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Journal articles on the topic 'Debtera'
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1
Ménonville, Siena de. "Approaching the Debtera in Context." Cahiers d'études africaines, no. 231-232 (December 15, 2018): 1001–28. http://dx.doi.org/10.4000/etudesafricaines.22890.
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de Ménonville, Siena. "In Search of the Debtera: An Intimate Narrative on Good and Evil in Ethiopia Today." Journal of Religion in Africa 48, no. 1-2 (December 7, 2018): 105–44. http://dx.doi.org/10.1163/15700666-12340130.
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AbstractThis article aims to illustrate through a social narrative the role and function of the debtera and their affiliation with the sacred and the profane in the Christian Orthodox regions of Ethiopia today. The article argues that though the debtera are subject to moral opprobrium, they are able to breach both the sacred and the profane because of their close relationship to knowledge and money.
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Budisidhabhiprodjo, Budisidhabhiprodjo. "Relevance Of Justice Value In Legal Protection Of Debtor In The Political Law Of Bankruptcy." Jurnal Akta 7, no. 1 (May 18, 2020): 103. http://dx.doi.org/10.30659/akta.v7i1.9768.
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In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy.
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Pangestu, Puja Dwi. "Actio Pauliana as the Rights Protection Efforts for Creditors in the Bankruptcy Case." Journal of Private and Commercial Law 3, no. 1 (May 31, 2019): 26–29. http://dx.doi.org/10.15294/jpcl.v3i1.18673.
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The implementation of a debt agreement is often found in bad faith by the debtor where the debtor is unable to pay off his debts. When the debtor is deemed unable to pay off all of his debt, the debtor can voluntarily submit palitit to the Commercial Court. Submission of bankruptcy can also be applied by creditors, of course, bankruptcy permits by debtors or creditors must fulfill the conditions mandated in the bankruptcy law. When debtors are declared bankrupt, all assets owned by the debtor are collateral for their debts.However, in its implementation, it is often found that ill will is carried out by the debtor, namely when the debtor feels that he is no longer able to repay his debts, the debtor transfers his assets to the third party for his own benefit. To protect the interests of each creditor then curator can make an action with actio pauliana, , Actio Pauliana is cancellation of all of the legal action of the assets taken by debtors. The research objective of this article is to know and understand the bankruptcy determination process based on the Bankruptcy Act and how actio pauliana attempts to protect the rights of each creditor.
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Oyda, Semayat. "REVIEW ON TRADITIONAL ETHNO-VETERINARY MEDICINE AND MEDICINAL PLANTS USED BY INDIGENOUS PEOPLE IN ETHIOPIA: PRACTICE AND APPLICATION SYSTEM." International Journal of Research -GRANTHAALAYAH 5, no. 8 (August 31, 2017): 109–19. http://dx.doi.org/10.29121/granthaalayah.v5.i8.2017.2193.
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The objective of the review paper was to highlight indigenous practice to traditional veterinary medicine and medicinal plants used by indigenous people. Traditional medicine has been defined as the sum total of all knowledge and practices whether explicable or not, used in the diagnosis, prevention and elimination of physicals, mental or social imbalances which passes from generation to generation, whether verbally or in writing. The application of traditional medicine to veterinary medicine has been termed as ethnoveterinary medicine. In Ethiopia up to 80% of the population uses traditional medicine due to the cultural acceptability of healers and local pharmacopeias, the relatively low cost of traditional medicine and difficult access to modern health facilities. Some of medicinal plants were Monopsis Sellariodes, solanium anguivi Lam, Vigina spp, Nicotiana tabacum L, Argemone Mexicana L, and Platostoma Rotundifolium etc. and they useful for different diseases. Traditional practitioners include bone setters, birth attendants, tooth extractors, (called yetirs awolaki, 'Wogesha' and yelimd awalaj' respectively in Amharic) herbalists, as well as 'debtera', 'tenquay' (witch doctors), and spiritual healers such as 'weqaby' and 'kalicha'. Healing in Ethiopian traditional medicine is not only concerned with curing of diseases but also with the protection and promotion of human physical, spiritual, social, mental and material wellbeing. Drugs were administered using different routes, the main ones being, topical, oral and respiratory and are stored usually in containers such as bottles, papers, pieces of cloth, leaves and horns, and were kept anywhere at home.
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Tauhid, Imam. "KOMPARASI MODEL PENGARUH KUALITAS LAYANAN TERHADAP KEPUASAN DAN LOYALITAS DEBITUR KUPEDES BRI BANGSALSARI BERDASARKAN SUKU." BISMA 12, no. 2 (June 30, 2018): 240. http://dx.doi.org/10.19184/bisma.v12i2.7894.
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This study compares the usage models of Kupedes credit of Bank Rakyat Indonesia (BRI) Bangsalsari Jember, between the Javanese and Madurese debtors by analyzing the effect of service quality on satisfaction and loyalty of the debtors. The population is all Kupedes debtors of Javanese and Madurese in BRI Bangsalsari Jember. The sample consists of 120 Javanese debtors and 120 Madurese debtors taken by cluster sampling, purposive sampling, and quota sampling methods. The compared models were analyzed by Structural Equation Modeling (SEM) and comparative test of the two models. The results show that for the Javanese debtors, service quality has no effect on satisfaction, service quality significantly affects loyalty, and satisfaction significantly affects loyalty. For the Madurese debtors, service quality has no effect on satisfaction, service quality has no effect on loyalty, and satisfaction significantly affects loyalty.
Keywords: Service Quality, Debtor Satisfaction, Debtor Loyalty
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Sutrisno, Sutrisno. "Legal Protection for Debtors over Separatist Creditors' Rights Related To Bankruptcy." Jurnal Akta 7, no. 1 (May 15, 2020): 83. http://dx.doi.org/10.30659/akta.v7i1.9453.
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Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debtors to go bankrupt, even though the debtor is actually in a state of solvency; 2) the PKPU mechanism has not provided extensive opportunities for debtors to improve company performance; and 3) efforts in bankruptcy are dominated by the authority of creditors. While, the problems that have resulted in the implementation of legal protection for debtors over the separatist creditor's collection rights so far are as follow: 1) there has been no funds for the costs of arranging and clearing bankrupt assets; 2) the bankrupt debtor is not cooperative and 3) the debtor sells / transfers his assets before being declared bankrupt. The method used in this paper is sociological juridical with non-doctrinal approach.Keywords: Debtor; Separatist Creditor Rights; Bankruptcy; Legal Protection.
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Sulastri, Lusia. "LEGAL PROTECTION OF THE DEBTOR CONSTRUCTION COMPLETION OF NONPERFORMING LOANS BY AUCTION OF LIABILITY WARRANTIES." Jurnal Pembaharuan Hukum 5, no. 2 (August 13, 2018): 182. http://dx.doi.org/10.26532/jph.v5i2.3009.
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The resolutions of non-performing loans with tendering guarantee Encumbrance Often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court the which is due to the complexity of the auction and Several weaknesses inherent in the Mortgage Law. Issues that will be Examined is the debtor regarding the cause of the resistance and constructing legal protection for the debtor, the which will then be Analyzed by Juridical reasons debtor resistance and constructing legal protection for debtors. Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection the which regulates legal protection for debtors and Also Provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by "tendering Crime" in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tendering process encumbrance Become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,
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Russell, James R. "The Armenian Magical Scroll and Outsider Art." Iran and the Caucasus 15, no. 1-2 (2011): 5–47. http://dx.doi.org/10.1163/157338411x12870596615313.
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AbstractUnordained clergy make Armenian prayer scrolls, which go back to the amulets against the Child-stealing Witch. They are analogous to the MSS of Ethiopian Christians, made often by charismatic and socially marginal figures. This art found a niche in East Christian society; but none was provided for the appropriately named "outsider" art and the art of the insane in the West, which often expresses religious visions and sentiments that the artistic and mental health establishments—rather than an ecclesiastical order this time!—have forced to the margin of society or beyond it. Despite the early efforts of Frederic Macler, though Armenian magical and talismanic texts have been edited and published there has been little study of the art as such of the manuscripts that contain them. Perhaps because of their greater flamboyance and their situation partially in an African context, it is the analogous material of the Ethiopian Christian tradition that has received art historical attention. And modern avowedly religious art of almost any kind in the West became so generally marginalised in criticism that much of it, including the art of people labelled insane, has come to be studied, if at all, under the rubric of art brut or outsider art. Since the makers of folk-religious-magical art in Armenia (the tirac'u) and in Ethiopia (the debtera) are sometimes marginal figures like outsider artists, I have attempted in this essay to initiate an approach to Armenian magical and talismanic art that employs the comparative method and takes advantage of the insights of studies of outsider art, the art of the psychologically abnormal, and the art of self-taught religious visionaries.
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Kruhlova, Olha. "Legal analysis of mechanisms of influence on debtors." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 115–19. http://dx.doi.org/10.31733/2078-3566-2020-2-115-119.
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This article is dedicated to exploring legal mechanisms that can be used against debtors to satisfy creditors' rights and interests. The purpose of the study is to determine the list of measures aimed at exercising effective influence on the debtor, provided by law, and to formulate criteria for their application. The author draws attention to changes in the current legislation in this area in recent years and stresses the urgency of maintaining discipline in obligations, given the difficult economic situation in the country and the global financial crisis. One of such positive changes should be the establishment of the keeping of the Unified State Register of Debtors in Ukraine, whose functioning makes it possible to identify the debtor's property and impose restrictions on it, prohibit alienation and so on. And all this provides an opportunity to meet the property needs of creditors. For the first time, the study reveals the criteria that should be used to determine the areas of influ-ence for entities with debt to the lender: characteristics of the individual (individual / legal entity, etc.); the area of law that sets the obligation for the debtor (civil / family / commercial law, etc.); the causes of the debt (insolvency / liability of the debtor, etc.); the personal position of the debtor and / or creditor in the situation that has arisen (initiation of debt resolution / restructuring, etc.) The article also analyzes the specifics of choosing measures to influence debtors who have certain statuses. Such a feature exists in particular for an individual, a legal entity, a state-owned enterprise, an alimony debtor, an insolvent debtor, and others.
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Spencer-Suarez, Kimberly, and Karin D. Martin. "Navigating the Monetary Sanctions Maze: Understanding and Confusion Among Criminal Legal Debtors." Journal of Contemporary Criminal Justice 37, no. 1 (November 13, 2020): 4–24. http://dx.doi.org/10.1177/1043986220971385.
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Monetary sanctions in the criminal legal system are legally and procedurally complex. If not paid in a timely manner, a single conviction can result in multiple legal financial obligations, varying in kind, payment procedure, and consequences. This study examines how, and the extent to which, criminal legal debtors understand monetary sanctions. Based on interviews with 60 individuals who owed criminal legal debt in New York, we propose a typology of debtor understanding. Proximal understanding pertains to individual, case-level factors and is instrumentally oriented. Distal understanding concerns system-level matters and is oriented toward normativity and fairness. We examine how debtors develop each type of understanding, how these dimensions interact, and the implications of debtor understanding for compliance behavior.
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Sriwati. "Legal Protection for Creditor under Cross Default and Cross Collateral Clause in a Credit Agreement." Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial 8, no. 1 (March 28, 2021): 12–22. http://dx.doi.org/10.33258/konfrontasi2.v8i1.137.
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The business developments initiated by businessmen often require large amounts of financing, hence a third party interference is needed. For this purpose, businessmen generally apply for loans or credits from financial institutions, including banks. The legal relationship between a businessman as a debtor and a bank as a creditor is stated in a credit agreement. An issue arises when there is only one creditor with more than one debtor upon one single credit agreement. In such condition, cross default and cross collateral clauses are known. This research will discuss whether the cross default and cross collateral clauses can provide legal protection for a creditor in its credit agreement with the debtors. In conclusion, cross default and cross collateral clauses are not the only factors that provide legal protection for a credit agreement between one creditor and more than one debtors. The guarantee value in the guarantee agreement made must also be adjusted to the total debt value of all related debtors.
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Zhang, Zhenyu, Jie Lin, Huirong Zhang, Shuangsheng Wu, and Dapei Jiang. "Hybrid TODIM Method for Law Enforcement Possibility Evaluation of Judgment Debtor." Mathematics 8, no. 10 (October 16, 2020): 1806. http://dx.doi.org/10.3390/math8101806.
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The phenomenon of the judgment debtor evading the execution of legal documents and concealing his property by improper means has become increasingly prominent in China, which seriously affects the realization of the people’s legitimate rights and interests. To protect the legitimate rights and interests of the people, it is necessary to study the law enforcement possibility evaluation of judgment debtors and quickly judge which judgment debtor is likely to complete the legal documents. A novel hybrid TODIM (an acronym in Portuguese for Interative Multi-criteria Decision Making) method for evaluating the law enforcement possibility of judgment debtors is developed. The main idea of the hybrid TODIM method is to obtain the relative possibility value of judgment debtors by comparing the attribute values between two judgment debtors and aggregating all the attributes’ differences. The result shows that the hybrid TODIM method fully considers the psychological and behavioral factors of the law enforcement officers in the evaluation process. The evaluation result is more in line with the law enforcement officers’ experience in handling execution cases. Compared with the hybrid TOPSIS (technique for order preference by similarity to ideal solution) method, the hybrid TODIM method is more suitable for solving the problem.
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Hertoni, Yuda, Gt Irhamni, and Sanusi Sanusi. "POLA KOMUNIKASI BRANCH COLLECTION DALAM PROSES PENAGIHAN PEMBIAYAAN BERMASALAH KEPADA DEBITUR / NASABAH PT. BANK MUAMALAT INDONESIA, TBK CABANG BANJARMASIN." Al-KALAM JURNAL KOMUNIKASI, BISNIS DAN MANAJEMEN 5, no. 2 (January 31, 2019): 96. http://dx.doi.org/10.31602/al-kalam.v5i2.1715.
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The purpose of the research to be achieved is to know the process of financing problematic billing to the debtor / customer at PT. Bank Muamalat Indonesia, Tbk Branch Banjarmasin which has been run, to know the communication pattern of Branch Collection in the process of financing problematic billing to the debtor / customer PT. Banak Muamalat Indonesia, Tbk Banjarmasin Branch and to know what attitude changes happened to the debtor / customer when Branch Collection using the communication pattern.This research was conducted on 9 (Nine) informants, 3 (Three) Staff of Branch Collection and 6 (Six) people of debtors / customers. Each is divided into two stages, namely preliminary research and advanced research using structured interview instruments and qualitative methods that are descriptiveThe results of this study resulted in the following conclusions: 1. The process of financing disbursement problem to the debtor / customer at PT. Bank Muamalat Indonesia, Tbk Banjarmasin Branch which has been run by peaceful / kinship through persuasive negotiation with direct communication between Branch Collection with debtor / customer with the aim to find solution together mostly with mechanism of settlement through Restructuring, so until there is currently no settlement through litigation guarantee or through Auction Hall. 2. The communication pattern used by the Branch collection in the collection process to the debtor is the Communication Pattern of Cooperation (cooperation), Accommodation and Contravention, 3. The attitude change that occurs to the debtor / customer is by continuous visits whether the house of the debtor, place of business, workplace, parents, relatives or other relatives, the debtors feel embarrassed, uncomfortable and even disturbed the presence of Branch Collection in billing so that the debtor will be self-conscious to pay.
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Busch, Dörte. "Current Reform Efforts of German Consumer Insolvency Law and the Discharge of Residual Debts." German Law Journal 7, no. 6 (June 1, 2006): 591–601. http://dx.doi.org/10.1017/s2071832200004879.
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The new Insolvency Statute (Insolvenzordnung – InsO), which came into force on 1 January 1999, sets a discharge of residual debts (Restschuldbefreiung), sections 286 – 303 InsO. When the debtor is a natural person, he or she can request the discharge on the basis of two different insolvency proceedings: either in accordance with the regular insolvency proceedings or in accordance with the consumer insolvency proceedings. The discharge of residual debts has both a social and an economic function. On the one hand, it serves as personal protection for the debtor, especially his rights of privacy and dignity (allgemeines Persönlichkeitsrecht); it will give debtors a new perspective. On the other hand, the provisions intend to (re)integrate debtors into economic life, thereby avoiding illegal employment.
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Yani, Subadra. "PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN PEMBEBANAN JAMINAN FIDUSIA." UNES Law Review 2, no. 3 (July 1, 2020): 299–320. http://dx.doi.org/10.31933/unesrev.v2i3.124.
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Consumer financing is financing activities for the procurement of goods based on consumer needs with installment payments regulated in Article 1 number 7 of Presidential Regulation No. 9 of 2009 concerning Financing Institutions. To reduce losses if debtors default, the financing of motor vehicle consumers is charged with fiduciary guarantees regulated in Law Number 42 of 1999 concerning Fiduciary guarantees. In practice, the implementation of consumer financing for motor vehicles often results in problems that harm the debtor (consumer) especially when the acquisition of fiduciary collateral items if the debtor (consumer). therefore it is necessary to conduct research on how the legal protection of debtors in consumer financing agreements with the imposition of fiduciary guarantees. The data used are secondary supporting data collected through library studies and primary data as supporting data conducted through field studies using interview techniques. The results of the study found that: legal protection for debtors in consumer financing agreements with the imposition of fiduciary guarantees has been regulated in several relevant laws and regulations, namely the Consumer Protection Act, the Fiduciary Guarantee Act, the Financial Services Authority Act and the implementing regulations. If a consumer is harmed by a finance company, the debtor (consumer) can sue the finance company because of an unlawful act and may even ask for a criminal act.
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Azmi, Ruzita, Adilah Abd Razak, and Siti Nur Samawati Ahmad. "Debts Relief Order and Administration Order for Debtors in the United Kingdom." Indian-Pacific Journal of Accounting and Finance 2, no. 3 (July 1, 2018): 35–43. http://dx.doi.org/10.52962/ipjaf.2018.2.3.60.
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Debtor’s pre-rehabilitation is a measure given to a debtor in order to avoid bankruptcy once he failed to fulfil his financial commitment with his creditors. The pre-rehabilitation schemes can be obtained through court or out of court’s settlement. The most common type of pre-rehabilitation that court based in the United Kingdom (UK) is Individual Voluntary Arrangement (IVA), which usually applicable to debtors with a large number of debts. Meanwhile, for a debtor with a smaller amount of debts, and disqualified from IVA, may resort to Debts Relief Order (DRO) and Administration Order (AO). On the other hand, Malaysian debtors may only resort to Voluntary Arrangement (VA) modelled after the IVA practised in the UK to avoid bankruptcy. Considering the importance to give more options for pre- rehabilitation schemes for Malaysian debtors, this paper examines the provisions on DRO and AO in the UK. The authors collected primary and secondary data from judicial decisions, textbooks, reports and articles from both law and non-law journals. This paper concludes by showing that if Malaysia emulates the UK and introduces DRO and AO, debtors in Malaysia will have two more bankruptcy pre-rehabilitation to complement the VA.
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Ershova, Inna Vladimirovna, Tatiana Petrovna Shishmareva, Ekaterina Evgenievna Enkova, Olga Viktorovna Sushkova, and Sergey Sergeevich Galkin. "Reforming Russian legal mechanisms for the rehabilitation of the debtor through the prism of comparative studies." SHS Web of Conferences 118 (2021): 01006. http://dx.doi.org/10.1051/shsconf/202111801006.
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The purpose of this study is to formulate the main elements of the legal model for reforming the Russian insolvency legislation based on the analysis of regulatory decisions of foreign legal orders, where the idea of the sanation of the debtor and its enterprise is successfully implemented. Comparative-legal and sociological methods of scientific cognition were used as a methodological basis. The results of the work were the analysis of the experience of the United States and Germany, the legislation of which contains effective models for resolving the conflict between the debtor and its creditors within the framework of sanation. In addition, the authors formulated and substantiated the conclusion regarding the urgent need to change the Russian concept of insolvency legislation through the transition from the liquidation of insolvent entities, mainly to the sanation of debtors or its enterprises. The authors also proposed key elements of a possible legal model for such reform, including establishing a unified restructuring competitive procedure for debtors – legal entities; preserving the powers of the debtor in the course of this procedure to handle its corporate management; solving the most significant issues of the restructuring procedure mainly by reaching an agreement between the main participants in the procedure – the debtor, the beneficiaries of the debtor and various classes of creditors. The novelty of the work lies in formulating the problem and substantiating the requirement to transform the Russian legal mechanisms for the rehabilitation of the insolvent debtor, taking into account the legal solutions presented, first of all, in American and German insolvency legislation.
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Дутка, В. В. "ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS." Juridical science, no. 1(103) (February 19, 2020): 259–64. http://dx.doi.org/10.32844/2222-5374-2020-103-1.31.
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The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.
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Sulastri, Lusia. "KONSTRUKSI PERLINDUNGAN HUKUM DEBITUR DALAM PENYELESAIAN KREDIT BERMASALAH DENGAN PELAKSANAAN LELANG JAMINAN HAK TANGGUNGAN." Jurnal Pembaharuan Hukum 2, no. 1 (July 8, 2016): 86. http://dx.doi.org/10.26532/jph.v2i1.1418.
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The resolutions of non-performing loans with tendering guarantee Encumbrance often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court whichis due to the complexity of the auction and several weaknesses inherent in the Mortgage Law. Issues that will be examined is the debtor regarding the cause of resistance and constructinglegal protection for the debtor, which will then be analyzed by juridical reasons debtor resistance and constructing legal protection for debtors. With the use of methods of doctrinal research is normative juridical will be reviewed by the study of civil cases in the District Court Majalengka and Cirebon.Research into the problem of resistance debtor caused the weaknesses that exist in the Law on Mortgage in particular Article 6 and Article 20 were used as opportunities in filing opposition by the debtor. Clauses are not clear and are not firmly set on the definition of injury Promise of a debtor, limit the authority becomes the object of Encumbrance, and the main thingis the complexity of the auction mainly related to the determination of the value of the object of encumbrance limit unilaterally by the creditor is considered unnatura.Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection which regulates legal protectionfor debtors and also provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by “ Tendering Crime “ in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tenderingprocess encumbrance become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,especially the tendering security rights regarding the value of the object of the tender limit creditors should remain guided by the principles of good faith and respect for the property of a person.
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Toha, Kurnia, and Sonyendah Retnaningsih. "Legal Policy Granting Status of Fresh Start to the Individual Bankrupt Debtor in Developing the Bankruptcy Law in Indonesia." Academic Journal of Interdisciplinary Studies 9, no. 2 (March 10, 2020): 157. http://dx.doi.org/10.36941/ajis-2020-0033.
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The objectives of this research are to identify and assess the granting of discharge as of debt in the bankruptcy law in Indonesia and legal policy regarding granting status of fresh start to individual debtors, which are in a good faith and is not able, after termination of bankruptcy, in order to develop bankruptcy law in Indonesia. The analysis is directed to explain the legal policy on granting status of fresh start to the individual bankrupt debtor in order to develop the Bankruptcy Law in Indonesia. Bankruptcy was originally conceived as a punishment for an act that is considered a criminal conduct because of the debtors’ bad faith to avoid debt. Modern bankruptcy law is aimed as an exit from financial distress. The bankruptcy law system in Indonesia adheres to a principle of “debt collective” which comes in the form of a general seizure over the debtor’s bankruptcy assets as collateral for debts repayment. This study offers an novelty in that bankruptcy law in Indonesia does not adhere to the principle of “debt forgiveness”, in which bankruptcy is a legal institution used as a way to ease the burden of debtors due to financial difficulties through the form of elimination of individual debtor’s remaining debt. After the bankruptcy ends, creditors obtain his execution rights over the property rights of the debtor, particularly on the receivable that have not been fully paid which the debtor is obligated to pay up in full.
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Alferov, V. N. "IMPROVING THE MECHANISMS OF PRE-TRIAL FINANCIAL RECOVERY OF DEBTORS UNDER THE CONTROL OF CREDITORS." Strategic decisions and risk management, no. 4 (October 26, 2014): 68–73. http://dx.doi.org/10.17747/2078-8886-2012-4-68-73.
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In law enforcement challenge in the case of bankruptcy of the debtor payments in the performance of obligations under the loan agreements arise cases which may lead to complication and expensive credit borrowers. The work considers the causes of default by the debtor during the insolvency and foreign experience in crisis management under the control of the lender, which is proposed to use in the Russian legislation on bankruptcy in order to pre-trial financial rehabilitation of debtors.
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Novitasari, Novitasari. "Pembatasan Jangka Waktu Penundaan Kewajiban Pembayaran Utang terhadap Debitor dalam Kepailitan." Lambung Mangkurat Law Journal 2, no. 2 (September 25, 2017): 123. http://dx.doi.org/10.32801/lamlaj.v2i2.39.
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The aims of the research is to analyze reasons for short term restriction onthe Postponement of Debt Payment Obligation (PDPO), the existence of time limitprovisions resulting the failure of the debtors’ debt efforts with creditors, and thePKPU’s term limits on legal protection for the interests of debtors to prevent bankruptcy.This research is a normative juridical research. Data used in this researchwere secondary data obtained from official documents, books related to the objectof research, research results in the form of reports, bachelor thesis, master thesis,dissertation and regulations. This research was also supported with primary databy conducting an interview with Advocates as resource persons to support the research.Data were analyzed qualitatively. The results of the research indicated that:(1) the term restriction given by Law no. 37 of 2004 concerning Bankruptcy andPostponement of Debt Payment Obligation has an objective of making debtors ableto offer amicable resolution to creditors related to debt payments so that debtors cancontinue their business. (2) The term is not a determinant of the failure of amicableresolution effort in the Postponement of Debt Payment Obligation, but affect theprocess of achieving the Postponement of Debt Payment Obligation, (3) Law No.37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligationprovides security guarantee such as giving the debtors an opportunity to reorganizebusiness or company management or to restructure their debts within the period ofPostponement of Debt Payment Obligation, and the debtor does not lose their rightsto take care of the company and assets, so that the debtors still have the authorityto manage the company. It can be concluded from the research that (1) Law no.37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligationprovides a short term for the debtors so that the debtors are really able to makeamicable resolution to the creditor in relation to the payment of debts. (2). The termis not a determinant of the failure of amicable resolution effort in the Postponementof Debt Payment Obligation, but affect the process of achieving the Postponementof Debt Payment Obligation. (3). Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligation has provided a guarantee of legal protection in the form of certainty to the debtor to prevent bankruptcy.
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AL-Shnikat, Murad Mahmoud. "The Meaning and Declaration of Commercial and Civil Insolvency under the Provisions of the Jordanian Insolvency Law No. 21 of 2018." Journal of Politics and Law 13, no. 1 (February 29, 2020): 161. http://dx.doi.org/10.5539/jpl.v13n1p161.
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The present study aimed to shed a light on commercial and civil insolvency under the provisions of the Jordanian insolvency law No. 21 of 2018. It aimed to explore the meaning and procedures of insolvency under the latter law. Under the latter law, the commercial insolvency is governed by the provisions of the insolvent debtor. Under the latter law, there are two types only of insolvency; imminent and actual insolvency. Under the latter law, the ones entitled to lodge an insolvency petition are: the creditor, debtor and the officer acting on behalf of the companies control department. Contrary to that, under the repealed provisions of the Jordanian commercial law, the ones entitled to lodge a bankruptcy petition are: the creditor, debtor, the court, and the public prosecution department. Several recommendations are suggested. For instance, the researcher recommends adjusting the criteria adopted by the Jordanian legislator for identifying the ones considered insolvent debtors to include more categories. Such criteria must include greater categories, such as: banks and insurance companies. He also recommends adjusting the latter criteria in order to exclude the ones who do not meet such criteria. He recommends authorizing the court to declare the insolvent debtor by itself as officially insolvent. He believes that such a power mustn’t be limited to debtors, creditors and the officer acting on behalf of the companies control department only. He recommends granting the power of lodging an insolvency petition to the court and the public prosecution department.
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Sirait, Erwin, and Sahat Sonang. "Debtor Data Collection Information System at PT. PNM Pematangsiantar Branch." Journal of Computer Networks, Architecture, and High-Performance Computing 2, no. 2 (January 1, 2020): 327–32. http://dx.doi.org/10.47709/cnahpc.v2i2.794.
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This study aims to create a web-based debtor information system at PT. PNM Pematangsiantar Branch. The design and manufacture are intended to facilitate debtor data management. So that employees can easily enter debtor data without having to write it conventionally. Using conventional methods has a negative impact. One of the negative effects of the system that is still in use is data search, data retrieval will take time because you have to open documents one by one. In addition to data search, data collection on prospective debtors wishing to establish a working relationship with companies is also a negative impact from conventional methods. With this application, it is hoped that the processing and data collection of debtor data will be faster and more accurate. The information system to be designed will be in the form of a web and use a MySQL database. It is hoped that this research can solve the problem of debtor information systems at PT.PNM Pematangsiantar Branch.
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Setiyawan, Riki, and Frieyadie Frieyadie. "IMPLEMENTATION OF THE SAW METHOD AS A DECISION SUPPORT FOR GIVING FEASIBILITY OF KUR ON BANK MANDIRI DRAMAGA BOGOR." Jurnal Pilar Nusa Mandiri 16, no. 1 (March 31, 2020): 103–10. http://dx.doi.org/10.33480/pilar.v16i1.1302.
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Currently, the public's interest is very high to get KUR, but it makes it difficult for banks to determine who is eligible to receive the KUR and in the process of giving credit using the "LOS" system but this system is still quite a time consuming to analyze customer data and the process requires consideration and good analysis from the leader, due to the high number of problem loans. The SAW method used in this study. The SAW method is able to simplify and accelerate the results of credit lending recommendations. The calculation results obtained by debtors who are very worthy given credit as much as 1 debtor (4%), decent debtors with low risk as many as 16 debtors (70%), and worthy of being given with high risk as much as 6 debtors (26%) The purpose of this study to know the process and requirements for granting business credit at Bank Mandiri Dramaga Bogor.
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Esa, Zanuar Krisna Wahyu. "KEPUASAN MEMEDIASI PENGARUH SERVICE QUALITY PADA LOYALITAS DEBITUR PD. BPR BKK KARANGMALANG CABANG MASARAN SRAGEN." EXCELLENT 5, no. 1 (July 3, 2018): 120–29. http://dx.doi.org/10.36587/exc.v5i1.287.
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The as purpose of this study to determine, analyze and test empirically of satisfaction mediate the influence of service quality on loyalty of debtors PD. BPR BKK Karangmalang Branch of Sragen. The analytical technique used is by using instrument test which includes validity test and reliability test, linearity test, regression analysis, path analysis, t test, F test, coefficient determination test and correlation analysis. Test result t in the first equation can be concluded that the variable of physical evidence, guarantee and empathy have positive and significant effect on debtor satisfaction and reliability have negative and significant effect on debtor satisfaction. While for the variable of responsiveness and empathy have a negative and insignificant on the satisfaction of the debtor. The result of t test on the second equation can be concluded that physical evidence, reliability, responsiveness, assurance, empathy and satisfaction have positive and significant effect on loyalty. F test results can be concluded together independent variables namely physical evidence, reliability, responsiveness, guarantee, empathy and satisfaction have significant effect on the loyalty of the debtor. Total R2 value of 0.978, can be interpreted variations of loyalty of debtors in PD. BPR BKK Karangmalang Branch of Sragen Masaran explained by debtor satisfaction variable and service quality of 97.8%, the remaining 2.2% described other variables outside the research model. The result of path analysis shows that the influence of physical evidence on debtor loyalty through debtor satisfaction is lower than direct influence, so more effective chosen direct path. The influence of reliability on the debtor's loyalty through the debtor's satisfaction is less than the direct influence, so the more effective the direct path is chosen. The influence of responsiveness on the debtor's loyalty through the debtor's satisfaction is less than the direct influence, so the more effective the direct path is chosen. The effect of the guarantee on the debtor's loyalty through the debtor's satisfaction is less than the direct influence, so the more effective the direct path is chosen. The influence of empathy on the debtor's loyalty through the debtor's satisfaction is less than the direct influence, so the more effective the direct path is chosen.Keywords: Service Quality, Satisfaction, Debtor Loyalty
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Cirkovic, Sima. "Debtors and debtor's detention in medieval Serbia." Prilozi za knjizevnost, jezik, istoriju i folklor 70, no. 1-4 (2004): 3–26. http://dx.doi.org/10.2298/pkjif0404003c.
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This paper deals with destinies and legal status of debtors in medieval Serbia. Lots of people owed money to Dubrovnik merchants. This kind of loan was widespread during Despot reign, and it culminates during Despot Djuradj's reign. Among Serbian towns Novo Brdo had the largest number of debtors, of whom majority were miners who needed loans so as to invest in their business until they found ore. Due to the fact that the payments were often much delayed, the Serbian authorities were frequently involved in solving that problem so as to satisfy both parties, and usually took the side of the debtor. There was some kind of house detention which forced the debtors to pay what they owed. All of this indicates the difficult position of miners in medieval Serbia.
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Hosen, Muhamad Nadratuzzaman, and Mas Arif. "Pelaksanaan Kredit Usaha Rakyat Pada Bank Syariah Mandiri Di Kabupaten Pati." Liquidity 3, no. 1 (July 1, 2018): 65–76. http://dx.doi.org/10.32546/lq.v3i1.107.
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One of Government Programs in encouraging for small and medium enterprises (SMEs) is Kredit Usaha Rakyat (KUR). The purpose of the implementation of the program to address the capital investment problem particularly un-bankable proposal. KUR makes SMEs will be able to obtain financing. Then the government authorize the commercial bank for the implementation. One of the authorized commercial bank is Bank SyariahMandiri (BSM). This paper present the findings that debtors characteristics of KUR in BSM is 57.69% male, 85.71% of enterprises, 50% of high school graduates, and 50% of debtors have been become SMEs between 1-10 years. The determinant factors of the debtors of KUR in BSM assumed into five variables, namely information KUR procedures, debtor perception of the KUR, transaction costs, their understanding the value of KUR and Islamic values.
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Demetrius, F. Joseph, Edward J. Tregurtha, and Scott B. MacDonald. "A Brave New World: Debt, Default and Democracy in Latin America." Journal of Interamerican Studies and World Affairs 28, no. 2 (1986): 17–38. http://dx.doi.org/10.2307/165771.
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Plunging Petroleum Prices have elevated Mexico into the position of de facto leadership of Latin American, and perhaps of other, debtor nations in their negotiations with international creditors. Once regarded as a model debtor, Mexico has emerged as forceful spokesman for debt relief. Although Mexican authorities often couch their statements concerning foreign debt repayments in conciliatory, and even contradictory, terms, the underlying fact is that Mexico's demand for some debt relief is tantamount to an unspoken repudiation of a portion of its $96 billion foreign debt. If Mexico, the world's second largest debtor, succeeds in wresting debt relief from its lenders, then it must be recognized that debtor-creditor relationships have undergone a fundamental change: political realities, not contract law, ultimately determine how debt is to be repaid, if at all. Mexico, more by circumstance than by choice, has led debtors and creditors alike into a brave new world.
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Husen, Muhammad Nazim, and Said Rizal. "Analisis Implikasi Permasalahan Wanprestasi dalam Kredit Perbankan (Studi Kasus Putusan MAHKAMAH AGUNG Nomor: 2337 K / PDT / 2009)." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (August 8, 2020): 120–24. http://dx.doi.org/10.34007/jehss.v3i1.210.
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In this case the customer (debtor) requires a certain amount of money for the business capital, as a guarantee his debtor submit his certificate letter as collateral to the creditors which in this case is PT. BANK SYARIAH MANDIRI DENPASAR is a Bank financial institution that one of its business activities is to give credit to the community. This journal aims to know that the Bank Mandiri Denpasar has done the agreement to debtors, the method used in this writing normative juridical research is a study conducted or shown in the written rules or other legal materials. The results showed that the creditors admitted that there was an agreement with the debtor that was loaded in Akad al-Murabahah. The contract is stated if the debtor dies then all debtor's debts will be paid by full life insurance, and the debtor dies, but the creditor will only pay the life insurance for 12 (twelve) months, because the debtor has to do the payment rider for 6 (six) months and the next month the borrower dies, the result of remaining installment from the original tenor 84 (eighty four) months which is paid 12 (twelve months) by the debtor must be re- has been reagreed by the beneficiaries of the debtor.
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Čolović, Vladimir. "Bankruptcy of Natural Persons // Stečaj fizičkih lica." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (July 27, 2017): 5. http://dx.doi.org/10.7251/gfp1707005c.
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The bankruptcy of natural persons or personal bankruptcy differs from the bankruptcy of companies. The two most important elements of personal bankruptcy are the personal management and the exemption of the remaining debts. The main characteristic of personal management is that the debtor, under the supervision of the trustee, manages its assets. The basic question is whether the personal management is a form of reorganization or not. The exemption of the remaining debts is the main purpose of personal bankruptcy. This institute is connected with the certain conditions and terms. The purpose of the personal bankruptcy is the assistance provided to the debtor-natural person in order to fulfill its obligations. In the procedure of the personal bankruptcy is applied, in addition to the general rules of bankruptcy procedure, the special rules that bind to the character of the debtor. We must distinguish the natural person - debtors who are engaged in a business carried on from the “ordinary” citizen – consumer. The paper analyzes and criticizes the regulation of the bankruptcy of natural persons in the Act of Bankruptcy of the Republic of Srpska, which defines the partner and complementary as the debtors. Attention is, also, paid to the legislation of Croatia in this area, as well as to the models of regulation of personal bankruptcy in Anglo-Saxon and continental law.
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Berger, Allen N., Geraldo Cerqueiro, and María F. Penas. "Does debtor protection really protect debtors? Evidence from the small business credit market." Journal of Banking & Finance 35, no. 7 (July 2011): 1843–57. http://dx.doi.org/10.1016/j.jbankfin.2010.12.010.
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Subadriyah, Subadriyah. "Analisis Peran Koperasi Simpan Pinjam Syari’ah dalam Meningkatkan Kesejahteraan Anggota." Perisai : Islamic Banking and Finance Journal 2, no. 1 (April 27, 2018): 1. http://dx.doi.org/10.21070/perisai.v2i1.1084.
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Aim of this research is to examine that crediting by savings and credit cooperatives to debtors, whether the provision has been effective and on target and credit granting has been used wisely by the debtor and not for consumptive purposes. The methodology used is qualitative approach with phenomenological study method. Subjects in this study are recipients of credit (debtor) of savings and loan cooperatives in Jepara and the location of research there are 2 namely: Savings and Loan Cooperative Syari'ah A and Savings and Loan Cooperative Syari'ah B. And from this research found that the granting of credit is considered not effective by sharing reasons
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Fauzi, M. "Insolvency within Bankruptcy: The Case in Indonesia." SHS Web of Conferences 54 (2018): 06004. http://dx.doi.org/10.1051/shsconf/20185406004.
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The Bankruptcy institutions are an extraordinary mechanism in debt settlement. The extraordinary characteristic distinguishes bankruptcy institutions with other mechanisms in debt settlement. This particular characteristic stems from the debtor’s inability to pay all of his debts due. However, two of the Indonesian bankruptcy laws do not include insolvency conditions as the basis for granting bankruptcy status to the debtor. Such legal politics resulted in the use of bankruptcy institutions deviated from their philosophy and vulnerable to abuse. With a post-positivist approach, this paper examines the position of insolvency tests on bankruptcy institutions, why insolvency tests are not carried out in Indonesian bankruptcy law, and how to place insolvency tests in Indonesian bankruptcy law. This study concludes that test insolvency is an essential element of bankruptcy institutions. Without insolvency tests, the bankruptcy institutions lose its raison d’etre. Proving that the debtor in insolvent condition cannot be done easily, so that Insolvency test is not used as a condition in granting bankruptcy status for debtors in Indonesia. Insolvency tests should serve as the basis for granting bankruptcy status to debtors by setting aside the principle of simple evidentiary systems. Thus, only by applying insolvency tests of bankruptcy institutions work properly.
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Nursyahriana, Andi, Michael Hadjat, and Irsan Tricahyadinata. "Analisis Faktor Penyebab Terjadinya Kredit Macet." FORUM EKONOMI 19, no. 1 (November 28, 2017): 1. http://dx.doi.org/10.29264/jfor.v19i1.2109.
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This research aims to know the influence of debtors i.e. character of debtor, capacity, condition of economy, and collateral of debtor against non performing loans at PT Bank Tabungan Negara Cabang Bontang. This research was conducted in Bontang City. The methods used in this research was field survey by using questionnaire to 32 respondents in troubled debtor status. Sampling using cencus method. Data were analyzed by using multiple linear regression in statistical analysis with the help of the program SPSS ver. 20. Results of research conducted indicates that the variable character (X1) have significant and negative effect on non performing loans (Y), capacity (X2) have non significant and negative effect on non performing loans (Y), the variable condition of economy (X3) have non significant and negative effect on non performing loans (Y), and variable collateral (X4) have non significant and negative effect on non performing loans (Y).Keywords: non performing loan
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Putri, Leonita Anastasya. "Analisis Penghapusbukuan oleh Bank terhadap Utang Debitur atas Kredit Macet." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 5, no. 1 (June 30, 2020): 95. http://dx.doi.org/10.17977/um019v5i1p95-103.
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This study aimed to analyze write-off as a form of settlement over bad credit and the legal consequences of write-off by banks on debtors' debts over bad credit. The study used the normative juridical research method. From the discussion, it was obtained that the write-off was not as a settlement of bad credit between the two parties but rather the settlement of only one party, namely the creditor. The legal consequence of a write-off was that the creditor still had the right to claim the debtor so that the debtor was still obliged to pay to the creditor. Nevertheless, the bank's obligation to pay taxes had not increased.
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ZUBAREV, I. S. "METHODOLOGICAL TOOLKIT FOR ANALYSIS OF ACCOUNTS IN THE ENTERPRISE." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 2, no. 12 (2020): 8–11. http://dx.doi.org/10.36871/ek.up.p.r.2020.12.02.002.
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Avoiding overdue accounts receivable is one of the main goals of management. According to statistical reports, many Russian enterprises don't fully work with debtors, and the level of overdue debt increases, which leads the organization to the need to borrow working capital for normal functioning and continuation of activities. The article presents methods of managing receivables that are used in world practice, such as the development of a competent credit policy, ranking debtors by group, the use of a system of penalties and discounts for contractors, the use of netting, the use of factoring, assignment, insurance against non-payment of debt, etc. In the process of writing the article, the economic essence of accounts receivable is considered, actual management methods are defined, positive and negative aspects of applying certain methods of accounts receivable management are considered. The analysis of existing practices revealed the absence of a universal method that is applied regardless of the specific debtor. Methods of managing accounts receivable should be used rationally in combination, as a complete system of working with debtors. A comprehensive approach to this problem will allow to use appropriate management tools for individual debtors, which will ensure financial stability for enterprises.
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Ambar, Rocky Marciano, Budi Santoso, and Hanif Nur Widhiyanti. "KAJIAN YURIDIS PENGESAMPINGAN PASAL 1266 DAN PASAL 1267 KITAB UNDANG-UNDANG HUKUM PERDATA SEBAGAI SYARAT BATAL DALAM PERJANJIAN KREDIT PERBANKAN." Perspektif Hukum 17, no. 1 (October 8, 2018): 65. http://dx.doi.org/10.30649/phj.v17i1.84.
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<em>Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.</em>
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Inayati, Raisa. "TUGAS, WEWENANG DAN TANGGUNG JAWAB BALAI HARTA PENINGGALAN DALAM PEMBERESAN HARTA PAILIT." JURNAL MEDIA HUKUM DAN PERADILAN 4, no. 2 (October 30, 2018): 166–82. http://dx.doi.org/10.29062/jmhp.v4i2.11.
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Bankruptcy will essentially change the competent status of the relevant legal subject of the debtor in the management of the bankruptcy property, then in the process must follow certain terms and procedures so declared bankrupt based on a judge's decision. Due to the verdict of bankruptcy statement against the debtor will become a foothold of the next problem that is about how the creditors get their rights from the debtor bankruptcy and who will take care of the division of bankrupt debtors. Against this statement, Article 70 of Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Obligation for Payment of Debts stipulates that the entitled to do belongs to The Orphans Chamber or other Curators. Closing up bankruptcy belongs to the end of the bankruptcy process. In this writing can be known about the main role in the management and ordering of bankrupt property carried out by the Curators / The Orphans Chamber.
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INAYATI, RAISA. "TUGAS, WEWENANG DAN TANGGUNG JAWAB BALAI HARTA PENINGGALAN DALAM PEMBERESAN HARTA PAILIT." Notaire 1, no. 2 (April 9, 2019): 339. http://dx.doi.org/10.20473/ntr.v1i2.9283.
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Bankruptcy will essentially change the competent status of the relevant legal subject of the debtor in the management of the bankruptcy property, then in the process must follow certain terms and procedures so declared bankrupt based on a judge's decision. Due to the verdict of bankruptcy statement against the debtor will become a foothold of the next problem that is about how the creditors get their rights from the debtor bankruptcy and who will take care of the division of bankrupt debtors. Against this statement, Article 70 of Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Obligation for Payment of Debts stipulates that the entitled to do belongs to The Orphans Chamber or other Curators. Closing up bankruptcy belongs to the end of the bankruptcy process. In this writing can be known about the main role in the management and ordering of bankrupt property carried out by the Curators / The Orphans Chamber
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Bolotov, Maksim Viktorovich. "The problems of fulfilling the obligations of a bankrupt debtor by a third party within the framework of personal bankruptcy procedure." Право и политика, no. 9 (September 2020): 56–64. http://dx.doi.org/10.7256/2454-0706.2020.9.33880.
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This article is dedicated to the problem of fulfillment of obligations of a bankrupt debtor by a third party within the framework of personal bankruptcy procedure and the possibility of application of rules set for legal entity debtors. Research is conducted on the need to maintain not only certain sequence of actions of the third party, arbitration administrator and the court, but also the question of proof of origin of funds. Each year brings a growing number of personal bankruptcy cases, prompting the growing need for application of norms on fulfillment of obligations of a debtor by a third party. Within the framework of personal bankruptcy institution there are no such norms, while the law enforcement practice demonstrates a need for norms on fulfillment of obligations of debtors by third parties in the context of the procedure of debt restructuring and liquidation of property. The rules established by the Articles 113 and 125 of the Bankruptcy Law can be applied in resolution of the question of repayment of personal debts by a third party. At the same time, in addition to adherence to the formal order of repayment requirements, it is necessary to examine the question of the source of funds received by the third party.
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Vidal, Lorenzo. "The politics of creditor–debtor relations and mortgage payment strikes: The case of the Uruguayan Federation of Mutual-Aid Housing Cooperatives." Environment and Planning A: Economy and Space 50, no. 6 (May 6, 2018): 1189–208. http://dx.doi.org/10.1177/0308518x18775107.
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Mortgage debt and concomitant forms of financial expropriation continue their largely uncontested expansion across the social terrain. The atomisation of debtors and commodity fetishism are two key factors that underpin this process. The collective and partially de-commodified character of mutual-aid housing cooperatives in Uruguay and their conflict-ridden mortgage debt relations provide a contrasting, reverse mirror image. This paper analyses how in the case of a collective debtor, the spatial fixity and temporal uncertainties that result from the establishment of mortgage debt relations can work against the creditor. Housing cooperatives make up a geography of spaces that are opaque to the creditor, in the sense that mortgage debtors cannot be individually identified and pursued. Once homes are constructed and inhabited, the creditor’s debt claims can be collectively challenged. In the context of the most recent mortgage payment strike (2001–2011) carried out by the Uruguayan Federation of Mutual-Aid Housing Cooperatives, what is presumed a voluntary contract between equal parties is revealed as a power struggle between owners and non-owners of capital. This atypical case provides an opportunity to empirically attest to the political nature of creditor–debtor relations, often rendered socially invisible due to the extreme power imbalance between counterparties.
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Beshtoyev, M. I. "MOVE FROM REPRESSION TO PROTECTION OF DEBTOR, FROM PUNISHMENT TO REHABILITATION." Strategic decisions and risk management, no. 5 (December 29, 2015): 62–75. http://dx.doi.org/10.17747/2078-8886-2015-5-62-75.
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This article considers features of bankruptcy regime of Russia, whether it is pro-debtor or pro-creditor. It also considers common factors that have an impact on implementation of Russian legislation in the field of insolvency (bankruptcy). The article explores possible ways of reform of the legislation to provide more complete balance of interests in the bankruptcy cases and prevent the liquidation of potentially solvent debtors that are suffering temporary financial distress.
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Yani Kosali, Ahmad. "Improving The Object Of Fiduciary Guarantee According To Law Number 42 Of 1999 On Fiduciary Guarantee." Journal of Sustainable Development Science 2, no. 1 (June 1, 2020): 30–39. http://dx.doi.org/10.46650/jsds.2.1.901.30-39.
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Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.
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Salim, Umar Hi. "ANALISIS PERAN PT. BANK MANDIRI (PERSERO) TBK. UNIT MANDIRI MITRA USAHA DALAM PEMBERIAN KREDIT USAHA RAKYAT PADA USAHA MIKRO DI SAMARINDA." Research Journal of Accounting and Business Management 2, no. 1 (June 26, 2018): 32. http://dx.doi.org/10.31293/rjabm.v2i1.3476.
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The purpose of this paper is to identify and analyze the implementation of Uhasa Rakyat Credit from PT. Bank Mandiri (Persero) Tbk. Mandiri Mitra Business Unit in developing micro and small business. Based on the research, the number of samples taken as many as 65 debtors with the amount of credit Rp 20.000.000, - up to Rp 50.000.000, - and indicators to develop small and micro businesses, the debtor (customers), namely; capability of initial capital owned, production activities (business) undertaken, sales turnover obtained, and net profit earned. The result shows that the difference between the average value before and after obtaining credit is 3.97 (12.60 - 8.63), this is quite big. The difference in the average value of this very large, then the debtor who before getting a loan as additional capital to develop business and increase income. The result of t test analysis for income difference for debtor before and after obtaining credit, where t value counted as -16,0145, while t value of table shows 2,000, it shows that t empirical (count) bigger when compared with t table or -16.0145> 2.000 which means there is a difference of income between the debtor after receiving credit assistance with the debtor who before getting credit assistance from PT. Bank Mandiri (Persero) Tbk. Thus, the proposed hypothesis can be proven and true, that there is a difference between the debtor who after receiving credit assistance with before getting credit assistance.
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SH., MH., Nurwati. "PROTECTION OF CREDITORS IN THE EXECUTION FIDUCIARY GUARANTEE KENDARAAN MOTOR CREDIT." DE RECHTSSTAAT 1, no. 1 (March 15, 2015): 62–75. http://dx.doi.org/10.30997/jhd.v1i1.418.
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ABSTRACTFiduciary security is legal security over on moving objects both tangible and intangible, and building or a house on the land belong to someone else, either registered or not, which cannot be burdened with mortgage rights that keep in control of the fiduciary as collateral of debt repayment. If debtor as Fiduciary giver to be insolvent, so the creditor is entitled to have the fiduciary mentioned. For repayment of the debtor and the creditor in this case is called the right separatists. There are many direct execution in banking practice about the object credit that are not perfect bound of guarantees or not through the insurance agency. Execution is doing by creditors, which debtor accompanied or not, or the object credit guarantees owner. Execution is done by regular sales or through creditor takeover. Protection of creditors interest doing by giving legal aspects of registration precedes rights while providing executorial title for the fiduciary receivers benefit, on the other hand, the registration arrangements for certain objects that are not listed cause haziness opportunities of law implementation if it isnot done by carefully and clearly. To protect creditors interests, at the time of the debtor defaults, so that creditors as apreferential rights receiver in debt collection and as legal evidence, so warehouse receipts guarantee that the debtor should be given the imposition of bail.Key: Execution, Fiduciary, Creditors, Debtors
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Dinata, Ari Wirya. "Lembaga Jaminan Fidusia: Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019." Nagari Law Review 3, no. 2 (April 28, 2020): 84. http://dx.doi.org/10.25077/nalrev.v.3.i.2.p.84-99.2020.
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Fiduciary is one of the guarantees where the debtor has the right to control and take advantage of the goods that are used as fiduciary security objects. Article 15 paragraphs (1), (2), and (3) of Law Number 42 Year 1999 concerning Fiduciary Guarantee regulates the execution mechanism for fiduciary security objects when the fiduciary giver (debtor) experiences breach of promise to the fiduciary recipient (creditor). So far, the execution mechanism for fiduciary security objects regulated in the Act creates legal uncertainty and harms the debtor's rights. Because it gives too much power to the creditor. The imbalance of power relations between debtors and creditors towards the handling of the problem of breach of contract actually causes an injustice in existing fiduciary institutions. The Constitutional Court, through decision number 18 / PUU-XVII / 2019, tries to return the fiduciary institution to the spirit of equilibrium relations between debtors, creditors, and fair fiduciary guarantees. After the decision of the Constitutional Court Number 18 / PUU-XVII / 2019. Has there been a harmonious power relationship between two legal subjects in fiduciary guarantees. This paper examines the pre and post fiduciary guarantee institutions of the Constitutional Court and analyzes the legal consequences that occur. This paper uses a type of juridical-normative research using primary data and primary, secondary and tertiary legal material. While the analysis method uses qualitative methods
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Saraswati, Mei Sita, Moch Abdul Mukid, and Abdul Hoyyi. "METODE GENERALIZED MEAN DISTANCE-BASED K-NEAREST NEIGHBOR CLASSIFIER (GMDKNN) UNTUK ANALISIS CREDIT SCORING CALON DEBITUR KREDIT TANPA AGUNAN (KTA)." Jurnal Gaussian 8, no. 1 (February 28, 2019): 149–60. http://dx.doi.org/10.14710/j.gauss.v8i1.26629.
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Unsecured Credit is one of the credit facilities provided by banks, where the prospective debtor can borrow some amount of fund from the bank without having to provide collateral. Credit scoring is a process that aims to assess the worthiness of credit applications and classify the credit applicants into prospective debtors whose the credit application is worthy to be accepted and prospective debtors whose the credit application should be rejected. One of the statistical methods that can be applied in examining the analysis of credit scoring is the Generalized Mean Distance-Based k-Nearest Neighbor (GMDKNN) classifier. Empirical study on this method uses 23,337 data of prospective debtor of unsecured credit in 2018, with the dependent variable being the credit scoring final decision and seven independent variables, i.e. age, child dependent, length of employment, age of the company, income, loan proposed, and duration of credit. Based on the feature selection test, all independent variables are significantly taking effect on the credit scoring final decision. The best classification model is obtained in the parameters k = 137 and p = -1 with the classification performance metrics represented by the values of APER = 0,2580, accuracy = 74,20%, sensitivity = 0,6083, specificity = 0,8393, AUC = 0,7238, and G-Mean = 0,7146.Keywords: Unsecured Credit, credit scoring, classification, Generalized Mean Distance-Based k-Nearest Neighbor (GMDKNN).
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Prajogo, Timotius William. "PENYALAHGUNAAN INSTRUMEN KEPAILITAN ATAU PKPU OLEH DEBITOR SETELAH MEMPEROLEH FASILITAS KREDIT DARI LEMBAGA KEUANGAN." JURNAL MEDIA HUKUM DAN PERADILAN 4, no. 2 (October 30, 2018): 183–98. http://dx.doi.org/10.29062/jmhp.v4i2.12.
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The 5C principles are important for creditors to give loan to debtors. However, nowadays especially collateral cannot be the guarantee for debtor’s debt if the debtor is breaching the contract, because many of the financial institutions are dare to take a risk by giving higher loan than its collateral’s worth. This condition can bring a risk if there were bankruptcy happened to debtor; therefore, it is not rare that there is clause in loan agreement to protect creditors, by not allowing debtor voluntary asked self-bankruptcy petition, although this kind of clause is contradicts with the nature of bankruptcy law. The concept in Law number 37 years 2004, categorize as simple to be granted by commercial court. Unfortunately, the bankruptcy’s instrument often misused by parties who have bad faith and also for the suspension of payment. Moreover, the creditors will get impact from the parties that have a bad faith. As the legal protection, it can do some legal efforts such: suspension of debt’s payment, lawsuit, cassation, judicial review and criminal indictment.