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Journal articles on the topic 'Debt Repayment Obligation'
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1
Mulyanta Sembiring, Dedek, Ariman Sitompul, Rilawadi Sahputra, and Syariful Azmi. "Bankruptcy Verdict as a Legal Result of the Rejection of the Peace Plan Proposal by Creditors in the Process of Postponing Debt Repayment Obligations (PKPU)." International Asia Of Law and Money Laundering (IAML) 3, no. 4 (2025): 226–31. https://doi.org/10.59712/iaml.v3i4.111.
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The process of postponing the debt payment obligation (PKPU) lasts for 270 (two hundred and seventy) days starting from the reading of the PKPU decision. Within 270 days the debtor must prepare a peace plan in the form of a peace proposal that will be offered to the creditors to repay its debts. The peace plan or often referred to as the peace Proposal plan is not clearly regulated and detailed in Law Number 37 of 2007 on bankruptcy and delay and debt repayment obligations. The peace plan is one of the debtor's efforts to make payments on debts that have been registered by creditors, verified and recognized by the debtor which is then authorized by the supervisory judge through the establishment of a fixed Bill list. The peace plan will not necessarily be accepted by the creditors but there will be discussion and voting that will determine whether or not the peace plan offered by the debtor is accepted as a determinant of whether PKPU will end with a bankruptcy decision will be handed down or homologation decision. The method of research conducted in this writing is to use the normative method. This study was conducted by searching and understanding the literature or the bankruptcy law and debt repayment obligation postponement (PKPU) with literature research. This study will examine how the process of postponement of debt repayment obligations (PKPU) until the bankruptcy verdict is handed down to the debtor based on the study of the Commercial Court decision at the Semarang District Court Number : 9/Pdt.Sus-PKPU/2024 / PN.Commerce.Smg). Thus, it can be seen how the process of discussing the peace plan proposal in the process of postponing debt payment obligations (PKPU) will determine whether the bankruptcy decision will be imposed on the debtor or the Peace decision (homologation).
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Hidayatulah and Tajul Arifin. "Hutang Piutang Dalam Islam: Kajian Kritik Hadis Tentang Penundaan Pembayaran." al-Battar: Jurnal Pamungkas Hukum 2, no. 1 (2025): 19–33. https://doi.org/10.63142/al-battar.v2i1.146.
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Debt is one form of muamalah permitted in Islam. It serves as an economic activity conducted by individuals to fulfill their needs. Islam provides clear guidelines and laws regarding debt, including the obligation to repay debts on time. This study aims to discuss hadiths on debt, focusing on the legal ruling concerning delaying debt repayment by those capable of paying, with reference to Hadith Bukhari No. 2400. The study employs a descriptive-analytical approach by collecting data from hadith compilations, commentaries (syarh), classical and contemporary fiqh books, as well as scholarly journals. The analysis involves stages of takhrij, sanad criticism, matan criticism, and commentary (syarh) discussion. The findings reveal that the hadith is authentic (sahih) in terms of both sanad and matan, emphasizing the legal implication that delaying debt repayment without a valid reason constitutes an act of injustice. This research highlights the importance of timely debt repayment as a trust in Islam, contributing to the development of fiqh muamalah literature and supporting a fair and responsible Islamic legal system.
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Aprita, Serlika, Amanda Mutia Carissa, Andini Yulia Putri, and Sabrina Sabrina. "PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG." Solusi 21, no. 1 (2023): 1–16. http://dx.doi.org/10.36546/solusi.v21i1.715.
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 The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach between debtors and creditors when it comes to testing the law. Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations is the name of this regulation. By filing for bankruptcy or requesting a suspension of their debt payment responsibilities, debtors can reach an agreement with their creditors regarding the repayment of their debts. A delay in payment of debt is a time period allotted by law in line with a Commercial Judge's Decision, during which the creditor and debtor can discuss how to pay their debts by drafting a payment plan for all or any of those debts, including by restructuring the debt. Either the debtor or the creditor may ask for a suspension of the debt payment obligations.
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Powell, Kathleen. "Who Pays? Measuring Differences in the Process of Repayment of Legal Financial Obligations." Social Sciences 10, no. 11 (2021): 433. http://dx.doi.org/10.3390/socsci10110433.
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This study identifies the correlates of legal financial obligation (LFO) debt repayment among persons sentenced to probation and transferred to a specialized collections unit. Using bivariate tests and logistic regression, results indicate that starting balance amounts, monthly payment amounts, and enforcement actions (capias warrant) are the strongest influences on the likelihood of full debt repayment. These results indicate that some persons will struggle to repay their LFO balances if amounts assessed are in excess of their means, even in an institutional context adopting an individualized, flexible, and non-punitive approach to collections. Policy implications suggest a need for reform at the point of LFO assessment to avoid imposing obligations that are unreasonable to individuals’ ability to repay.
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Adam, Klaus, and Michael Grill. "Optimal Sovereign Default." American Economic Journal: Macroeconomics 9, no. 1 (2017): 128–64. http://dx.doi.org/10.1257/mac.20140093.
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When is it optimal for a fully committed government to default on its legal repayment obligations? Considering a small open economy with domestic production risk and noncontingent government debt, we show that it is ex ante optimal to occasionally deviate from the legal repayment obligation and to repay debt only partially. This holds true even if default generates significant deadweight costs ex post. A quantitative analysis reveals that default is optimal only in response to persistent disaster-like shocks to domestic output. Applying the framework to the situation in Greece, we find that optimal default policies suggest a considerably larger and more timely default than the one actually implemented in the year 2012. (JEL E23, E62, F41, H63)
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Pexa, Christopher. "Sovereign Flows and the Obligation of Repayment." American Literary History 35, no. 1 (2023): 246–58. http://dx.doi.org/10.1093/alh/ajac244.
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Abstract Stephen Graham Jones’s 2020 novel, The Only Good Indians, depicts the haunting and killing of four Blackfeet friends—Ricky, Lewis, Cassidy, and Gabriel—by the spirit of an elk cow called “Elk Head Woman,” who stalks the men after they have killed her and her unborn calf. Their punishment, and the unpayability of their debt to the ghost, entail asking what lies beyond a regime of rights when those rights have been judged to be always already ignorable by settler-colonial society. But Elk Head Woman’s haunting also positions violence against the land (via fracking) and its more-than-human inhabitants as a metonym for settler-colonial violence against Indigenous women and girls. This essay asks what justice may look like beyond a framework of individual rights that create a temporal enclosure, tying people and harm to moments in time and specific places, arguing that the mobility of intergenerational debt and its unpayable reparations across times and places constitute a sovereign flow—the enduring movement of an ethical–political object (here, the elk-Blackfeet law) created between sovereign peoples (human and more-than-human) that persists apart from the settler-colonial state across whose legal and geographic spaces and time the flow moves. [The Only Good Indians’] fictional dramatizing of settler-Indigenous-nonhuman relations shows a world apart from settler-colonial social justice and forms of democratic inclusion: a haunting that . . . [refuses] violence against Indigenous women and ongoing forms of capitalistic extraction on tribal lands.
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Herman, Barry. "A Role for Legitimacy in Sovereign Debt: A Review Essay on Odette Lienau, Rethinking Sovereign Debt, 2014." Accounting, Economics, and Law: A Convivium 6, no. 3 (2016): 219–41. http://dx.doi.org/10.1515/ael-2015-0017.
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Abstract The book under review seems especially relevant to the intergovernmental policy dialogues that have recently focused on how creditors and a borrowing government should vet sovereign borrowing, and how to hold the lender and borrower accountable for their decisions. The book seeks to specify under what circumstances, if any, there are limits to the legal obligation to repay a sovereign loan. While repayment is always required except in cases of sovereign insolvency when it is just not possible, there have been exceptions to absolute repayment obligation in practice and in legal theory. This review builds on the author’s analysis of determinants of illegitimacy (which would remove the obligation to repay) in order to examine why governments in fact repay their loans, why the loss of access to credit makes repudiation of odious loans rare, and how if enforcing the obligation to repay were restricted to “responsible” lending and borrowing under internationally agreed terms, it could advance socially and environmentally sustainable development, while maintaining normal financial market activity of sovereigns. Finally, complementing a loan-by-loan approach, this paper calls for an internationally concerted process for more effectively and fairly resolving sovereign insolvencies.
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Powell, Kathleen. "Who Pays? Measuring Differences in the Process of Repayment of Legal Financial Obligations." Federal Sentencing Reporter 34, no. 2-3 (2022): 186–87. http://dx.doi.org/10.1525/fsr.2022.34.2-3.186.
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This policy brief outlines findings and policy implications from a study of the correlates of legal financial obligation (LFO) debt repayment, an increasingly important area of study for two key reasons. First, the proliferation of LFO assessments can generate substantial debt burdens for justice-involved persons to be repaid during their reentry to the community. Second, local criminal justice agencies increasingly rely on fees as a source of operating revenue, raising questions about collections policy and practice. This study focused on a specific context of LFO debt and repayment among persons sentenced to probation and transferred to a specialized collections unit. Results from statistical analyses using bivariate tests and logistic regression indicated a salience of individual-level and institutional-level factors as correlates with the likelihood of full debt repayment. Specifically, some persons will struggle to repay their LFO balances if amounts assessed are in excess of their means, even in an institutional context adopting an individualized, flexible, and non-punitive approach to collections. Discussed policy implications suggest a need for reform at the point of LFO assessment to avoid imposing obligations that are unreasonable to individuals’ ability to repay.
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Ahn, Hyun-Soo, Derek D. Wang, and Owen Q. Wu. "Asset Selling Under Debt Obligations." Operations Research 69, no. 4 (2021): 1305–23. http://dx.doi.org/10.1287/opre.2019.1961.
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We extend the classical asset-selling problem to include debt repayment obligation, selling capacity constraint, and Markov price evolution. Specifically, we consider the problem of selling a divisible asset that is acquired through debt financing. The amount of asset that can be sold per period may be limited by physical constraints. The seller uses part of the sales revenue to repay the debt. If unable to pay off the debt, the seller must go bankrupt and liquidate the remaining asset. Our analysis reveals that in the presence of debt, the optimal asset-selling policy must take into account two opposing forces: an incentive to sell part of the asset early to secure debt payment and an incentive to delay selling the asset to capture revenue potential under limited liability. We analyze how these two forces, originating from debt financing, will distort the seller’s optimal policy.
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Subaidi, Subaidi, and Ahmad Muzakki. "Akad Qardl Hasan sebagai Solusi Ekonomi Kerakyatan." Istidlal: Jurnal Ekonomi dan Hukum Islam 3, no. 1 (2019): 42–56. http://dx.doi.org/10.35316/istidlal.v3i1.129.
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Qardl hasan is the treasure given by the debt provider (muqridh) to the debt recipient (muqtaridh) then to be returned to them (muqridh) according to the amount received when he has been able to pay without obligation to pay interest or other benefits, because in qardl actually there is no clause with coercion where one side does not abuse the other. Muqtaridh is only burdened with paying off debts as big as the loan within a certain period. However, muqtaridh is recommended to return the better of debts to muqridh. Because the essence of qardl hasan is to reward Allah for Islamic interests, and of course the repayment is not same as the repayment made by humans. In this case of Islamic banking represented by Bank Muamalat Indonesia has completely arranged matters relating to qardl hasan which are generally in accordance with the rules in fiqh. If qardl hasan is implemented properly and those distributions of funds can reach all levels of middle to lower class in society, so it will be the solution for the economic progress in society.
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Candra, Hardianto, and Benny Djaja. "ANALYSIS OF ARTICLE 6 OF LAW NUMBER 4 YEAR 1996 CONCERNING MORTGAGE RIGHTS AND ARTICLE 1400 OF THE INDONESIAN CIVIL CODE ON SUBROGATION." International Journal of Application on Social Science and Humanities 1, no. 1 (2023): 1096–105. http://dx.doi.org/10.24912/ijassh.v1i1.25718.
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The problem of guaranteeing mortgage rights on the debtor's property will not actually occur if the debtor fulfills the obligations as stated in the principal credit agreement. However, it often happens that debtors cannot fulfill their obligations as agreed. Article 20 paragraph 1 of the Law Number 4 Year 1996 on Mortgage Rights has stipulated the protection for creditors by giving the authority to execute the collateral provided by the debtor once a state of default is established. The research results show that in the event where the debtor is in default, subrogation can be carried out, namely the reimbursement of the creditors’ rights to repayment by a third party. Subrogation occurs either by agreement or by law, and is different from debt relief in that it involves a third party who pays the recurring debts to the creditors, not with the aim of releasing the debtor from his obligation to pay the debt but replacing the position of the former creditor. With regards to mortgages as collateral in debt and loan agreements, if the debtor does not change the object of collateral as agreed in the initial agreement, then the same provisions on mortgage will be applicable to the new creditor. This paper features a juridical normative legal research with statutory and conceptual approaches.
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Ramadhania, Liza Mashita. "A Dualistic Concept of Personal Guarantee Responsibility and Its Relevancy with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligation A Dualism Of Personal Guarantee Responsibility In Indonesia Bankruptcy Law." LEGAL BRIEF 12, no. 1 (2023): 22–35. http://dx.doi.org/10.35335/legal.v12i1.751.
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Indonesia's legal system recognizes the concept of personal guarantee, which is a promise or guarantee of an individual as a third party to fulfil the debtor's obligations. The concept of guarantee in Indonesia regulates the roles and responsibilities of personal guarantees if the debtor cannot pay his debts. However, the problem is a dualism in theory or approach to personal guarantee responsibility, especially in carrying out debt collection in the debt settlement process in Bankruptcy and Suspension of Debt Payment Obligations ("PKPU"). This dualism exists in the approach to justify actions for the creditor in determining who can be claimed to fulfil debt payment obligations - the debtor or personal guarantor. The main purpose of this journal is to analyze the existence of dualism problems in the concept of responsibility in personal guarantees and how to address the issues. In this journal, the author uses normative juridical research methods, which can be analyzed with conceptual and statutory approaches. This journal addresses an analysis that there are still inconsistencies in Indonesian legal practice in determining responsibility for the implementation of debt obligations, especially in deciding bankruptcy cases in Indonesia. Regarding whose debt responsibility is, there is still a dual approach, namely whether to use the "guarantor is always a guarantor" approach or the "guarantor is the debtor" approach. This journal concludes that there is a legal vacuum to resolve these circumstances. Regardless of the dualism of these circumstances, the author argues that it is necessary to unify the concept of responsibility for personal guarantees to provide legal certainty, especially concerning the implementation of debt collection in the bankruptcy process and at the time of PKPU.The dualism of personal guarantee theory has indicated that it is urgently needed to unify the concept of personal guarantee to provide legal certainty, especially concerning the implementation of debt collection in the process of settlement of debts in bankruptcy and at Suspension of Debt Repayment Obligation (Penundaan Kewajiban Pembayaran Utang/PKPU), where the creditor must determine who can be claimed to fulfill the debt payment obligations. In this paper, the author seeks who is responsible to pay the debt when there is a personal guarantor to guarantee the debtor, and also to examine the debt settlement process through PKPU or bankruptcy.
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Khoiri Harahap, Syaiful. "Renegosiasi Kontrak Sebagai Upaya Penyelesaian Pelaksanaan Kontrak Saat Pandemi Covid-19." Jurnal Hukum Ius Quia Iustum 29, no. 2 (2022): 239–60. http://dx.doi.org/10.20885/iustum.vol29.iss2.art1.
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The COVID-19 pandemic proves the difficulties for business actors to operate their businesses, hence many of them face constraints in fulfilling their obligation to the creditors, which subsequently causes these debtors to be declared in default. Creditors as parties entitled to the fulfillment of the obligation are expected to understand the difficulties faced by debtors due to the COVID-19 pandemic. The problems raised in this study are: first, is the covid-19 pandemic may constitute ground for default by the debtor in fulfilling his contractual obligations, second, how are the efforts to resolve the obstacles in fulfillment of obligation in the covid-19 pandemic. This research was conducted using normative juridical methods and analyzed qualitatively. This study concludes that first, the covid-19 pandemic includes force majeure which resulted in the debtor experiencing economic difficulties to fulfill their obligation, leading to the debtor’s default which consequently resulted in the debtor losing his business and property which was used as collateral for debt repayment; second, if the debtor has difficulty in fulfilling their obligations, the debtor can ask the creditor to carry out renegotiation of the ongoing agreement based on the principle of kinship as mandated by Pancasila and the 1945 Constitution.
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Resmini, Wayan, Abdul Sakban, and Ni Putu Ade Resmayani. "PENYULUHAN TENTANG PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PERJANJIAN SEWA MENYEWA." SELAPARANG Jurnal Pengabdian Masyarakat Berkemajuan 3, no. 2 (2020): 176. http://dx.doi.org/10.31764/jpmb.v3i2.2198.
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ABSTRAKPemberian pinjaman oleh Kreditur kepada Debitur didasarkan pada asumsi bahwa Kreditur percaya bahwa Debitur dapat mengembalikan utang tepat pada waktunya. Pelunasan utang oleh Debitur kepada Kreditur tidak selalu dapat berjalan dengan lancar ada kalanya Debitur tidak membayar utangnya kepada Kreditur walaupun telah jatuh tempo. Debitur yang tidak mampu melunasi utangnya, maka harta kekayaan Debitur dikemudian hari menjadi jaminan atas utangnya.Pasal 1131 dan Pasal 1132 KUH Perdata telah mengatur secara khusus mengenai hal utang piutang. Pengabdian pada masyarakat ini dilakukan di kecamatan Mataram Barat, kota Mataram Nusa Tenggara Barat. Karena lokasi ini berada di pusat kota Mataram, maka mobilitas perekonomian sangat tinggi, oleh karena transaksi yang berhubungan dengan masalah utang piutang sangat memungkinkan terjadi. Untuk itu masyarakat perlu diberikan penyuluhan yang berhubungan masalah tersebut. Adapun yang menjadi tujuan dalam kegiatan ini yaitu sebagai berikut: Untuk mengetahui pengaturan mengenai penundaan kewajiban pembayaran utang terhadap perjanjian sewa menyewa. Untuk mengetahui akibat hukum penundaan kewajiban pembayaran utang terhadap perjanjian sewa menyewa. Metode yang dipergunakan adalah penyuluhan dan tanya jawab. Pengaturan mengenai penundaan kewajiban pembayaran utang terhadap perjanjian sewa menyewa diatur dalam Pasal 222 ayat (3) UU No. 37 Tahun 2004, Kreditur yang memperkirakan bahwa debitur tidak dapat melanjutkan membayar utang-utangnya yang sudah jatuh tempo dan dapat ditagih, dapat memohon agar kepada debitur diberi penundaan kewajiban pembayaran utang, untuk memungkinkan debitur mengajukan rencana perdamaian yang meliputi tawaran pembayaran sebagian atau seluruh utang kepada Krediturnya.Akibat hukum penundaan kewajiban pembayaran utang terhadap perjanjian sewa menyewa yaitu debitur tidak dapat melakukan tindakan kepengurusan atau memindahkan hak atas sesuatu bagian dari hartanya, jika debitur melanggar, pengurus berhak melakukan segala sesuatu untuk memastikan bahwa harta debitur tidak dirugikan karena tindakan debitur tersebut. Debitur tidak dapat dipaksa membayar utang-utangnya dan semua tindakan eksekusi yang telah dimulai guna mendapatkan pelunasan utang, harus ditangguhkan dan Debitur berhak membayar utangnya kepada semua kreditur bersama-sama menurut imbangan piutang masing-masing. Kata Kunci: Penundaan kewajiban; hutang; sewa menyewa. ABSTRACTA loan is given based on the assumption that the Creditor believes the Debtor can return the debt on time. Debt repayment might not always run smoothly. There are times when the Debtor does not pay his debt even though it is the due date. Debtors who are unable to repay their debts have a risk that their assets will become collateral for their debts in the future. Article 1131 and Article 1132 of the Civil Code have individually regulated the matters of debt payable. The community service is carried out in the sub-district of West Mataram, the city of Mataram, West Nusa Tenggara. Transactions related to debt and debt problems are highly possible here because this location is the center of the city of Mataram, and the mobility of the economy here is immoderate. For this reason, the public needs counseling related to the problem. The objectives of this activity are as follows: To find out the arrangements regarding the postponement of debt payment obligations to the lease agreement and to find out the legal consequences of the postponement of debt payment obligations to the lease agreement. The method used is counseling and group interview. The regulation concerning the postponement of the obligation to pay the debt to the lease agreement is regulated in Article 222 paragraph (3) of Law no. 37 of 2004 states that the Creditor who estimates that the Debtor cannot continue to pay his/her debts which are due and cannot be billed may request a debt obligation delay to enable the Debtor to submit a composition plan which includes offering partial or full payment of the debt to Creditors. Due to the legal delay of debt payment obligations under the lease agreement, the Debtor cannot take management actions or transfer the rights to any part of his/her property. If the Debtor violates, the management has the right to do everything to ensure that the Debtor's assets are not harmed because of the Debtor's actions. Debtors cannot be forced to pay their debts, and all execution actions that have been initiated in order to obtain debt repayment must be deferred, and the Debtor has the right to pay his debts to all creditors together according to their respective accounts. Keywords: Deferred liability; debt; rent.
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Singh, Madan. "Bhushan Steel Limited : Leverage a Double Edge Sword." ANUSANDHAN – NDIM's Journal of Business and Management Research 2, no. 1 (2020): 41–48. http://dx.doi.org/10.56411/anusandhan.2020.v2i1.41-48.
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The Non Performing Assets (NPAs) of Banks is a matter of great concern. The gross bad debt of the Indian banking system was Rs. 7.11 trillion as on March 2016. The Bhushan Steel Ltd was in the first list of 12 Loan defaulters as on 31st March 2016 and had an outstanding loan of Rs. 44478 crore. SBI filed a claim against Bhushan Steel Limited under Insolvency and bankruptcy Code, 2016 to recover Rs. 4295 crore and $490 million foreign currency loan. So to know how the Bhushan Steel Ltd gone into bankruptcy proceedings the objective of the study is to analyzing the capital Structure, debt Structure and the financial position of the Bhushan Steel Ltd. Data for the study is taken from capital line data base from period 1992 to 2017 and from the article/research published in the websites. The objectives of the study have been achieved with the ratio analysis. The study finds that the three fourths of the Odisha plant of Rs. 19400 crore was funded through debt to increased steel production. The problem began to start during 2010-11 as its debt repayment outstanding become Rs. 1118 crore. The cash from operating activities was only Rs. 994 crore and the company could not be able to pay its debt obligations. This position become worst during 2013-14 as it repaid debt obligation of Rs. 3384 crores. Beside debt repayment the interest burden on the company reached up to Rs. 1663 crore with earning of Rs. 59 crore. The company could not come out from the debt trap. The profit and cash flow from operations was not enough to repay the loan with interest back to the loan providers. During this course of action the offering of bribe to the CMD of syndicate bank put the company in the back foot. In the case of Bhushan Steel Ltd there was absence of good governance that caused the company in to the insolvency process.
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Siregar, Dini Syakina. "Settlement Of Bad Loans Through Debt Payment Obligation Submitting Institutions (PKPU)." Journal of Law Science 3, no. 3 (2021): 93–101. http://dx.doi.org/10.35335/jls.v3i3.1672.
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In order to enter the era of globalization and face the growth of the national economy, the banking sector is one sector that must be developed and utilized optimally. Especially through the provision of facilities provided by the banking sector for the community. The problem formulated in writing this thesis is how to handle bad loans in the banking environment, then discussed again What is the legal relationship between the Suspension of Debt Payment Obligations (PKPU) and bad loans, then discussed about How to settle bad loans through the Debt Payment Obligation Suspension Agency. (PKPU).The research that will be conducted is normative legal research. Normative research based on primary and secondary legal materials, namely the intarization of regulations relating to the writing of the author's thesis. The data collection technique was carried out by means of library research (library research). From the data that has been collected, both primary data and secondary data, then processed and analyzed using qualitative descriptive analysis techniques. Bad credit (Non Performing Loan / NPL) is where the credit cannot run as agreed in the credit contract agreement. Bad credit or credit failure can occur for many reasons. To avoid the occurrence of bad credit, it is necessary to control. Every loan disbursement of course has complied with banking regulations and is in accordance with sound credit principles. If indeed in the future, the credit develops into bad credit, then PKPU will be an alternative for the debtor and creditor in repaying the credit. As long as PKPU lasts, debtors cannot be forced to pay their debts. All execution actions that have been assessed to obtain debt repayment, must be suspended.
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Kurniati, Kurniati. "PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG UNTUK MENGHINDARI KEPAILITAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda 27, no. 4 (2021): 264–75. http://dx.doi.org/10.46839/disiplin.v27i4.73.
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Abstrak
 Penundaan Kewajiban Pembayaran Utang di Indonesia diatur dalam Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU sebagaimana diatur dalam Bab III yang terdiri dari dua bagian, yakni : Bagian Kesatu tentang Kewajiban Pembayaran Utang dan Akibatnya (Pasal 222-Pasal 264) dan Bagian Kedua : tentang Perdamaian (Pasal 265-Pasal 294). Yang menjadi permasalahan dalam skripsi ini adalah. Bagaimanakah prosedur permohonan penundaan kewajiban pembayaran utang untuk menghindari kepailitan menurut Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang. Apa akibat hukum penundaan kewajiban pembayaran utang menurut Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang. Prosedur Penundaan Kewajiban Pembayaran Utang diajukan oleh debitur yang tidak dapat melanjutkan membayar utang-utangnya yang jatuh tempo dan dapat ditagih, Tetapi dalam ketentuan baru tentang kepailitan dan PKPU, yang dapat mengajukan permohonan PKPU tidak hanya debitur saja melainkan kreditur juga dapat mengajukan permohonan PKPU dengan maksud untuk mengajukan rencana perdamaian yang meliputi tawaran pembayaran sebagian atau seluruh utang kepada kreditur. Akibat Hukum Penundaan Kewajiban Pembayaran Utang terhadap debitur pada proses penundaan kewajiban pembayaran utang berlangsung debitur tanpa diberi kewenangan oleh pengurus, tidak dapat melakukan tindakan pengurusan atau memindahkan hak atas sesuatu bagian hartanya, terhadap utang-utang debitur selama proses penundaan kewajiban pembayaran utang sedang berlangsung, debitur tidak boleh dipaksa untuk membayar utang-utangnya, hal ini sebagaimana di atur dalam Pasal 242 jo Pasal 245 Undang-undang Nomor 37 tahun 2004 tentang Kepailitan dan PKPU, semua tindakan eksekusi yang telah dimulai guna mendapatkan pelunasan utang harus ditangguhkan, dan terhadap perjanjian timbal balik Berdasarkan ketentuan Pasal 249 Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU apabila pada saat putusan PKPU ditetapkan terhadap perjanjian timbal balik yang belum atau baru sebagian dipenuhi, maka pihak dengan siapa debitur mengadakan perjanjian dapat minta pada pengurus untuk memberikan kepastian mengenai kelanjutan pelaksanaan perjanjian yang bersangkutan dalam jangka waktu yang disepakati oleh pengurus dan pihak tersebut.
 
 Kata kunci : Kepailitan dan Penundaan Kewajiban Pembayaran Utang, Debitur, Kreditur
 
 Abstract
 The suspension of this debt payment obligation in Indonesia is regulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU as regulated in Chapter III which consists of two parts, namely: Part One concerning the obligation to pay debts and their consequences (Article 222-Article 264) and Second Part: on Peace (Article 265-Article 294).The problems in this script are. What is the procedure for requesting suspension of 
 
 debt payment obligations to avoid bankruptcy according to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. What are the legal consequences of postponing the obligation to pay debts according to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debts.The results obtained are the. Procedure for Postponing Debt Payment Obligations submitted by debtors who cannot continue to pay their debts that are due and collectible, but in the new provisions concerning bankruptcy and PKPU, those who can apply for PKPU are not only debtors but creditors can also submit a PKPU application with a view to submitting a reconciliation plan which includes an offer to pay part or all of the debt to creditors. Legal consequences of Suspension of Debt Payment Obligations to debtors in the process of delaying debt payment obligations take place the debtor without being authorized by the management, cannot take management actions or transfer rights to a part of his property, against debtors' debts during the process of delaying debt payment obligations in progress, the debtor should not be forced to pay their debts, this is as regulated in Article 242 in conjunction with Article 245 of Law Number 37 of 2004 concerning Bankruptcy and PKPU, all execution actions that have been initiated to obtain debt repayment must be suspended, and against reciprocal agreements Based on the provisions of Article 249 of Law Number 37 of 2004 concerning Bankruptcy and PKPU, if at the time the PKPU decision is made on a reciprocal agreement that has not been or has only been partially fulfilled, then the party with whom the debtor entered into an agreement may ask the management to provide certainty regarding the agreement. regarding the continuation of the implementation of the agreement in question within the period agreed upon by the management and the party.
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Makmur, Syafrudin. "Penerapan Undang-Undang Kepailitan dalam Menciptakan Iklim Berusaha Yang Sehat Bagi Seluruh Pelaku Usaha." Ajudikasi : Jurnal Ilmu Hukum 2, no. 1 (2018): 97. http://dx.doi.org/10.30656/ajudikasi.v2i1.599.
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Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Debt Payment Obligation (PKPU) is enacted in good faith to protect the rights of creditors who have receivables on the insolvent party, since in general the assets left by the insolvent party is less than the amount of the debt . So that the condition is very potential to cause chaos if the number of creditors more than one, because they each will fight each other to control the assets left behind as compensation for the settlement of receivables, and eventually among the creditors will apply: "who fast/strong he can, and who is slow / weak he bit the finger". With the stipulation of bankruptcy provisions in this law, congruent lenders will no longer fight each other because each will get the compensation of debt repayment proportionally according to the principle of "pari pasu pro rata parte".
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Kundeus, Oleksandr, Nataliia Zarudna, and Bogdana Truhonovetcka. "Historical and economic essence of liabilities for accounting and taxation purposes." Galic'kij ekonomičnij visnik 85, no. 6 (2023): 76–87. http://dx.doi.org/10.33108/galicianvisnyk_tntu2023.06.076.
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The article delves into the concept of «obligations» from a historical perspective. An exploration of the essence of obligations spans from the times of the Roman Empire and the Middle Ages to contemporary interpretations. In order to account for obligations, a list of relevant accounts was compiled, which has also evolved and is presented in the article. Simultaneously, the significance of the development of this concept for accounting and taxation purposes was revealed. The essence of obligations is unveiled from both legal and economic standpoints. Rooted in the origins of legal direction since Roman law, it is understood that an obligation establishes a specific legal connection between its participants, resulting in certain rights and duties. However, it's noted that most scholars who researched the concept concluded that it is grounded in economic relations, intermediating them, and is by no means a technique for organizing economic production activities. In essence, obligations represent legal relations through which one party (debtor) must act in favor of another party (creditor) in certain actions (transferring property, performing work, paying money, etc.), or conversely refrain from specific actions, while the creditor has the right to demand the debtor's fulfillment of their obligation. The framework of regulatory documents defining the recognition and accounting of obligations is identified. The interconnection of subjects, objects, and the content of the concept of «obligation» is substantiated, suggesting that obligations are demands placed on a company's assets by its creditors, essentially an unregulated indebtedness of the enterprise. Furthermore, it's established that obligations in a modern context are characterized by specific economic resources, specificity, maturity dates for this indebtedness, compensation for resource usage, and specific sanctions for breaching previously agreed contractual obligations concerning terms or amounts of debt repayment. The position of enterprise obligations in the structure of company liabilities complies with national accounting standards.
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ZHMURKO, Irina M. "Financial and Legal Prospects for the Use of Government Bond Loans in Modern Conditions." Journal of Advanced Research in Law and Economics 10, no. 3 (2019): 971. http://dx.doi.org/10.14505//jarle.v10.3(41).37.
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The purpose of the study is to identify positive aspects of expanding the use of government bond loans. The paper also focuses on theoretical concepts of the ratio of taxes and loans, analyzing the advantages and disadvantages of government bond loans to determine their impact on the decisions of the issuer and the investor. Consideration of foreign experience in the use of bond loans allows identifying common features and aspects to improve the legal regulation of this institution in Russia science and practice.
 The results of the research consist of summarizing the studied material and describing the prospects for the development and use of government loans as a tool of financial and legal policy. The experience of foreign countries proves that it is possible to determine the legal nature of a government bond loan through the prism of regulating a new institution – the issue obligation.
 Conclusion: it is advisable to adopt a normative legal act that would systematize the form of government debt, contain general rules for the use of certain types of borrowing and mechanisms for servicing and repayment of debt, and provide other guarantees, principles of compensation, ways to restructure debt obligations, as well as a mechanism for interaction of public authorities in this area with clear regulation of the powers of public authorities and sanctions for late performance or non-performance by the issuer of its obligations.
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Nadtochii, Igor' Olegovich, and Roman Petrovich Trukhan. "Emergence of the category of “accessority” and historical peculiarities of its reception in Russian civil law." Юридические исследования, no. 5 (May 2021): 1–15. http://dx.doi.org/10.25136/2409-7136.2021.5.35572.
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The subject of the article is the examination of evolution of the institution of accessory obligations and its gradual “infiltration” into Russian law. The author reviews the genesis of the category of “accessority” in Roman law, within the framework of which its initial formula “the validity of the accessory legal relationship is predetermined by the validity of the basic legal relationship" gained widespread. Description is given to the peculiarities of evolution of accessority in Russian law. In civil law of pre-revolutionary Russia, accessority was being neglected for a long time. In the Soviet period, the identification of the terms “security obligation” and “accessory obligation” established in civil science. Currently, in Russian law, the concept of “accessority” is identified with the security obligation. The conclusion is made on versatility of the category of “accessority”. In the course of the development of law, the concept of accessory obligations undergone significant changes – from perception of accessority as a certain obligation that ensures the repayment of debt and the transfer of “belonging” to the sold goods towards its identification with security obligations as a whole. With time, the opinion that accessority is attributed to different types of obligations with own features and specifics, has established in the legal doctrine. The relevance of the selected topic is defined by a range of problematic questions, which have not been previously covered in Russian civil science. Thus, the legislation of the Russian Federation does not contain a legal definition of the concept of accessory obligations. The civil law doctrine also does not have a unanimity of opinion on the matter. The authors assume that the established situation, namely in the context of the civil legislation that has been fundamentally reformed in 2012 – 2015, does not contribute to unified understanding of the essence of accessory obligations and optimization of their doctrinal interpretation.
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Świrgoń-Skok, Renata. "ACCESSIO (AKCESJA) W TERMINOLOGII RZYMSKIEGO PRAWA PRYWATNEGO." Zeszyty Prawnicze 8, no. 2 (2017): 37. http://dx.doi.org/10.21697/zp.2008.8.2.02.
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The ‘accessio’ (accession) in the Terminology of Roman Private LawSummaryThe term accessio (accession) in the terminology of Roman private law did not only denote union and confusion of things. It was a very general term used for defining various cases of property acquisition through union, growth of property, and it determined addition of a new obligation to an old one or addition of a supplementary contract, person or object to the obligation.In the Roman Law literature the term accessio is predominantly used for union of two things in accordance with the principle accessio cedit principali, i.e. the increase falls to the share of the principal.Moreover, the term accessio also denoted adding the duration of ownership of an object by the predecessor (accessio possessionis) or simply adding the duration (accessio temporis). In the sources for the Roman Law accessio temporis and possessionis are used interchangeably for determining specific actual states, which resolve issues connected with accession of ownership duration of the predecessor to the ownership duration of the last owner. Similarly in lexicons, accessio temporis is presented as a synonym of accessio possessionis. The aforementioned accession of ownership duration [of the predecessor by his successor under specific title was permissible with interdict aimed at protection against infringement of ownership of movable objects (interdictum utrubi), with prescription (usucapio) and charge of long time ownership (longi temporis praescriptio).Furthermore, accession also meant accessio personae that is addition of a person, i.e. additional creditor who, beside the principal creditor, could collect repayment of debt from debtor (adstipulator), or a person who additionally, beside the principal debtor, pledged to the creditor to repay the debt (adpromissor), or it is addition of a new obligation to an old one by means of contract of guaranty (fideiussio). With accessio personae, similarly to union of things in accordance with the principle of accessio cedit principali, there had to be two things, one of them determined as principal and the other - additional. Obviously, here occur two obligations, one treated as principal, and the other as additional or accessory.Moreover, accession also means accessio rei, that is addition of new article of service to obligation, that the debtor could render alternatively with the previous, which was possible with alternative obligation (obligatio alternativa) and alternative authorization (facultas alternativa).
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Fernando, Josua, and Susanti Adi Nugroho. "KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN." Jurnal Hukum Adigama 1, no. 1 (2018): 339. http://dx.doi.org/10.24912/adigama.v1i1.2148.
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AbstractThe Court Ruling claim that a debt discharge a bankruptcy inflict a debtor will loose his right to dominate the wealth which include the bankruptcy property. The whole riches of a debt who’s discharge bankruptcy, automatically will be placed to the general confiscation. The general confiscation of the debt property has intend to protect the interest of the creditor of all the deeds of the debt which can disserve the property of a bankruptcy and stop the execution of the debt property with all the creditors to get the debt repayment. The general confiscation itself is a form of confiscation which known in civil law regime especially bankruptcy in legal perspective as a private law. Confiscation in a criminal case aim to prove criminal act. Article 38 of a Criminal Code Procedure regulate that the investigator can undertake the property of confiscation that placed in the general confiscation. However, Article 46 of a Bankruptcy and Suspension Of Obligation For payment Of Debt regulate that all confiscation become vanished when the property has confiscated in the general confiscation. When this two confiscation situated in the property, The confiscation in criminal case will precede the general confiscation. That matter is because of the confiscation in a criminal case is part of public law that aimed to protect our public interest.
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ADEGBOYEGA, Raymond Rahaj. "Debt Service Payments and Economic Growth in Nigeria." Journal of Business 10, no. 2 (2021): 7–22. http://dx.doi.org/10.31578/job.v10i2.190.
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The problems of accumulating capital for the provision of basic infrastructures in the less developed countries (LDCs), Nigeria in particular, have been the challenges deterring their consistent growth. This is also compounded by the accumulation of debt service payment areas which constitute one of the serious obstacles to the inflow of external resources into the economy. From the foregoing, there is need to examine the impact of debt service payments on economic growth in Nigeria. The study made use of data collected from Central Bank of Nigeria (CBN) and World Bank Database from 1981 to 2019 using ARDL regression method of analysis. The results showed that debt service payment (TDS_GNI), exchange rate (EXR), external debt (EXTD_GNI) and foreign direct investment (FDI_GDP) have positive relationship with economic growth (GR) in Nigeria. All these variables except exchange rate have significant impact on economic growth within the period under consideration. The ECM coefficient of -0.205 indicates that any deviation from the long-term equilibrium between variables will be corrected by about 20.5% each year. Based on the findings the study suggests that debt service obligation should not be allowed to rise more than foreign exchange earnings and that the loan contracted should be invested in profitable venture, which will generate a reasonable amount of money for debt repayment. The study recommended amongst others the needs for the country to develop a framework and strategy for closing its resource gap in order to achieve the objective of halving poverty by 2030.
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Kutsyk, Valentyna, Leonid Ostapenko, and Denys Pudryk. "DEVELOPMENT OF PROCEDURES FOR ENSURING THE REPAYMENT OF TAX DEBT AS A GUARANTEE OF THE FORMATION OF AN INVESTMENT CLIMATE." Baltic Journal of Economic Studies 5, no. 2 (2019): 86. http://dx.doi.org/10.30525/2256-0742/2019-5-2-86-89.
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The right of a person to engage in economic activity on the principles of free competition, in accordance with legal requirements, is a guarantee of the prosperity of a socially oriented country. Since basic taxes and payments, which are used to set budgets of different levels, are collected from the results of such economic activity. In order to provide for the systematic performance of this constitutional obligation by taxpayers, control in the sphere of taxation, customs sphere, the corresponding state supervisory bodies function. The activity of these authorities in the majority of countries is stated as such that is aimed first of all at the provision of services to subjects of taxation and implementation of control measures on the basis of risk-oriented approach, and in the case of detection of violations – the application of tools directed to their termination and ensuring maximum prevention of the negative consequences of such violations. It is hardly possible to deny the importance of the formation of adequate tools for the control entities in this area. This being said, the quality of such tools is characterized, on the one hand, by indicators of the provision of expected budget revenues, which will allow implementing approved Government programs for social protection of the population, on the other – by the maximum focus on preserving the possibility of continuing economic activity by subjects of taxation. According to data of the World Bank that estimates the ease of doing business in 190 countries of the world in the framework of the annual survey, Ukraine holds 71st position by 10 indicators (including tax administration). In order to improve mechanisms of tax administration, especially supervisory bodies’ tools for ensuring the repayment of tax debt, it is unconditional to study and search for ways of perceiving and introducing the positive experience of these countries. Methodology. The achievement of the formulated purpose is ensured by the use of the cognitive potential of the system of philosophical, general scientific and special methods. Given the aspiration for developing security measures for the repayment of tax debt, which are generally accepted and effective in terms of a specific legal system, comparative-legal method has become the main one as it allowed determining development directions of these measures taking into account the experience of countries with rather stable indicators of the economy. Methods of grammatical review and interpretation of legal rules have contributed to identifying gaps and other shortcomings in legislation that regulates the repayment of taxpayers’ debts and developing proposals to improve them. Practical implications. The practice of supervisory bodies’ activity can be effective provided that tools are clearly defined in laws and regulations and are understandable (both in terms of content and procedure) to all participants in the legal relationship on ensuring the repayment of tax debt. Taking into account new laws of social and economic realities that are changing rapidly under the accelerating development of information technologies, not only Ukraine but also other countries need to improve the specified area of activity of the supervisory bodies.
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Aulianur, Prima Riza, and Gunardi Lie. "Efektivitas Perjanjian Buyback Guarantee bagi Para Pihak Sebagai Akibat Wanprestasi oleh Debitur." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 2 (2024): 1947–59. http://dx.doi.org/10.47467/as.v6i2.6812.
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This paper aims to analyze and understand the position of the Developer towards the Bank as the provider of mortgage facilities in the implementation of buyback guarantee. Additionally, it is hoped that this paper can provide additional understanding and information for academics, especially in the field of property, and understand how the buyback arrangement applied by the Developer with the Bank. The research method used in this discussion is empirical juridical research by looking at articles that regulate the right to repurchase sold goods based on Article 1519 of the Civil Code using the Conceptual Approach and Statute Approach. The types and sources of law used include primary and secondary data by analyzing based on regulations applicable in Indonesia. The data collection techniques used are observation and interviews. The analysis technique used is qualitative analysis. From the agreements made by the parties, referring to Article 1338 of the Civil Code, the Cooperation Agreement gives birth to rights and obligations for both the Developer and the Bank, both of which have balanced positions. Additional provisions agreed upon by the Developer and the Bank are the Buyback Guarantee Agreement, which is a condition where the Developer acts as a Guarantor for the repayment of the Debtor's debt in the event of the Debtor's default in the obligation to pay installments or debts. The effectiveness of the buyback agreement can be seen from the realization data of buyback found in Developer X towards Bank A.
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Ali, Nor Aini, Nor ʿAzzah Kamri, and Suhaili Sarif. "Relationship between Debtor and Creditor from the Hadith Perspective(Hubungan Penghutang dan Pemiutang Menurut Perspektif Hadith)." Al-Bayān – Journal of Qurʾān and Ḥadīth Studies 15, no. 1 (2017): 90–114. http://dx.doi.org/10.1163/22321969-12340047.
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Lending and borrowing are fundamental human activities. Islam generally permits such activities provided that they are based on genuine necessities and will not lead to unfavourable consequences. This article discusses the nature of lending and borrowing activities from the Islamic perspective and specifically in terms of the relationship between debtors and creditors. The main compilations of hadith (sunnan sittah) and related Sharah (commentaries) are referred to in a discussion and analysis of hadith pertaining to debt activities. The content analysis method, incorporating relevant hadiths and patterns of discussion, found that borrowers are obliged to repayment according to a predetermined contract. Additionally, lenders must remain considerate to the borrowers should the latter are unable to fulfil their obligation. In conclusion, a warm relationship between both parties should be established, as lending is a benevolent act which guarantees the lender a considerable reward in the afterlife.
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Rizki Zul Akhiriah Hasibuan. "Tinjauan Hukum Islam Pada Cerai Talak Terhadap Pernikahan dengan Mahar Tidak Tunai." Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2, no. 1 (2023): 175–88. https://doi.org/10.59581/doktrin.v2i1.1939.
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The purpose of this research is to find out: (1) the legal consequences of talak divorce on marriages with non-cash dowry, (2) to find out the legal status of the husband's unpaid dowry debt after talak divorce. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the results of the research and discussion in this study, it can be concluded that: For a husband who divorces his wife even though he has not had sexual relations with her, he only has the obligation to pay half of the dowry amount that has been determined before the marriage contract is carried out. However, a husband who has had sex with his wife and then divorces or des not divorce, still has the obligation to pay all the dowry that has been determined by the prospective husband. Meanwhile, for a husband who dies, according to the opinion of most Islamic law experts, it is still obligatory to pay the specified dowry even though during his lifetime he never had sexual intercourse with her (dukhul). Paying debts in Islam is obligatory and you cannot delay paying off all your debts. Likewise, the dowry law must be paid by the prospective husband to the prospective wife at the time of the marriage contract, but if the dowry is postponed then it is still permissible as long as the time for repayment is clear. Paying dowry debts according to the Compilation of Islamic Law is permissible to be owed and may also be deferred if the bride-to-be is happy and gives permission if the dowry is deferred. In this case, the dowry is still owed in the event of separation (divorce), a husband's obligation is to pay the dowry from the assets owned by a husband during the marriage and the dowry owed can be settled after the divorce occurs.
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Shipton, Parker. "Luo entrustment: foreign finance and the soil of the spirits in Kenya." Africa 65, no. 2 (1995): 165–96. http://dx.doi.org/10.2307/1161189.
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This article examines the cultural dimensions of financial credit and debt, placing these against a deeper and broader background of entrustments and obligations. A standard response of the largest international aid agencies to African rural poverty has been to set up programmes to lend money and other resources to rural people without understanding what the borrowers already owe to other creditors and claimants, or how strong these competing claims are. The history of credit programmes has been a history of dismal failures and of disappointments for borrowers and lender alike, particularly where land mortgages have been involved. Intensive field research reveals that Luo farmers in Kenya, like other East Africans, already have a broad assortment of borrowings and lendings of their own, some far more meaningful to them than loans from banks, co-operatives, or marketing boards will ever be. Some are only partly economic in nature; some involve sacred trusts or important political contacts. Land, labour, animals, money, and humans themselves are all objects of entrustment and obligation among kin, neighbours, or other familiars. Farmers channel resources from socially distant institutions into uses that are often locally more meaningful than those their lenders intend; and they may not be at liberty to convert them back into liquid forms for repayment. Requirements of land title collateral misfit a cultural context where attachments to land, and to ancestral graves on it, symbolise an individual's or family's social identity. More broadly, the credit strategy of development aid needs rethinking. Rather than continuing to enmesh rural Africans in debts and uncertainties, those who purport to help reduce poverty in rural Africa should shift their strategy from lending to encouraging saving and investment, or to promoting other kinds of locally rooted initiatives not financial in nature.
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Sidauruk, Suando, and M. Rizal Rustam. "Analisis Kebijakan Penundaan Pembayaran Kewajiban Hutang Masa Pandemi COVID-19." Jurnal Hukum Magnum Opus 5, no. 2 (2022): 248–54. http://dx.doi.org/10.30996/jhmo.v5i2.6471.
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Abstract 
 The purpose of this study is to examine how the policy of delaying payment of debt obligations during the COVID-19 pandemic. The research method used is juridical normative with the statutory approach. Delaying debt and bankruptcy obligations is a solution to the economic problem for business owners but this has a less good impact on debtors. The government issued a restructuring policy in order to assist debtors and creditors during the COVID-19 Pandemic. One of the policies issued is installment restructuring. Use monitors the application, POJK No. is issued. 11/POJK. 03/2020. OJK oversees the bank to provide information. Midway through 2020, participating banks had 96 conventional banks including sharia. There are 5.33 million debtors worth Rp.517.2 Trillion, as well as 4.55 Million with Small and Medium Micro Business debtors ( MSM ) worth Rp.250.65 Trillion. The non-bank financial industry also participated in as many as 183 financing industries with 2.4 Million with amounts valued at Rp.75.08 Trillion. If it is compared to the pattern of accounts receivable debt regulated by POJK No.11/POJK.03/2020, the more profitable for debtors, cause financial restructuring is intervened by the state by distributing interest assistance to debtors The conclusion of this study is the policy of delaying the debt repayment obligation set by the government to solve economic problems for business owners and less good impact on debtors.
 Keywords: debt; delay of payment; procrastination policy
 Abstrak 
 Tujuan penelitian ini untuk mengkaji bagaimana kebijakan penundaan pembayaran kewajiban hutang pada masa pandemi COVID-19. Metode penelitian yang gunakan ialah yuridis normative dengan tata cara pendekatan perundang-undangan. Penundaan kewajiban pembayaran hutang serta kepailitan menjadi pemecahan masalah perekonomian bagi para pemilik usaha tetapi hal ini berdampak kurang baik untuk debitur. Pemerintah mengeluarkan kebijakan restrukturisasi dalam rangka membantu debitur dan kreditur pada masa Pandemi COVID-19. Salah satu kebijakan yang dikeluarkan yaitu restrukturisasi angsuran. Guna memantau penerapan itu, maka dikeluarkan POJK No. 11/POJK. 03/ 2020. OJK mengawasi bank buat memberikan informasi. Pertengahan tahun 2020, perbankan yang ikut serta terdapat 96 bank konvensional termasuk syariah. Ada 5,33 juta debitur senilai Rp.517,2 Triliun, serta 4,55 Juta dengan debitur Usaha Mikro Kecil dan Menengah (UMKM) senilai Rp.250,65 Triliun. Industri finansial non bank pun mengikuti berpartisipasi yaitu sebanyak 183 industri pembiayaan dengan 2,4 Juta dengan jumlah senilai Rp.75,08 Triliun. Apabila dibanding dengan pola penindakan hutang piutang yang diatur oleh POJK No.11/POJK.03/2020, semakin profitabel untuk debitur, sebab restrukturisasi keuangan diintervensi oleh negara dengan membagikan bantuan bunga kepada debitur Kesimpulan penelitian ini yaitu kebijakan penundaan kewajiban penundaan pembayaran hutang yang ditetapkan oleh pemerintah menjadi pemecahan masalah perekonomian bagi para pemilik usaha dan berdampak kurang baik untuk debitur.
 Kata kunci: hutang; kebijakan penundaan; penundaan pembayaran
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Mantili, Rai. "ACTIO PAULIANA SEBAGAI UPAYA PERLINDUNGAN BAGI KREDITOR MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA DAN UNDANG-UNDANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU)." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 2 (2021): 21. http://dx.doi.org/10.36913/jhaper.v6i2.127.
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Actio Pauliana is the right given to a creditor to cancel the debtor’s agreement with a third party. The purpose of this actio pauliana is to avoid losses from its creditors, by requesting the court to cancel the debtor’s legal action which is deemed to be detrimental to his creditors. Actio Pauliana provisions apart from being regulated in the Civil Code, are also regulated in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Repayment Obligation (UUKPKPU). However, the two rules have several diff erences. In this paper, the author wants to explain about Actio Pauliana which is regulated in the Civil Code and Actio Pauliana which is regulated in UUKPKPU in order to provide protection for creditors. This writing gives the result that Actio Pauliana’s lawsuit which is regulated in the Civil Code is submitted to the District Court and cannot be justifi ed and can take a long time. Unlike the case with Actio Pauliana which is regulated in the UUPKPU, the fi ling of a lawsuit is made to the Commercial Court and can be proven simply so that it can provide more protection for creditors.
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ALHABSYI, YASER ARAFAT. "ANALISIS NORMATIF TIDAK DIKEMBALIKANNYA UANG SISA LELANG BARANG GADAI MENURUT HUKUM PERDATA." GANEC SWARA 19, no. 1 (2025): 201. https://doi.org/10.35327/gara.v19i1.1312.
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Pawning is an agreement made between a creditor and a debtor in which the debtor hands over a movable object to the creditor to guarantee the repayment of a pawn debt, when the debtor fails to carry out his performance. Meanwhile, what is meant by Auction is the sale of goods which is open to the public with written and/or verbal price offers which increase or decrease to reach the highest price, which is preceded by an Auction Announcement. This study employs the normative legal research method, which is defined as "research methods on legislation both from the perspective of the hierarchy of legislation (vertical) and the harmonious relationship of legislation (horizontal)".The remaining money from the auction is the remaining money from the sale of pawned goods that have been auctioned by the company because the customer is no longer able to pay the obligation after deducting administration fees. The remaining money from this auction is the customer's right and must be returned to the customer. If the creditor does not return the remaining money from the auction of the pawned goods, the debtor has the right to sue the creditor for losses.
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ALHABSYI, YASER ARAFAT. "ANALISIS NORMATIF TIDAK DIKEMBALIKANNYA UANG SISA LELANG BARANG GADAI MENURUT HUKUM PERDATA." Ganec Swara 19, no. 1 (2025): 201–5. https://doi.org/10.59896/gara.v19i1.204.
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Pawning is an agreement made between a creditor and a debtor in which the debtor hands over a movable object to the creditor to guarantee the repayment of a pawn debt, when the debtor fails to carry out his performance. Meanwhile, what is meant by Auction is the sale of goods which is open to the public with written and/or verbal price offers which increase or decrease to reach the highest price, which is preceded by an Auction Announcement. This study employs the normative legal research method, which is defined as "research methods on legislation both from the perspective of the hierarchy of legislation (vertical) and the harmonious relationship of legislation (horizontal)".The remaining money from the auction is the remaining money from the sale of pawned goods that have been auctioned by the company because the customer is no longer able to pay the obligation after deducting administration fees. The remaining money from this auction is the customer's right and must be returned to the customer. If the creditor does not return the remaining money from the auction of the pawned goods, the debtor has the right to sue the creditor for losses.
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M., Noor Salim, and Latuperissa Andreas. "DETERMINATION OF IMPAIRMENT LOSSES RESERVE AND ITS IMPACT ON INTEREST EARNED AT PT BANK MANDIRI (PERSERO) TBK FROM 2014-2018." International Journal of Engineering Technologies and Management Research 6, no. 11 (2019): 59–70. https://doi.org/10.5281/zenodo.3563068.
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The purpose of this study is: 1) To analyze how the different ways of determining impairment losses reserve will affect the interest earned 2) To make recommendation on the best way to determine the impairment losses reserve. This research method uses a quantitative approach based on time series data and cross sections. The population in this study is PT. Bank Mandiri (Persero) Tbk. In this study the sampling technique used probability sampling method. Determination of the sample using the simple random sampling method. Data analysis method in this study uses multiple regression analysis with the help of SPSS version 24.00. The results of the study show some conclusions as follows: 1) Delay in debt payment obligations (PKPU) is proven to have an influence on allowance for impairment losses (CKPN) with a positive relationship. 2) Credit quality (KK) is proven to have an influence on allowance for impairment losses (CKPN) in a negative direction. 3) Delayed debt payment obligations (PKPU) have been proven to influence interest earned with a negative relationship. 4) Credit quality (KK) is proven to have an influence on interest earned and 5) Allowance for impairment losses (CKPN) is proven to have an influence on interest earned with a negative relationship.
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Ni Luh Sri Puspitasari. "Nilai-Nilai Pendidikan Dalam Tradisi Metatah Memasuki Masa Remaja Dalam Masyarakat Bali Di Desa Minti Makmur Kecamatan Rio Pakava." PIJAR: Jurnal Pendidikan dan Pengajaran 1, no. 1 (2022): 50–59. http://dx.doi.org/10.58540/pijar.v1i1.106.
Full textAbstract:
The tooth-cutting ceremony, which is better known as metatah, implicitly has educational values that are still not fully understood by the community, although so far this ceremony has been interpreted by some as debt repayment, without understanding the other values contained therein. The purpose of the metatah ceremony is to clean someone's teeth chatter, anger, greed (Sad Ripu) and as a symbol will cut 6 upper teeth namely 4 incisors and 2 canines. This research method uses qualitative research with a phenomenological approach. The tooth-cutting or metatah ceremony can be carried out if the child has reached adulthood, that is, women are marked with menstruation and men's voices are enlarged. The procedure and sequence of the metatah tradition in Balinese society in Minti Makmur Village, Rio Pakava District (1) the procedure and sequence of the metatah procession, namely sungkem, then to the carving center, teeth sharpened, smoothing whetstones, treating the sharpened teeth, then picking and pawintean; (2) the meaning of metatah procession for parents is as a duty and obligation towards children. The meaning of the metatah procession for children is the gateway to adolescence and therefore how can it reflect good adolescent behavior in accordance with the purpose of the metatah procession.
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Vafa Mutallimova, Vafa Mutallimova, and Abbas Agayev Abbas Agayev. "THE MAIN FACTORS SHAPING THE STATE'S DEBT POLICY AND DEBT STRATEGY IN THE REPUBLIC OF AZERBAIJAN." PAHTEI-Procedings of Azerbaijan High Technical Educational Institutions 28, no. 05 (2023): 197–207. http://dx.doi.org/10.36962/pahtei28052023-197.
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Public debt is the total amount covering the budget deficit in a certain period of time. The correct management of the debt structure means the set of operations carried out until the time when the debt is zeroed by issuing the debt and paying off the principal debt and interest thereafter. In this regard, in each state, a special institution responsible for the mentioned issues is involved. The purpose of debt strategy management is to ensure the achievement of the main economic and social goals by making certain adjustments or various additions to the amount, composition and repayment period of debts. From this point of view, debt management is closely related to both fiscal (budget-tax) and monetary policy of the state. Adjustments in the amount of debt, i.e. reducing or increasing the amount of the debt, regulating the debt in terms of duration is one of the important issues of debt management. It should be noted that these operations include adjustments to the amount and composition of the debt and a number of debt policy instruments that will ensure the achievement of certain economic goals. In addition, another goal of managing debt strategies is to use the resources obtained through borrowing in the most beneficial way for the stability and development of the national economy and to get rid of the debt burden at the lowest cost. This issue is one of the most important and most successful elements in the debt strategy. Public debt is the total value covering the budget deficit in a certain period of time. In addition, another goal of managing debt strategies is to use the resources obtained through borrowing in the most beneficial way for the stability and development of the national economy and to get rid of the debt burden at the lowest cost. This issue is one of the most important and most successful elements in the debt strategy. The most important factors that require attention in the debt strategy are: - Selection of the minimum debt burden for the State; - Sale of bonds and bills of any amount or as needed; - Adjustment of the borrowing amount and conditions to economic requirements; - Debt reduction as appropriate opportunities arise. Also, the main principle of strategic debt management is that the amount and structure of the public debt should be in accordance with the requirements of the economic situation and the main goals. At the same time, it should be taken into account that it is natural for the state to try to reduce its debt burden when appropriate opportunities arise. However, the policy of alleviating the debt burden begins first of all with the logical and correct selection of the borrowing time and other necessary measures. For example, during recessions when interest rates are low, it is more appropriate for the government to borrow. Because in general, the interest burden of the debt attracted by the state will be less. On the other hand, if there is a high interest payment obligation in the current period and if interest rates are likely to decrease in the future, it is useful to wait for the market interest to decrease through short-term borrowings. In the research paper “The main factors shaping the state's debt policy and debt strategy in the Republic of Azerbaijan” was talked about the debt policy, which is of special importance for any state and plays an indispensable role in its financial system. Nowadays, due to the fact that it plays an important role in the economic development of the country and the regulation of debt problems, the correct processing of the public debt has been reflected. Otherwise, an improperly prepared debt policy that does not take into account modern realities can lead to negative consequences and lead to unpleasant situations. From this point of view, the correct implementation of the policy related to the topic we are studying has been evaluated as one of the most relevant issues. In the article, the goals put forward in the strategy for public debt in the country are described. Based on the debt policy carried out in our country, it was brought to attention that the state has a wide and positive experience, both in terms of benefiting from the debt system and in terms of paying off the public debt. Recently, the dynamics of internal, general and external public debt have been given and statistical indicators have been shown, emphasizing the great importance of replacing foreign debt with domestic debt as much as possible. At the end of the article, it was mentioned that the main goal of the debt strategy is the gradual reduction of the public debt. Keywords: debt strategy, financial system, debt system, economic development, debt dynamics.
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Anand R. "Redemption Under Mortgage." Asian Journal of Multidisciplinary Research & Review 03, no. 06 (2022): 169–84. http://dx.doi.org/10.55662/ajmrr.2022.3602.
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The mortgaged property is used as security for the loan payment. After the due date for the Mortgagee’s Money’s Repayment has elapsed, the mortgagor is entitled to receive his property back upon payment of the principal plus interest. This right of the mortgagor is known as the Right of Redemption. The right cannot be restricted by any terms that bar redemption. Any agreement to the contrary cannot govern the right. This right is mentioned u/s 60 of the Transfer of Property Act, 1882. The word ‘Redeem’ means buy back. Here, in this context it refers to buy back the property which was mortgaged earlier by the mortgagor to the mortgagee. This right to redeem or in other words, right to discharge the debt u/s 60 generally accrues only after the completion of the mortgage period mentioned as per the terms of the contract. The limit for the maximum period of the completion of mortgage contract is not mentioned under any law in India but however in England, it is 40 years[i]. When the prerequisites for a retransfer are met, a mortgagor who is entitled to redemption may request that the mortgagee either retransfer the property to him or, in lieu of doing so, assign the mortgage obligation and transfer the mortgaged property to a third party that the mortgagor may specify.
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Nola, Luthvi Febryka. "KEDUDUKAN KONSUMEN DALAM KEPAILITAN (THE POSITION OF CONSUMER IN BANKRUPTCY)." Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan 8, no. 2 (2017): 255–70. http://dx.doi.org/10.22212/jnh.v8i2.1069.
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Bankruptcy and suspension of obligation for debt repayment is one of dispute resolution mechanisms that can be chosen by parties with an aim of solving the problem in an economical and transparent manner. This mechanism is regulated in Law No. 37 of 2004 of Bankruptcy and Suspension of Obligation for Debt Repayment (Insolvency Law). However, the Law has faced many problems in its implementation mainly related to consumer protection. This paper will discuss consumer position related to bankruptcy and its implementation. The author finds that consumer position in bankruptcy is not only govern by Insolvency Law but also by the Civil Code, Law No. 8 of 1999 on Consumer Protection, and Law No. 40 of 2014 on Insurance. The guidelines on those regulations have several problems, namely the lack of clarity and provision as well as violations of the principles of legislation. As a result consumer has a very weak position. Consumer is often categorized as concurrent creditor who will receive compensation only after separatist and preferential creditor. In contrast, the positions of the curator, the administrator, the supervisory judge are too strong that it allows for irregularities such as mafia practices in bankruptcy cases that harm the consumer. With regard to legal culture, law enforcement has acknowledged the position of consumer as a creditor in bankruptcy, but conversely judge’s verdict has not favored the consumer. This makes people prefer to resolve the dispute through ways other than bankruptcy. Therefore, the Insolvency Law needs to regulate the consumer position clearly; while regulation on its supervision also needs to be strengthened; and heavy sanctions should also be ordered against any misconduct by law enforcement authorities. Concurrently other laws need to adjust their rules with Insolvency Law for effective implementation. AbstrakKepailitan dan penundaan kewajiban pembayaran utang merupakan salah satu mekanisme penyelesaian sengketa yang dapat dipilih oleh para pihak dengan tujuan menyelesaikan masalah secara singkat murah dan transparan. Mekanisme kepailitan diatur dalam UU No. 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang (UU Kepailitan). Namun dalam praktiknya UU Kepailitan memiliki banyak permasalahan terutama berkaitan dengan perlindungan konsumen. Tulisan ini akan membahas pengaturan kedudukan konsumen terkait kepailitan dan implementasinya. Penulis menemukan bahwa yang mengatur kedudukan konsumen dalam kepailitan tidak hanya UU Kepailitan akan tetapi juga KUHPerdata, UU No. 8 Tahun 1999 tentang Perlindungan Konsumen, dan UU No. 40 Tahun 2014 tentang Perasuransian. Pengaturan tersebut memiliki beberapa permasalah yaitu adanya ketidakjelasan dan ketidaksingkronan pengaturan serta pelanggaran asas peraturan perundang-undangan. Akibatnya dalam pelaksanaanya kedudukan konsumen menjadi sangat lemah. Konsumen kerap dikategorikan sebagai kreditor konkuren yang akan menerima ganti kerugian setelah kreditor separatis dan preferen. Sebaliknya, kedudukan kurator, pengurus, hakim pengawas sangat kuat sehingga memungkinkan terjadi penyimpangan seperti praktik mafia kepailitan yang merugikan konsumen. Berkaitan dengan budaya hukum, penegak hukum telah mengakui kedudukan konsumen sebagai kreditor dalam kepailitan hanya saja putusan hakim belum berpihak terhadap konsumen. Hal ini membuat masyarakat lebih memilih menyelesaikan sengketa melalui cara di luar kepailitan. Oleh sebab itu UU Kepailitan perlu mengatur kedudukan konsumen secara jelas; aturan tentang pengawasan juga perlu diperketat; dan sanksi yang tegas terhadap penegak hukum yang melanggar juga perlu diatur. Sedangkan UU lain perlu menyesuaikan aturan dengan UU Kepailitan supaya dapat dilaksanakan.
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Lamtana, Lamtana, and Vemmy Mayditri. "Penerapan Prinsip Syariah pada Akad Rahn di Lembaga Pegadaian Syariah." Jurnal Pendidikan dan Kewirausahaan 10, no. 2 (2022): 422–40. http://dx.doi.org/10.47668/pkwu.v10i2.397.
Full textAbstract:
Non-Bank Islamic Financial Institutions in Indonesia, one of which is the Sharia Pawnshop, to implement various kinds of products and contracts in carrying out their business activities, one of the products is the Rahn contract, the freedom to design the form of the contract will provide product diversity, however fiqh analysis is carried out to avoid things that are prohibited, considering that one of the rules in ushul fiqh is basically all transactions are allowed unless there is a clear argument forbidding it. Based on the pillars of Rahn's contract in practice, starting from marhun, marhun bih, shighah, and 'aqidaini, it is in accordance with sharia theory. Pawn as one of the categories of debt-receivable agreements, for a trust from the creditor, the debtor pledges the goods as collateral for the debt. The collateral remains the property of the person who pawned it, but is controlled by the recipient of the pledge.
 The results of this study show that in general the Sharia Pawn Sharing the Blessing of Samarinda has complied with the rules in rahn transactions. Pawn Sharia Sharing Blessings in other words using multiple contracts (al-uqud al-murakkabah). It is a hybrid contract (multi-contract), namely rahn (pawning), qardh (borrowing) and ijarah (rental) contracts. The second contract responds to the first contract, and the third contract completes the second contract where the perfection of the first contract depends on the perfection of the second and third contracts through a reciprocal process or one contract depends on another contract.
 Tthe auction system carried out by sharia pawnshops is in accordance with the DSN-MUI Fatwa No: 25/DSN-MUI/III/2002 concerning Rahn. Excess money from the auction after deducting loans and fees will be returned to the customer, while if there is still a shortage, it remains the customer's obligation to pay off. This is the beauty of Islam where loan settlement or repayment is carried out fairly
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Akbar, Hajarul. "ORDERS TO RECORD DEBTS (Study of Surah Albaqarah verse 282)." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 11, no. 2 (2021): 229. http://dx.doi.org/10.22373/dusturiyah.v11i2.11810.
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The order for recording accounts payable has been stated in the Koran, this problem will also face many obstacles when dealing with a fact in the field, both in the collection and repayment of the debt, therefore it is interesting to study the extent of the opinions of the scholars of interpretation and scholars. others in determining the terms and other matters relating to the recording of accounts payable, of course this is what underlies the researcher's interest in explaining and getting a bright spot on how the scholars interpret this matter. This issue has many opinions among scholars of interpretation, both regarding the recording order and the problem of determining the criteria for witnesses in conducting debt and credit transactions. To get a deeper understanding, it is necessary to conduct a study of accounts payable, so that it can be seen how the criteria for witnesses for recording accounts payable according to the commentators and how the accounts payable according to the commentators are recorded. This study uses library research as a basic scientific perspective on interpretive scholarship, while the approach used in this research is a qualitative approach using the mauḍu'i (thematic) method. The main data sources used are the book of Tafsir al-Munīr, afwat al-Tafāsir, Tafsir al-Marāghī, the Koran and its commentary, while the supporting data sources are literature related to research titles such as books, books, dictionaries, encyclopedias, journals, as well as articles. The results of this study state that the criteria for witnesses according to the commentators in recording accounts payable, have almost the same opinion, not much different, namely Wahbah al-Zuhaili mentions that the criteria for witnesses are Islam, fulfill the obligation of prayer, have good and fair morals. And Ali al-Ṣābūnī mentions that the criteria for witnesses must be fair and firm, while al-Marāghī mentions that the criteria for witnesses must be of good religion and fair nature. The commentators have different opinions regarding the recording of accounts payable in QS. al-Baqarah: 282-283, unlike contemporary scholars who are very well known in this century, according to Wahbah al-Zuhaili the order to record accounts payable is obligatory and al-Marāghī recording debts and receivables is mandatory for avoid disputes in the future. Meanwhile, according to Ali al-Ṣābūnī, the recording of accounts payable is only a recommendation, not mandatory.
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KOSOVA, Tetiana, Anton KURHANSKYI, and Oleksandr KUTSEV. "Restructuring as a form of settlement of problematic credit debt of banking institutions." Economics. Finances. Law 8, no. - (2023): 50–53. http://dx.doi.org/10.37634/efp.2023.8.12.
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Definitions of credit debt restructuring of banking institutions provided in several legal acts are summarized. They are reduced to changing the essential conditions of the current credit agreement to soften the requirements for the borrower in connection with his financial difficulties, the need to create favorable conditions for him to fulfill his credit obligations. The objects of restructuring under the credit agreement are: interest rate; forgiveness of part of the debt; his debt repayment schedule; terms and amounts of repayment of the main part of the loan, fees, etc. Restructuring of the bank is defined as a set of measures aimed at improving the financial condition, increasing the liquidity and solvency of the bank, carried out in the form of reorganization of the bank, change of owner, management, acceptance of debt obligations by the investor, rehabilitation, merger, division, merger, absorption at the stage, that precedes the recognition of the bank as bankrupt and the NBU's decision to liquidate it. Objects of restructuring can be: bank, enterprise, borrower's debts, tax debt, debt obligations, investment project, tax debt, debt obligations for borrowing, debt for issuing bonds. Restructuring of problematic credit debt is a type of restructuring of the borrower's debts by concluding an additional agreement with the borrower, settlement agreement, financial restructuring. The latter is the most common and is a form of economic recovery of borrowers who are in critical financial condition; changes in the conditions and repayment terms of credit obligations; ensuring borrowers' access to financing to restore their economic activity. Subjects and forms of financial restructuring are systematized. The essence of financial restructuring as an out-of-court procedure through negotiations between the borrower, his related persons and involved creditors is determined. The conditions for the borrower's participation in financial restructuring have been diagnosed, and the mechanisms for its initiation and implementation have been formalized. The responsibilities of the borrower in terms of the development and implementation of the restructuring plan are described.
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Nikiforov, Denis. "The Issue of Serbia’s Repayment of Debt to Russia on the Loan of 1876 (Based on Russian Diplomatic Documents)." Slavic World in the Third Millennium 19, no. 3-4 (2024): 28–45. https://doi.org/10.31168/2412-6446.2024.19.3-4.02.
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The article analyses Serbia’s actions regarding the repayment of its debt to Russia under the Loan Agreement of 1876. The author examines all stages of Russian-Serbian relations concerning the repayment of this debt, as well as the circumstances that impacted the postponement of payment deadlines. In 1876, during the Serbian-Turkish War, Serbia entered into a loan agreement with three Russian banks. By 1890, Serbia’s main debt obligations to Russia included debts from the loans of 1867, 1876, and a credit agreement from 1890. The question of debt repayment was connected to the improvement of Russian-Serbian relations, as Russian diplomats consistently agreed to defer payments on loans, including the one from 1876. After gaining independence, Serbia found itself in a situation where obligations related to railway construction, military preparations, and institutional reforms required additional financing. The author highlights the presence of short-term loans and a budget deficit, which Serbia was only able to overcome by 1903. The political and economic challenges faced by Serbia resulted in the country being unable to repay its debt to Russia until 1911. However, the improvement in economic conditions eventually allowed the state to enter into a loan agreement with a French banking syndicate, which enabled Serbia to fully settle its debt obligations to Russia.
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Kasseckert, Markus. "Werden die Notlagenschulden je zurückgezahlt?" Wirtschaftsdienst 104, no. 5 (2024): 318–22. http://dx.doi.org/10.2478/wd-2024-0087.
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Abstract This paper analyses Germany’s approach to repaying emergency debts. It explores legal frameworks, fiscal implications and challenges in debt management. Despite legal obligations, public discourse often misunderstands the details of repayment, raising concerns about fiscal sustainability. The paper calls for transparent and accountable debt management to ensure intergenerational fairness.
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Harris, Edward M. "When is a Sale Not a Sale? The Riddle of Athenian Terminology for Real Security Revisited." Classical Quarterly 38, no. 2 (1988): 351–81. http://dx.doi.org/10.1017/s0009838800037010.
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In Athens during the late Classical and Hellenistic periods, it was customary for a man who was borrowing a large sum of money to pledge some property as security for the repayment of his loan. To show that this property was legally encumbered, a flat slab of stone, called a horos, was set up, and an inscription, indicating the nature of the lien on the property, was inscribed on the horos. These horoi served to warn third parties that the man who pledged the property as security was not free to sell it or otherwise alienate it until the loan was repaid. The terminology which is used on these horoi to indicate that the property has been pledged as security varies. On a relatively small number of horoi, only seven, the property is described as ‘lying under (an obligation)’ (ὑποκειμένου, -ης, -ων) for a debt, the amount of which may or may not be specified. The texts found on a far greater number of horoi, some 128 in all, use a different type of expression. On these horoi, the property is said to have been ‘sold on condition of release’ (πεπραμένου, -ης, -ων, ἐπὶ λύσει). The terminology used on the horoi to describe this kind of lien presents a striking contrast with that employed by the Attic orators: in their speeches we find the verbs ὑποκεῖσθαι and ὑποτιθέναι when it is a question of pledging security for a loan, but never πέπρασθαι with the addition of the prepositional phrase ἐπὶ λύσει.
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Talisa, Rina, and Siti Malikhatun Badriyah. "The Implications of Intellectual Property as Objects of Fiduciary Guarantee for Creative Economy Entrepreneurs." Jurnal Daulat Hukum 6, no. 1 (2023): 1. http://dx.doi.org/10.30659/jdh.v6i1.27150.
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Intellectual Property (IP) as objects of fiduciary security has not been implemented optimally in financing institutions in practice. In banking practices, the use of IP will cause problems when defaults occur or many debtors are unable to meet the legal obligation of debt repayment. The legal problems that occur related to intellectual property issues as fiduciary security are an obstacle and challenge that the government needs to fix in strengthening the rules that form the basis of intellectual property as an object of fiduciary security, especially for creative economy actors. This study aims to analyze the legal standing of IP as objects of fiduciary security in financing institutions and to analyze the application of IP to the banking sector to creative economic actors in obtaining credit. The research method that is used in this research is a normative juridical method. The research shows that the regulation regarding IP as fiduciary security is regulated by Article 16 (3) of Act No. 28 of 2014 on Copyright and Article 108 (3) of Act No. 13 of 2016 on Patents. A copyright must be registered first at the Directorate General of Intellectual Property if it is to be used as a fiduciary security because without registration there will be no fiduciary security. With the existence of IP as a fiduciary security, banking institutions with the government need to make improvements and policy breakthroughs to the laws and regulations that are adjusted to the implementing regulations related to the implementation of the imposition of IP objects as fiduciary security.
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Mironova, A. N. "IMPROVEMENT OF METHODOLOGICAL TOOLS FOR FINANCIAL REHABILITATION OF INDUSTRIAL ENTERPRISES." Strategic decisions and risk management, no. 4 (October 25, 2014): 74–80. http://dx.doi.org/10.17747/2078-8886-2013-4-74-80.
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A methodology for developing a financial rehabilitation plan and a debts repayment schedule is presented, which may be applied during the procedure of financial rehabilitation of an organization engaged in the industrial sector. The structure of the financial rehabilitation plan and a template of the debts repayment schedule for industrial enterprises is presented, a developed algorithm with the formulae for calculation of precedence of repayment of the creditor’s demands in the form of a flowchart is presented, a formula for calculation of the total amount of the due debt is adjusted, and the feasibility of developing the financial rehabilitation plan is substantiated, whether or not the obligations performance is secured.
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Hinda, Oksana. "ESTABLISHMENT OF RESTRICTIONS ON THE DEPARTURE OUTSIDE UKRAINE TO THE OFFICIALS OF LEGAL ENTITIES THAT HAVE A TAX DEBT." Visnyk of the Lviv University. Series Law, no. 75 (November 10, 2022): 73–82. http://dx.doi.org/10.30970/vla.2022.75.073.
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In the article, the right of the controlling body to apply to the court for the restriction of the right to depart outside Ukraine to the officials of legal entities that have a tax debt is divided on structural elements, namely: the subject to which the restrictions are applied, components of the violation, sanction. It is concluded that the restrictions on the departure outside Ukraine of the head of a legal entity or a permanent establishment of a non-resident can be applied only to the citizens of Ukraine. It is proved that the restrictions on the departure outside Ukraine can be applied only to the head of a legal entity, the resident of Ukraine. It is noted that the analyzed restrictions of the rights cannot be applied to all members of the collegial governing body of a legal entity, but only to the person specified as the head in the unified register of legal entities. This conclusion is made on the basis of the analysis of the norms of the legislation which establish the obligatory differentiation of members of a collegial governing body. The essence of the violation for which the restrictions on the departure outside Ukraine are applied is the non-payment of taxes in the amount of UAH 1 million within 240 days from the date of filing the tax claim. The latter element under analysis is the sanction for non-fulfillment of the obligation to pay the tax, namely the restrictions of the right. The result, or a conditional sanction, is characterized by its temporality – it is applied until the repayment of a tax debt. The competitive procedures of realization of the above right provided for in Art. Art. 283 and 289-2 of CAP of Ukraine are analyzed. The conclusion is made concerning the identity of the grounds for opening the procedures set forth in Art. 283 and Art. 289-2 of CAP of Ukraine, and hence the inexpediency of their coexistence in the CAP of Ukraine. It is proposed to exclude Art. 289-2 from the CAP of Ukraine and to clarify the list of grounds for the termination of temporary restrictions on the departure outside Ukraine.
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Eranda, Genta, and Rudi Hartono. "Diskursus Problematika Wanprestasi Terhadap Pembatalan Perjanjian Pengikatan Jual Beli (PPJB) Lahan di Bakauheni Kalianda (Studi Kasus Putusan Nomor 75/Pdt.G/2022/PN.Tgr)." Ius Civile: Refleksi Penegakan Hukum dan Keadilan 9, no. 1 (2025): 11. https://doi.org/10.35308/jic.v9i1.9844.
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The cruciality of the implementation of the Land Sale and Purchase Agreement (PPJB) often raises the issue of default, so that in the midst of running the repayment payment must be canceled, and the creditor in this case must return the full amount of money plus moratoir interest jointly and severally as the contents of the agreement. As in Decision Number 75/Pdt.G/2022/PN.Tgr in which Hutama Karya (Persero) against Drs. Iskandar Zulkarnaen (PT Sanitarindo Tangsel Jaya), the defendant was declared negligent in not returning the payment of IDR 205,148,825,000, where the payment obligation by PT Sanitarindo Tangsel Jaya arose from PPJB Number: X/002/Perj./STJ/HK/X/2021 dated October 29, 2021 and Deed of Addendum I. This research uses a normative approach. This research method uses a normative approach that refers to the applicable laws and regulations accompanied by literature studies in the form of books, journals, and other literature that supports this research. Analysis of jurisprudence uses qualitative descriptive to describe legal phenomena to be later concluded from general statements to specific conclusions. The results showed that PT Sanitarindo Tangsel Jaya is obliged to return all the money to Hutama Karya (Persero) for the purchase of the land in the amount of Rp. 205,148,825,000. PT Sanitarindo Tangsel Jaya must pay off the payment no later than 6 (six) months from the date of signing the Agreement, but until the case is heard it does not carry out its obligations. Because it was not agreed by the litigants, the interest determined by law, which although set at 6% per year The consequences incurred are material losses from the remaining losses due to default, namely in the form of debt accommodation for the return of advances that have not been returned by the seller / defendant to the buyer / Hutama Karya (Persero) other costs, which can be in the form of accommodation of costs incurred during the management of the case concerned. Paying immaterial court costs can be in the form of psychological losses to Hutama Karya (Persero) or the buyer due to the defendant's default.Keywords: Decision, Default, Land, PPJB
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Husain, Aasim Mairaj. "Forgiveness, Buybacks, and Exit Bonds: An Analysis of Alternate Debt Relief Strategies." Pakistan Development Review 27, no. 4II (1988): 819–28. http://dx.doi.org/10.30541/v27i4iipp.819-828.
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The 1980s have seen the issue of Third World debt rise to prominence as one of the foremost concerns for economic policy-makers. The foreign indebtedness of many developing countries has risen to such high levels that the casual observer is forced to wonder if the debt will ever be paid back. Many scholars are now arguing that the debt obligations of some of the most heavily indebted countries (HICs)are so large that they act as a severe disincentive to investment. These disincentives, in turn, reduce growth rates in the HICs, thereby making future repayments even less likely. Many explanations for the onslaught of the debt crisis have been offered. The late Seventies and early Eighties saw a rapid rise in interest rates as well as an equally rapid deterioration of the terms of trade of many HICs. Many sovereign debtors, which had been excellent investment opportunities for creditor banks, were suddenly insolvent. Low output shocks further exacerbated repayment possibilities. Faced with the possibility of non-payment, creditors entered into rescheduling negotiations with sovereign borrowers. These rescheduling have involved bargaining over the amount of repayment that will be made.
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Maulida, Merlina, Driana Leniwati, and Tri Wahyu Oktavendi. "Islamic Accounting on Local Wisdom: Interpreting the Payable Concept in the Bhubuwan Tradition." Share: Jurnal Ekonomi dan Keuangan Islam 11, no. 2 (2022): 526. http://dx.doi.org/10.22373/share.v11i2.14829.
Full textAbstract:
Bhubuwan is the money-giving tradition during a celebration within the Bangkalan community of Madura, East Java. The funds were deemed payable and must be returned at future events of a similar nature. This study aims to delve into the meaning of ‘payable’ in the Bhubuwan tradition in light of Islamic values such as friendship, brotherhood, trust, generosity, and sincerity. Data is gathered through observation, interviews, and documentation review. The informants are members of the local community who have participated in and comprehended the significance of the Bhubuwan tradition. The data is analyzed qualitatively using Miles and Huberman's four stages. The findings show that the term payable is interpreted in a broader context, not just as an obligation, as the existing accounting concept implies, but also as a family relationship and a measure of mutual tolerance and trust. There is also no additional nominal repayment obligation. The value of trust between communities in debt and credit transactions also supports the fact that this tradition has adopted the concept of sharia accounting over the years and has become a part of the local culture. It is expected that the concept of payable in the Bhubuwan tradition will change how humans view accounting concepts in general, particularly those related to payable.========================================================================================================ABSTRAK - Bhubuwan adalah tradisi pemberian uang dalam suatu acara hajatan pada masyarakat Bangkalan Madura, Jawa Timur. Pemberian tersebut dianggap sebagai ‘hutang’ dan akan dikembalikan pada kejadian serupa di masa yang akan datang. Penelitian ini bertujuan untuk menggali makna hutang dalam tradisi Bhubuwan yang dihubungkan dengan nilai-nilai Islam seperti persahabatan, persaudaraan, kepercayaan, kedermawanan, dan ketulusan. Data dikumpulkan melalui observasi, wawancara, dan telaah dokumentasi. Informan adalah anggota masyarakat setempat yang telah berpartisipasi dan memahami tradisi Bhubuwan. Data dianalisis secara kualitatif dengan menggunakan empat tahapan metode Miles dan Huberman. Temuan penelitian menunjukkan bahwa istilah hutang dalam tradisi ini ditafsirkan dalam konteks yang lebih luas, tidak hanya sebagai kewajiban seperti dalam konsep akuntansi, tetapi juga dimaknai sebagai hubungan keluarga, dan sebagai toleransi dan saling percaya. Selain itu, tidak ada penambahan nominal dalam pelunasan hutang. Nilai kepercayaan antar masyarakat dalam transaksi hutang dan kredit juga mendukung fakta bahwa tradisi ini telah mengadopsi konsep akuntansi syariah selama bertahun-tahun dan telah menjadi bagian dari budaya lokal. Konsep hutang dalam tradisi Bhubuwan diharapkan akan mengubah cara pandang manusia terhadap konsep akuntansi secara umum, khususnya yang berkaitan dengan hutang.