication

The Position of Creditors of Individual Collateral Holders In Insolvency Law

The Position of Creditors of Individual Collateral Holders In Insolvency Law

Government Supervision of TVI Express: Multi-Level Marketing Business

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