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1
Satar, Muhammad, and La Ode Ismail Ahmad. "Pawn (RAHN) In The Perspective Of The Hadith Of The Prophet Muhammad SAW." Economos : Jurnal Ekonomi dan Bisnis 5, no. 2 (August 29, 2022): 114–18. http://dx.doi.org/10.31850/economos.v5i2.1806.
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The life advocated and described in Islamic Law is to live by helping each other in various ways. In this regard, loans based on Islamic law provide certainty of benefits for its creditors. The term pawn transaction where in Islam is Rahn. A lien or Ar-Rahn is an agreement for the granting of property as collateral for what will be borrowed or in this case a debt that will be carried out as a guarantor when the creditor is unable to pay off the debt. Islam basically allows a lien transaction where a person obtains goods by paying them first and then agrees between the debtor and the creditor provided that the creditor or borrower must provide guarantees to the debtor. The guarantee or marhun and the value of its use used as a guarantor is a right for the borrower which is not allowed to be used by the guarantor. Instead, there must be permission from the debtor or borrower.
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Ratnasari, Desi, Muhammad Iqbal Fasa, and A. Kumedi Ja’far. "Pandangan Hukum Islam terhadap Status Muflis (Debitur Pailit) sebagai Gharimin (Mustahik Zakat)." Reslaj : Religion Education Social Laa Roiba Journal 4, no. 3 (January 15, 2022): 528–44. http://dx.doi.org/10.47467/reslaj.v4i3.807.
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The development of sharia economy in Indonesia is increasing. Islamic economic development can be seen from the development of Islamic financial institutions and the Islamic financial instruments they offer, ranging from Islamic banks, Islamic capital markets, and Islamic insurance. With these developments, nowadays financing activities with sharia contracts are increasing and growing rapidly. However, only a few can pay it off. In other words, non-performing financing or bad loans at Islamic financial institutions often occur. Non-performing financing caused by the inability of the customer as a debtor to pay debts to a financial institution as a creditor resulted in the customer being bankrupted by the financial institution as a creditor. Bankruptcy is defined as the inability of the debtor or debtor (can be a person, legal entity, company) which is proven based on a court decision that the debtor has stopped paying his debts (unable to pay off debts) which results in general confiscation of his assets, so that the debtor is no longer entitled to manage his assets. . If it is associated with zakat, one of the ashnaf of zakat is gharimin or people who are in debt. Zakat institutions in Indonesia have not made bankrupt customers as gharimin who are entitled to receive zakat. The formulation of the problem in this paper is to find out the views of Islamic law on the status of bankrupt debtors as gharimin. The conclusion is that the status of a bankrupt debtor can be determined as a gharimin who is entitled to receive zakat. The use of debt in question can be for personal or public interest. The distribution pattern can use the qardh hasan pattern where the zakat given to the gharimin is not to be owned but to be returned again. The zakat funds are not only used to pay off debts, they can also be used as initial capital for bankrupt debtors to restart their business.
Keywords: bankrupt debtor, gharimin, zakat mustahik.
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Abdullah, Apnizan. "Is Garnishee Proceeding Feasible on Islamic Banking Deposits and Investment Accounts in Malaysia?" ICR Journal 6, no. 4 (October 15, 2015): 580–83. http://dx.doi.org/10.52282/icr.v6i4.306.
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It is common in loans or debts recovery action that once a creditor obtains a judgment from the court of law against his debtor, he will eventually proceed to enforce it. Fundamentally, there are several methods of enforcement of the judgment available to the judgment creditor, inter alia writ of execution which includes writ of seizure and sale, writ of possession and writ of delivery, judgment debtor summons, stop orders, appointment of receiver and committal. Another prevailing mode of the enforcement of judgment in the market is garnishee proceeding. Procedurally, a garnishee proceeding is initiated by a judgment creditor by way of applying to the court for an order to be issued on a person who is indebted to the judgment debtor (a garnishee) to satisfy the amount judgment sum or a sum of an order of payment issued by the court against the judgment debtor.
4
Yuswalina, Yuswalina. "HAK TENAGA KERJA DALAM PROSES KEPAILITAN PERSPEKTIF HUKUM Islam (Studi Analisis Undang-Undang N0. 13 Tahun 2003 Tentang Ketenagakerjaan)." JURISDICTIE 8, no. 2 (February 26, 2018): 215. http://dx.doi.org/10.18860/j.v8i2.4451.
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<p>Bankruptcy has effect for all creditors, labor is no exception. settlement of property the debtor to the creditor in the event of the debtor is declared bankrupt will depend largely on the position of the creditors. The position of labor creditor’s preferred placed as having special privileges, which will get the first in bankruptcy. However, the property the debtor in bankruptcy is sometimes not enough to pay off all his debts bills including salaries and severance to labor as a preferred creditor. Therefore the author will examine these issues by formulating two problems namely: How the completion of labor rights in the process of bankruptcy according to law No. 13 of 2003 On Labor and How do the views of Islamic law on the settlement of the labor rights in the process of bankruptcy. The conclusions is in compliance because Islamic law already gives privileges in the fulfillment of their rights. but still need to revise several sections to make the provisions of the law in the Undangg more robust in protecting labor rights in the process of bankruptcy and the Government should establish a policy to provide concrete guarantees and protection of the rights of labour or labour in the event of bankruptcy.</p><p><br />Kepailitan berlaku bagi semua kreditur, tenaga kerja tidak terkecuali. penyelesaian harta benda debitur kepada kreditur dalam hal debitur dinyatakan pailit akan sangat tergantung pada posisi kreditor. Posisi kreditur tenaga kerja harus ditempatkan sebagai kreditur yang memiliki hak istimewa, yang akan di utamakan dalam kepailitan. Namun, aset debitur dalam kepailitan terkadang tidak cukup untuk melunasi seluruh tagihan hutangnya termasuk gaji dan pesangon terhadap tenaga kerja sebagai kreditur pilihan. Oleh karena itu penulis akan meneliti masalah ini dengan merumuskan dua masalah yaitu: Bagaimana penyelesaian hak-hak buruh dalam proses kepailitan menurut undang-undang No. 13 tahun 2003 Tentang Ketenagakerjaan dan Bagaimana pandangan hukum Islam tentang penyelesaian hak-hak buruh di proses kepailitan menurut UU No. 13 Tahun 2003 tentang Ketenagakerjaan. Kesimpulan dari penelitian ini dalam undang-undang umum No. 13 tahun 2003 tentang Ketenagakerjaan sudah sesuai karena hukum Islam telah memberikan hak istimewa dalam pemenuhan hak-hak mereka. Namun masih perlu merevisi beberapa bagian untuk membuat ketentuan undang-undang di Undangg lebih kuat dalam melindungi hak-hak buruh dalam proses kepailitan dan Pemerintah harus menetapkan kebijakan untuk memberikan jaminan dan perlindungan konkret hak-hak buruh atau tenaga kerja di bidang peristiwa kepailitan.</p>
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Faaza, Naufal Muhammad, and Abdullah Kelib. "Akibat Hukum Atas Hilangnya Jaminan Fidusia Dalam Hukum Positif dan Hukum Islam." Notarius 16, no. 1 (June 30, 2021): 571–86. http://dx.doi.org/10.14710/nts.v16i1.37880.
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AbstractAnalysis of positive law and Islamic law due to collateral that is the object of fiduciary security that occurs when the death occurs, discusses what the debtor and creditor obligations are. This type of juridical normative article looks at the rules, because this article conceptualizes law as what is written in the regulations in both positive law and Islamic law. The specification of this article is descriptive analytical. The type of data used in this article is secondary data. When the collateral is guaranteed, the agreement is canceled with the creditor and debtor, but not the insurance claim that was agreed upon beforehand so that the item is lost, the insurance company will replace the item. In Islamic law, people who hold goods must be responsible for the risk of damage or loss.Keywords: fiduciary guarantee; positive law; islamic lawAbstrakAnalisis hukum positif dan hukum Islam akibat barang agunan yang menjadi objek jaminan fidusia apabila terjadi kehilangan, membahas menganai apa kewajiban debitur dan kreditur. Jenis artikel yuridis normatif dengan melihat aturan-aturan, sebab artikel ini hendak memberi konsep sebuah hukum sebagai apa yang telah tertulis dan dijelaskan dalam peraturan baik dalam hukum positif dan hukum Islam. Spesifikasi artikel ini deskriptif analitis. Untuk jenis data yang digunakan dalam artikel ini adalah data sekunder. Ketika hilangnya barang jaminan, maka perikatan hapus bersama kreditur dan debitur, namun tidak menghapus klaim asuransi yang telah diperjanjikan sebelumnya sehingga barang tersebut hilang, maka pihak asuransi akan mengganti barang tersebut. Dalam hukum Islam orang yang memegang barang harus bertanggung jawab atas terjadinya resiko rusak atau kehilangan.Kata kunci: jaminan fidusia; hukum positif; hukum islam
6
Rahman, Arief, and Danang Wahyu Muhammad. "Legal Review of the Execution of Movable Objects Based on Fiduciary Guarantees Against Default Debtors from the Perspective of Islamic Law." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 21, no. 2 (December 31, 2021): 259–70. http://dx.doi.org/10.30631/alrisalah.v21i2.799.
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The institutions involved in fiduciary guarantee services are constantly and continuously developing due to the increasing and evolving needs of the surrounding community. This directly impacts the people defaulting on their fiduciary guarantees or unable to repay their debts. In this case, debt transfers are often observed, requiring a down payment or guarantee money for the first one or two months. Debtors also commonly struggle to make subsequent payments, as they prioritize new goods or other secondary needs. This leads to defaults on transactions initiated by the debtor, ultimately causing harm to the creditor institution in terms of transferring fiduciary guarantee objects. Therefore, this study aims to compare the regulation of fiduciary guarantee objects transfer from the perspective of Islamic law. In this case, a qualitative research approach was employed by conducting a normative juridical analysis. A comparison was also carried out between the doctrines of formal and Islamic law within the local community. The results obtained are expected to minimize instances of default by debtors and protect the interests of creditors when transferring the objects of fiduciary guarantees in the future.
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Yuliono, Deni, Hadi Sunaryo, and Pardiman Pardiman. "Analysis of Rahn Law an Islamic Economic Perspective." Jurnal Ilmiah Ekonomi Islam 9, no. 2 (July 21, 2023): 2515. http://dx.doi.org/10.29040/jiei.v9i2.9663.
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The development of the Islamic financial system gave rise to Islamic financial institutions, one of whose products is pawnshops. Pawnshops in sharia are known as Rahn which means pawn. Rahn or Pawn is a binding agreement between the creditor and the debtor in a loan and loan transaction by placing collateral on the debt. The purpose of this article is for the Analysis of the Implementation of rahn Law (pawn) in an islamic economic perspective. The method used using a skinative model with an Islamic economic approach and the analysis used is descriptive analysis. The study results show that rahn is allowed in Islamic teachings, its development has also become increasingly prevalent. Rahn is used as an economic support for people in need. The rahn law has also been allowed by islamic clerics and fatwas. However, its activities must be by the conditions, harmony and applicable policies.
8
Cattelan, Valentino. "Property (Māl) and Credit Relations in Islamic Law: An Explanation of Dayn and the Function of Legal Personality (Dhimma)." Arab Law Quarterly 27, no. 2 (2013): 189–202. http://dx.doi.org/10.1163/15730255-12341255.
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Abstract This article deals with the notion of property (māl) and the conceptualization of credit relations in Islamic law by investigating the dyad ʿayn/dayn and highlighting the functional linkage between dayn (debt/credit) and dhimma (legal personality). More precisely, in accordance with the elaboration of classical scholars, the work illustrates the notion of dayn, not in terms of obligation but as a property already owned by the creditor, while subsisting over the dhimma of the debtor: i.e., a property-in-the-future guaranteed by this dhimma. Differences from the Western notion of obligation, as well as peculiarities of Islamic contract law, are subsequently outlined.
9
Sherhan, Sherhan, Pagar Pagar, and Mustapa Khamal Rokan. "Execution of fiduciary guarantee in Sharia Banking after the court's decision number 18/PUU-XVII/2019." JPPI (Jurnal Penelitian Pendidikan Indonesia) 8, no. 3 (September 30, 2022): 530. http://dx.doi.org/10.29210/020222047.
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Execution of a fiduciary guarantee is a transfer of control of an object of collateral based on agreed terms as a return of the loan value. Based on Law Number 42 of 1999, Islamic banks as holders of fiduciary guarantee certificates have the right to execute the actions of debtors who have breached their promises through the implementation of executive titles, auction sales and underhand sales. Constitutional Court Decision No. 18/2019 had a positive impact on various interested parties directly and indirectly. Thus creating a fair legal relationship between the creditor (fiduciary recipient) and the debtor (fiduciary giver). Execution conflicts over fiduciary guarantees arise due to debtors objecting to executions carried out without prior agreement, either in the form of notification or decision from the court. This research is juridical normative with a discussion of the conditions when the executive title cannot be carried out directly unless there is a decision on execution from the court. The results of this study indicate that the Constitutional Court Decision No. 18/2019 provides a new interpretation of several phrases in Article 15 and their explanations in the Fiduciary Law. The fiduciary recipient can execute if there is an agreement with the debtor.
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Arifah, Risma Nur, and Arman Safril Adam. "Legal Protection of Concurrent Creditors for The Debts That are not Guaranteed by Property Rights According to Bankruptcy Law and Islamic Law." AT-TURAS: Jurnal Studi Keislaman 9, no. 1 (June 30, 2022): 1–19. http://dx.doi.org/10.33650/at-turas.v9i1.3398.
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Bankruptcy is a condition where the debtor is unable to fulfill his obligations to pay debts to creditors. Revision of Law Number 4 of 1998 became Law Number. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations explains that concurrent creditors are creditors who do not hold collateral and who do not have special rights and whose claims are not recognized or recognized conditionally, of course, this causes the position of concurrent creditors to be very vulnerable to getting their rights back on the debt of the bankrupt debtor. This research is normative research using a statutory approach and a conceptual approach, where in this study the researcher examined the regulations on bankruptcy through the Act and analyzes the concept of legal protection for concurrent creditors. The results of the study showed that, first, Law Number 37 of 2004 concerning Bankruptcy and PKPU (Postponement of Debt Payment Obligations) explains that concurrent creditors are conditional creditors and do not have special rights, their position in paying off debtors' debts from the remaining proceeds from the settlement or auction of bankrupt assets. Second, Islamic law stipulates that the guaranteed of legal protection for creditors is to fulfill debt obligations as regulated in Surah al Baqarah verse 282 based on the principle of al ‘adalah.
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Jadalhaq, Iyad Mohammad. "Expiration of the Deadline in Civil Transactions: Comparing Omani and Egyptian Civil Codes in the Light of Islamic Law." Al-Jami'ah: Journal of Islamic Studies 53, no. 2 (December 10, 2015): 469. http://dx.doi.org/10.14421/ajis.2015.532.469-503.
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This research deals with the case in which the creditor claim the loan after the expiration date. It seeks to compare between the Civil Transactions Code of Oman and the Egyptian Civil Code. The paper argues that the Civil Transactions Code of Oman is influenced by the Islamic legal thought; while the Egyptian is influenced more by the Latin legal thought. The Islamic influnce in Oman can be seen at the provision that allows the legal process after the expiration date. The creditor may bring his case to the court to sue the debtor. While the Latin influnce in Egypt can be found on the rule that does not allow the legal process after the expiration date. The creditor loses his right when he does not claim the debt during the agreed period.[Penelitian ini berkaitan dengan masa kedaluwarsa bagi kreditor untuk mengklaim kredit dari debitur. Hukum Perdata Oman yang dipengaruhi oleh hukum fikih menetapkan bahwa dalam kasus ini, gugatan tidak dapat diterima dan debitur diizinkan untuk menolak gugatan terhadap dirinya oleh kreditur ketika gugatan tersebut diajukan setelah berakhirnya jangka waktu klaim. Sementara itu, Hukum Perdata Mesir yang dipengaruhi pemikirn hukum Latin, mengambil prinsip pembatasan dan pengguguran kewajiban jika kreditur tidak menagih pinjamannya dalam jangka waktu tertentu. Berdasarkan data tersebut, jelas bahwa dua undang-undang ini berbeda dalam mengatur waktu kedaluwarsanya suatu kasus hukum. Hukum yang pertama memberikan hak kepada debitur untuk menuntut bahwa pengadilan tidak perlu menerima gugatan kasus ini karena telah kedaluwarsa. Sementara itu, hukum kedua memungkinkan debitur untuk mematuhi jatuhnya hak klaim karena berakhirnya waktu dan ini bertentangan dengan prinsip hukum Islam, yang mengatur tidak adanya hak yang gugur tanpa peduli berapa lama waktunya, tetapi hanya membatasi kasus ini pada tidak perlunya menerima gugatan hak yang pemilik klaim dalam jangka waktu yang lama. Penelitian ini menyimpulkan bahwa sistem yang berasal dari hukum Islam lebih baik dari sistem yang berasal dari yurisprudensi Latin dan bahwa legislator pemerintah Oman tidak mengambil semua aturan dari para ahli hukum Islam.]
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Muneeza, Aishath, and Zakariya Mustapha. "Practical application of Kafalah in Islamic banking in Malaysia." PSU Research Review 4, no. 3 (February 21, 2020): 173–87. http://dx.doi.org/10.1108/prr-01-2019-0001.
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Purpose The purpose of this paper is to explore the application of Kafalah in the practice of Islamic banking in Malaysia generally and ascertain applicable rules governing the application under relevant legislations and Shariah. The study also aims to examine the legislations in the light of Shariah provisions governing Kafalah and propose amendments. Design/methodology/approach This is a qualitative research where primary data sources mainly legislations and secondary sources comprising of articles and books on the subject of Kafalah were examined. It is an exploratory legal research that primarily focuses on library studies and adopts doctrinal approach for content analysis of data from the identified sources. Findings Kafalah is widely used in Islamic banking in Malaysia with primary or secondary application in structuring such products/services as personal guarantee, bank guarantee, Islamic credit card among others. The substantive law applicable to Kafalah in Islamic banking in Malaysia is the Contracts Act 1950 as decided cases indicate. However, provisions of the Act are at variance with rules of Shariah applicable to Kafalah on absolution of guaranteed debtor, multiple guarantors’ liability towards guaranteed sum as well as recourse and recovery from principal debtor. Research limitations/implications This research explored the practice of Kafalah in Islamic banking under Malaysian legal framework based on the available literature. The research does not embody an empirical evaluation. Originality/value This research suggests, with respect to the identified issues, an amendment to the Act for clarification as follows: that recourse and recovery from principal debtor is only where creditor has requested guarantor to settle outstanding debt, that presence of surety does not absolve principal debtor from his original liability and that multiple guarantors stand as having equal responsibility towards guaranteed amount. The research findings will assist policy and law makers to harmonize the relevant laws with the Shariah to facilitate sustainable development of Islamic banking.
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Permana, Iva Latifah. "Implikasi Yuridis Agunan Yang Diambil Alih Oleh Perbankan Syariah Dalam Akad Murabahah." Jurnal Officium Notarium 2, no. 2 (July 1, 2022): 277–85. http://dx.doi.org/10.20885/jon.vol2.iss2.art9.
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To minimize the risk of problematic financing by the debtor, Islamic banks require collateral/guarantee in murabahah financing. Land rights are usually used as collateral objects which will then be burdened with Mortgage Rights. When the debtor defaults or defaults, Islamic banks can execute collateral against the collateral. One alternative for solving problem financing is through the Foreclosed Collateral (AYDA) process. This is a normative juridical research with the type of library research. The results of this study conclude that the settlement of troubled financing through Foreclosed Collateral (AYDA) if carried out under Article 12 A of the Banking Law, this has violated the provisions of Article 12 of the Mortgage Law where the object of collateral/guarantee is not to be owned by the creditor, in in terms of the agreement made at the beginning between the sharia bank and the customer, in the implementation of the AYDA there has been a transfer of rights, the implications for the agreement in the murabahah contract are deleted or cancelled.
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Febrian, Imelda Septy, and Hanafi Tanawijaya. "TINJAUAN HUKUM PERJANJIAN YANG TELAH DALUWARSA TERHADAP UTANG-PIUTANG YANG DILAKUKAN DI BAWAH TANGAN BERDASARKAN HUKUM POSITF DI INDONESIA(Contoh Kasus Putusan Pengadilan Negeri Jakarta Pusat Nomor 538/Pdt.G/2014/PN.JKT.PST)." Jurnal Hukum Adigama 1, no. 2 (January 29, 2019): 646. http://dx.doi.org/10.24912/adigama.v1i2.2878.
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In practice, borrowing money is one of the means to get funds needed by humans. However, with the development of the era of borrowing and borrowing, there must be strong evidence to prove that there has been a loan lending event. in practice the agreement is carried out either in writing or by word of mouth or written under the hand, in accordance with the demand for it must be made in the presence of good faith and legal certainty. In making an agreement usually given a predetermined period of time based on the agreement of the parties. And if the agreement has expired the time period has been set then in the agreement the debt is past its term. But in this case the agreement was expired and the creditor had only collected the debt to the debtor for 34 years. What if the creditor collects the debt that has passed this time and in the Islamic law the debt must be paid even though the person who has the debt has died. The author examines this problem by using normative legal research methods supported by interviews with people who are experts in the field of Islamic law and law. In this agreement, it can cause losses to the creditor. As a result, in Article 1362 of the Civil Code, it is said that if a default occurs, there is a compensation.
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Miftah Idris. "PERJANJIAN KREDIT KONVENSIONAL DAN AKAD PEMBIAYAAN SYARIAH DALAM SISTEM PERBANKAN." Madani Legal Review 1, no. 1 (June 15, 2017): 29–51. http://dx.doi.org/10.31850/malrev.v1i1.27.
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In distribution of fund, the system adopted by conventional banking and Islamic banking is almost the same in distributing the fund with the provision of credit and of financing by banks to their customers. There is specifically legal basis of contract (aqad) that distinguishes where conventional banking is based on the contract law in Burgerlijk Wetboek and Islamic banking is based on aqad law stipulated in Islamic Sharia (Islamic Law). Problems studied in this research is how the credit contract in the conventional banking and how aqad financing in islamic banking are actually. To know the problem, it will be used descriptive study using secondary data as the data source of this research and then analyzed qualitatively. Thus concluded that the credit contract is a beginning process between the creditor and debtor which are applied in the conventional banking system in its efforts to develop funds collected and also to utilize the funds with the best. But Islamic banking financing adheresses to the profit and loss sharing system that has a unity concept in facing of risk and benefit and also existed justice in bussiness is the basic principle of Islamic banking system.
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Arifah, Risma Nur, and Dwi Fidhayanti. "LEGAL POSITION OF FIDUCIARY DEEDS IN A MURABAHA CONTRACT FOLLOWING THE INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 18/PUU-XVII/2019 ON DEFAULT AGREEMENT BY CREDITORS AND DEBTORS." JURISDICTIE 12, no. 2 (January 11, 2022): 211–27. http://dx.doi.org/10.18860/j.v12i2.12570.
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This normative research aims at analyzing the legal position of fiduciary deeds in murabaha contract following the decision of Indonesian Constitutional Court No. 18/PUU-XVII/2019 on default agreement between creditors and debtors. The study applied conceptual and statute approaches. The results reveal that the fiduciary deed position after the mentioned decision is about the existing agreement carried out as it should. While for the fiduciary deed implemented after the decision exists, there must be a default agreement as a form of the decision’s implementation and anticipation if in the future the debtor does not voluntarily turn in the fiduciary object. Efforts to draw up an agreement on the clause of default in a fiduciary deed with murabaha financing in Islamic banking is part of preventive legal protection. Legal protection is an effort made by law enforcement to protect the rights of legal subjects. Default may not be declared unilaterally by the creditor. Execution of court decisions that have legal force must still be carried out, if at the beginning, there is no agreement regarding a breach of contract and when there is a default but the debtor refused to voluntarily submit the collateral.Penelitian ini merupakan penelitian hukum normatif dengan tujuan untuk menganalisis kedudukan hukum fidusia dalam akad murabahah pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor 18/PUU-XVII/2019 tentang wanprestasi antara kreditur dan debitur. Penelitian ini menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa kedudukan akta fidusia setelah putusan tersebut tentang perjanjian yang ada dilaksanakan sebagaimana mestinya. Selanjutnya, untuk akta fidusia yang dilaksanakan setelah putusan ada, harus ada kesepakatan wanprestasi sebagai bentuk pelaksanaan putusan dan antisipasi jika di kemudian hari debitur tidak menyerahkan benda fidusia secara sukarela. Upaya penyusunan kesepakatan klausula wanprestasi dalam akta fidusia dengan pembiayaan murabahah di perbankan syariah merupakan bagian dari perlindungan hukum preventif. Perlindungan hukum merupakan upaya yang dilakukan oleh penegak hukum untuk melindungi hak-hak subyek hukum. Wanprestasi tidak dapat dinyatakan secara sepihak oleh kreditur. Eksekusi putusan pengadilan yang telah berkekuatan hukum tetap harus dilaksanakan apabila belum ada kesepakatan mengenai wanprestasi di awal. Hal ini juga berlaku apabila terjadi wanprestasi, tetapi debitur menolak untuk menyerahkan agunan secara sukarela.
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Widodo, Syifa Esthiningtyas Putri, and Dyah Setyorini. "EKSEKUSI HAK TANGGUNGAN DI BANK SYARIAH (STUDI KASUS PUTUSAN NOMOR 5530/PDT.G/2017/PA.BADG)." Reformasi Hukum Trisakti 4, no. 4 (November 9, 2022): 908–19. http://dx.doi.org/10.25105/refor.v4i6.15022.
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The Mortgage Law and Objects Related to Land, namely Law Number 4 of 1996, (hereinafter reffered as the Mortgage Law) states that there are three ways if the debtor breaks a promise (wanprestasi) and the creditor can carry out the execution of the Mortgage object. The three methods consist of Parate Execution as stated in the Mortgage Law Article 6, Executorial Title as stated in the Mortgage Law Article 14 paragraphs (2) and (3), as well as Underhand Execution. Execution of Mortgage carried out by Islamic Banks in the Study of Decision Number 5530/Pdt.G/2017/PA.Badg remains subject to the Mortgage Law and the auction process which is carried out on the basis of Minister of Finance Regulation Number 27/PMK.06/2016 concerning The Instructions for Auction has been amended by The Minister of Finance Regulation Number 213/PMK.06/2020 concerning Instructions for Auction Implementation. The judge's considerations in adjudicating the Decision Number 5530/Pdt.G/2017/PA.Badg case are in accordance with the Mortgage Law, especially in Article 6 with the creditor still having the right to carry out execution through auction according to Minister of Finance Regulation Number 27/PMK. 06/2016 which has now been amended by Minister of Finance Regulation Number 213/PMK.06/2020.
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Marwadi, Mughni Labib, and Muhajir. "Prototype of Fiduciary Guarantee in Islamic Law." Shar-E : Jurnal Kajian Ekonomi Hukum Syariah 10, no. 2 (July 2, 2024): 133–44. http://dx.doi.org/10.37567/shar-e.v10i2.2894.
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Fiduciary guarantees are material guarantees, which at first glance have similarities to pledge guarantees in Islamic law. This research will attempt to answer three main problems, what is the prototype of fiduciary guarantees in the thinking of scholars from the four schools of jurisprudence? What are the reasons and arguments put forward by these scholars regarding the four crucial factors related to fiduciary? Whose opinion is closer to fiduciary guarantees in Indonesia? The research results conclude that the prototype of fiduciary guarantees in Islamic economics already exists. This prototype can be seen from four crucial factors in the practice of fiduciary guarantees, namely the handover of collateral objects, control of collateral objects, use of collateral objects by the debtor and the creditor's rights if the debtor defaults when projected into the collateral. Of the four factors of fiduciary guarantees, the majority of ulama, namely Hanafiyah, Malikiyah, Syafi'iyah and Hanabilah, have the same opinion. They only differ regarding the execution of collateral if the debtor defaults. The reason they developed in relation to the four crucial factors in fiduciary guarantees is that the handover of marhun is an absolute characteristic of the existence of a rahn contract. While in control of the collateral or marhun, seeing that the marhun is rahin's property and then the control rights are transferred to the murtahin, rahin will be able to borrow the original marhun with the murtahin's permission. Including when borrowing marhun from the murtahin's custody rights, the rahin can also use the marhun with the murtahin's permission. In connection with the crucial factors that exist in the practice of fiduciary guarantees, it is the opinion of Syafi'iyah scholars that is closest to fiduciary guarantees.
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Ilmih, Andi Aina, Kami Hartono, and Ida Musofiana. "THE FINANCING RESTRUCTURING LEGAL ANALYSIS FOR DEBTORS AFFECTED BY COVID-19 IN SHARIA MULTIFINANCE INSTITUTIONS." Jurnal Pembaharuan Hukum 8, no. 2 (July 17, 2021): 172. http://dx.doi.org/10.26532/jph.v8i2.16064.
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This study focuses on problematic financing by debtors affected by Covid-19 at Islamic multi-finance institutions in Semarang City, with the aim of finding the reality of the form of problematic financing experienced by debtors during the Covid-19 Pandemic. This study uses an empirical juridical approach, data analysis using descriptive-analysis methods. Based on the research that has been done, the regulation of the Financing Restructuring Law is guided by POJK Number 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of Coronavirus Disease 2019 which regulates asset determination, financing restructuring and provision of new funds. The impact arising from the existence of a financing restructuring policy for debtors affected by Covid-19 can be viewed from the following aspects: (1)Juridical Aspect, meaning that there are no sanctions for the financing institution as a creditor if it does not follow or apply, only based on the willingness of the creditor; (2) Economic Aspect, can help debtors to recover and stabilize the economy so that they can fulfill promises (achievements) to creditors; and for creditors the impact on financial activities or transactions that occurred during the Covid-19 pandemic can still be stable; (3)Psychological Aspects, meaning that one side fosters a strong mentality and confidence for creditors/financing customers to fulfill their obligations, and on the other hand, the existence of the presence of financial institutions is maintained in the future.
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Della, Agnis Nova. "Executorial Power on Certificate of Liability Based on Credit Agreement." Sultan Agung Notary Law Review 3, no. 3 (August 12, 2021): 727. http://dx.doi.org/10.30659/sanlar.3.3.727-740.
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The Mortgage Certificate has executorial power in the credit agreement at Bank Mandiri of Semarang City and to identify and examine obstacles in the execution and solutions. This theoretical framework is using the theory of Progressive Theory, Theory of Law Enforcement, Theory of Islamic Justice. The research method was used to obtain data in this study, using an empirical juridical approach, with descriptive analysis research specifications. The results of this study are: (1) The executive power possessed by the Mortgage Certificate is the same as the court's decision which has permanent legal force, this is because the Mortgage Certificate has included an title which reads " For Justice Based On The Almighty God" (2) Obstacles and solutions found in the execution process of mortgage rights at Bank Mandiri of Semarang City include resistance from the executed parties through civil lawsuits, through reporting to the police, through debt acknowledgment deeds, and time mobilization to defend the object of the auction /object of mortgage. (3) The position of the Debtor and Creditor in the Execution of SHT in the credit agreement at the Semarang City of Bank Mandiri, in the Civil Code Article 1320 requires 4 conditions in the agreement.
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Suryandari, Wieke Dewi. "The Application of Fiduciary Guarantee in the Perspective of Islamic Law." Jurnal Daulat Hukum 4, no. 4 (November 24, 2021): 260. http://dx.doi.org/10.30659/jdh.v4i4.17952.
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The development of economic activity in the world has an impact on the development of people's quality of life, thus increasing the need for funding to meet these needs. In addition, the majority of Indonesian people who are Muslim automatically bring Islamic law into their daily life in various fields, including in economic activities. Fiduciary guarantees are possible in a murabahah contract if the financing company acts as a seller (trader) who sells goods on credit to consumers, so not as a provider of funds that owes to consumers. Fund-raising activities to support business activities in the community are closely related to credit matters, the consequence is the need for a guarantee or known as fiduciary. Fiduciary guarantees are conventional products that are set to provide protection for creditors, especially if the debtor defaults. Fiduciary guarantees, which cannot be fully applied to all financial institution systems in Indonesia, need to be studied several times, especially in the view of the Islamic religion that uses the sharia financial system. The focus of the study that is used as the formulation of the problem is What is the current position of the application of fiduciary guarantees in Indonesia? and how to apply fiduciary guarantee according to the perspective of Islamic law?. The results of the study show that the practice of implementing fiduciary in Indonesia has a very important position and must be fulfilled by financing service providers. Meanwhile, according to the Islamic view, there is no fiduciary guarantee in the aspects of Islamic law but the matter of guarantees can be equated with rahn. Thus, in Islamic Financial Institutions guided by rahn as a guarantee system for lending and borrowing activities in accordance with Islamic law, this is based on the word of Allah QS. Al-Baqarah verse 283 and Act No. 21 of 2008 concerning Islamic Banking.
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Triana, Nita. "Execution of Security Rights in Islamic Banking at The Religious Court of Purbalingga." International Conference of Moslem Society 1 (October 24, 2016): 287–97. http://dx.doi.org/10.24090/icms.2016.2413.
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This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in the Purbalingga Religious Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the Structure of Purbalingga Religious Court carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.
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Triana, Nita. "Execution of Security Rights in Islamic Banking at the Religious Court of Purbalingga." International Conference of Moslem Society 2 (April 23, 2018): 51–61. http://dx.doi.org/10.24090/icms.2018.1906.
Full textAbstract:
This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in the Purbalingga Religious Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the Structure of Purbalingga Religious Court carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.
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Dzulhijjah, Liza, Fahmi Fatwa Rosyadi Satria Hamdani, and Asep Hakim Zakiran. "PANDEMI COVID-19 SEBAGAI UPAYA PENCEGAHAN KEPAILITAN DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM." Tahkim (Jurnal Peradaban dan Hukum Islam) 4, no. 2 (November 3, 2021): 1–22. http://dx.doi.org/10.29313/tahkim.v4i2.8426.
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Experts argue that Covid-19 can be categorized as an overmacht so it can be used as a basis for business actors to renegotiate regarding delays in paying their debts to creditors. However, the policies and circumstances mentioned above are not positively proportional to the high number of companies filed for bankruptcy in the Commercial Court during the pandemic. This raises its own problems which on the one hand Covid-19 can be used as a reason for delaying debt payments, but on the other hand it does not prevent the filing of a bankruptcy application for a corporate entity. The purpose of this study is to identify and analyze Covid-19 as an overmacht in a debt agreement as an effort to prevent bankruptcy from the perspective of positive law and Islamic law. This study uses a qualitative research method with a normative juridical approach in which researchers examine theories, concepts, or legal principles related to overmacht in bankruptcy. The results of this study indicate that the overmacht caused by the Covid-19 pandemic and the implementation of Government policies related to the Covid-19 response cannot prevent debtor bankruptcy from both a positive legal perspective and Islamic law. This is closely related to the bankruptcy requirements both in the KPKPU Law and the opinion of the majority of ulama.Keywords: Covid-19, Overmacht, Bankruptcy.
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Pahsyah, Hijratul, Sri Endah, and Anis Mashdurohatun. "Reconstruction of Bankruptcy Regulations and Suspension of Debt Payment Obligations Based on Islamic Legal Values." Journal of Social Research 2, no. 5 (April 19, 2023): 1583–90. http://dx.doi.org/10.55324/josr.v2i5.859.
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The background of this research is that as it happens in the business world, the need for funds is a basic need that must be met by business actors, to overcome the problem of funding needs, capital loans are the solution. The problem that arises is if within the specified time the debtor is unable to pay it. The purpose of this study is to malign and find that bankruptcy regulations and PKPU have not been based on Islamic justice values, analyze and find weaknesses in current bankruptcy regulations and PKPU, and analyze and find reconstructions of bankruptcy regulations and PKPU based on Islamic justice values. In this study, the constructivism paradigm was used. namely the paradigm that is the antithesis of the understanding that lays observation and objectivity in finding a reality or science, This type of research is descriptive analysis, the approach that the author uses is a Sociological Juridical approach, This research is categorized into doctrinal hukun research (both normative and philosophical juridical), The data analysis method used in this study is qualitative data analysis to obtain descriptive data. This research uses Islamic legal theory as an applied theory, namely the Mashlahah Theory According to Imam Al-Ghazali which is a concept that is used as the main consideration in solving Islamic legal problems because the principle contained in maslahah is the maintenance of the objective purpose of law (maqasid al-shari'ah) that is, the maintenance of religion, soul, reason, heredity, and property. Based on the results of this study, it was found that the first Bankruptcy Regulation and Suspension of Debt Payment Obligations have not been based on Islamic justice values, especially in article 2 paragraph (1), article 17 paragraph 2 and article 225 paragraph 4, Second, weaknesses were found in the current bankruptcy and PKPU regulations, including bankruptcy requirements of at least 2 creditors, the temporary decision of PKPU was only given 45 days, and the fee for curator is too great. For this reason, it is necessary to reconstruct the Bankruptcy Regulation and PKPU, including increasing the bankruptcy requirements for more than 2 creditors, extending the temporary bankruptcy of PKPU for more than 45 days or 1 year, changing the Curator fee calculation system based on agreements with debtors and creditors.
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Listiyani, Fahmaninda, Jaka Sriyana, and Nirdukita Ratnawati. "The Effect of External Public Debt and State Sukuk (SBSN) On Indonesia's Economic Growth: An Autoregressive Distributed Lag Approach." Dinasti International Journal of Economics, Finance & Accounting 4, no. 4 (September 11, 2023): 542–55. http://dx.doi.org/10.38035/dijefa.v4i4.2024.
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Indonesia's external public debt continues to grow with a ratio of 30.1% of GDP. In the first quarter of 2023, Indonesia's external public debt reached 199.4 billion US dollars or equivalent to 3000 trillion rupiahs. This condition makes Indonesia a debtor country that depend on international creditor countries or institutions. In addition, state sukuk as an alternative to state financing with sharia guidelines also continues to grow, but its performance cannot be equal to external public debt as one of the pillars of Indonesia's economic growth. Therefore, this study is present to analyse the effect of government external public debt paired with state sukuk as an Islamic fiscal variable on Indonesia's economic growth. Moreover, this study also analyses the factors that influence the growth of Indonesia's external public debt. The sample used to analyse the effect of government external public debt and state sukuk on Indonesia's economic growth was taken from the first quarter of 2010 to the first quarter of 2023. This study uses Autoregressive Distributed Lag (ARDL) to find empirical finding of the model. The results of this study indicate that the external public debt variable in the long term has a significant negative effect on economic growth while the state sukuk variable in the long term has no effect on economic growth.
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Arabiyat, Wa'el Mohammad, and Barjes Khalil Alshawabkeh. "Suspending the Debtor’s Imprisonment in Light of Corona Pandemic: A Study in the Light of the Provisions of Jordanian Legislation and Islamic Sharia." Dirasat: Shari'a and Law Sciences 50, no. 1 (March 1, 2023): 38–61. http://dx.doi.org/10.35516/law.v50i1.3791.
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Objectives: The research aims to reconsider the legality of the debtor's imprisonment between the Jordanian legislation and Islamic jurisprudence as a result of stopping the debtor's imprisonment and freezing his criminal prosecution under defense order no. (28/2021) in the event of a debt maturity or writing checks that are not offset by a balance, in order to control the epidemiological situation and take into account the economic conditions associated with COVID-19. Methods: The study adhered to both the descriptive and analytical approaches by reading the defense orders and the pertinent documents, analyzing them, and comparing the rules of positive law and Islamic Sharia. Results: The study found that the current guarantees relating to the seizure of the debtor's assets and barring him from traveling are ineffective at enforcing the creditor's rights, which highlights the need to create new guarantees that are more effective and find new ways to settle disputes between the parties to the debt. It also emphasizes the need to keep the detention procedure in place as an effective way of applying moral pressure to the debtor to repay the debt. Conclusions: The research recommended the need to exploit modern technology and techniques in (preventive protection) through credit disclosure of the status of customers before granting them the debt, and in (post-protection) by finding alternatives to imprisonment due to the inability to implement it currently, such as the application of the electronic bracelet system, which is followed by obligating the debtor to perform work under remote security monitoring.
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Darmawan Basri, Ade. "PENGALIHAN PIUTANG DENGAN SKEMA CESSIE DALAM HUKUM PERBANKAN SYARIAH MAUPUN KONVENSIONAL." El-Iqthisadi : Jurnal Hukum Ekonomi Syariah Fakultas Syariah dan Hukum 2, no. 1 (June 30, 2020): 1. http://dx.doi.org/10.24252/el-iqthisadi.v2i1.13979.
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AbstractThis study is entitled "Transfer of Receivables with the Cessie Scheme in Sharia and Conventional Banking Laws and the Submission of Cessie Cases in Courts". The main problem or the core that will be examined is how the terms of the cessie and a description of the cessie then how is the form of the settlement of the case transfer of cessie receivables in court. This research is an empirical juridical legal research that describes the results of research on the applicable law in the community that is legal research conducted by collecting data with the facts that occur and field studies in general or should, with the method of the statue approach legislation. Based on the results of research and analysis conducted, a conclusion can be drawn that the application of the transfer of receivables with the cessie scheme is a way of transferring receivables or handing over receivables on behalf as stated in Article 613 of the Civil Code, with the case settlement process through civil lawsuit to cessus can also be said to be a creditor and in fact can also be submitted an application or can be called a voluntary suit as long as there is no dispute from the old debtor or the creditor, can be resolved in the District Court or the Religious Court depending on the banking party intended to be sued or filed an application in other words whether it is Islamic Banking or Conventional Banking.Keywords: Cessie, Civil Lawsuit, Petition, Transfer of Receivables.AbstrakPenelitian ini berjudul “Pengalihan Piutang Dengan Skema Cessie Dalam Hukum Perbankan Syariah Maupun Konvensional Dan Pengajuan Perkara Cessie Di Pengadilan”. Permasalahan pokok atau inti yang hendak dikaji adalah bagaimanakan syarat dari cessie serta gambaran terhadap cessie kemudian bagaimanakah bentuk penyelesaian perkara pengalihan piutang cessie di pengadilan. Penelitian ini merupakan penelitian hukum yuridis empiris atau penelitian hukum yang menggambarkan hasil penelitian tentang hukum yang berlaku dimasyarakat yaitu penelitian hukum yang dilakukan dengan cara mengumpulkan data-data dengan kenyataan yang terjadi maupun studi lapangan pada umumnya atau yang seharusnya, dengan metode pendekatan statue approach atau pendekatan perundang-undangan. Berdasarkan hasil penelitian dan analisa yang dilakukan, dapat ditarik sebuah kesimpulan bahwa penerapan pengalihan piutang dengan skema cessie itu sebuah cara pengalihan piutang atau penyerahan piutang atas nama sebagaimana yang tertera pada Pasal 613 KUHPerdata (Kitab Undang-Undang Hukum Perdata), dengan proses penyelesaian perkara melalui gugatan contentiosa atau gugatan perdata ke cessus dapat juga dikatakan kreditur dan juga dalam kenyataannya dapat pula diajukan permohonan atau dapat disebut gugatan voluntair selama tidak ada sengketa dari pihak debitur lama maupun dari pihak kreditur, dapat diselesaiakan di Pengadilan Negeri maupun Pengadilan Agama tergantung pada pihak perbankan yang dituju untuk diguagat ataupun diajukan permohonan dengan kata lain apakah itu Perbankan Syariah atau Perbankan Konvensional.Kata Kunci: Cessie, Gugatan Perdata, Pengalihan Piutang, Permohonan.
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Hudaybergenov, Behzod. "RESOURCES REFLECTING THE ELEMENTS OF BANKRUPTCY IN THE EAST AND THEIR LEGAL DESCRIPTION." Review of Law Sciences 5, no. 3 (November 24, 2021): 26–38. http://dx.doi.org/10.51788/tsul.rols.2021.5.3./auxi2846.
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This article analyzes the emergence and development of norms aimed at the legal regulation of bankruptcy in the Ancient East, studies their specifics, compares the bankruptcy processes in the East and the West. In particular, were analyzed the records given in ancient written sources, and questions about how debt relations were regulated, in which cases debt was collected, were highlighted in what order the entire tribe reacted to debt obligations in the doctrine of Zarathustra. Islamic law also reveals the procedure for fulfilling the claims of the debtor’s creditors, the withdrawal of the debtor’s identity and focusing on his property, the privileges granted to the debtor, and the content of many conditions and deductions related to bankruptcy. In addition, was studied the measure of state support for merchants and peasants in case of non-payments during the Timurid period. Based on the rules set out in historical sources, the norms of the past and present were compared with each other, respectively, proposals and conclusions were developed aimed at improving the current legislation. The legislation on bankruptcy after gaining independence is systematically analyzed, the processes of their adoption are divided into stages, are highlighted the positive and negative aspects of documents that have lost their force.
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van Hoof, V. J. M. "The ‘generalis hypotheca’ and the sale of pledged assets in Roman law." Tijdschrift voor rechtsgeschiedenis 85, no. 3-4 (December 14, 2017): 474–91. http://dx.doi.org/10.1163/15718190-08534p03.
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A Roman debtor and his creditor could tailor their contract of pledge to fit their needs. If the parties specified the pledged asset in the contract, they wanted to restrict the debtor’s right to dispose of the pledged asset. The debtor would transfer pledged assets subject to pledge if he acted without permission of the creditor. The creditor could recover the pledged asset from any third-party possessor. If the parties pledged all of the debtor’s present and future assets, they wanted to enable the debtor to dispose of pledged assets in his ordinary course of business.
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Simanjuntak, Jimmy. "PENGGUNAAN INFORMASI DEBITOR DARI SISTEM LAYANAN INFORMASI KEUANGAN OTORITAS JASA KEUANGAN (SLIK OJK) SEBAGAI ALAT BUKTI PERMOHONAN PKPU." Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat 9, no. 1 (April 26, 2023): 73–84. http://dx.doi.org/10.55809/tora.v9i1.209.
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Suspension of debt payment (PKPU) is an Indonesian Bankruptcy Law instrument to resolve disputes over receivables through reconciliation between debtors and creditors, so that debtors can continue their business. Parties that can submit a PKPU application are creditors and debtors themselves. If the creditor submits an application for PKPU against the debtor, then the creditor is obliged to simply prove the fulfillment of Article 2 paragraph (1) of the KPKPU Law, where the debtor has more than one creditor and there is a debt that is due and collectible. This study aims to analyze the use of debtor information from SLIK OJK which is used as valid evidence, to fulfill the requirements of Article 8 paragraph (4) jo. Article 2 paragraph (1) of the KPKPU Law in the PKPU application submitted by creditors. In the event that the creditor is a business entity in the banking sector, in the case of a commercial bank, it has the right to access debtor information from the OJK SLIK as stipulated in Article 2 paragraph (1) jo. Article 14 paragraph (2) POJK 18/POJK.03/2017, the creditor can submit debtor information from SLIK OJK as evidence to prove the existence of other creditors who have receivables from the same debtor. The validity of using debtor information from SLIK OJK as evidence is confirmed by Decision No. 92/Pdt.Sus-PKPU/2023/PN Niaga.Jkt.Pst. however, the use of data from the OJK SLIK in submitting PKPU applications must be carried out with caution and limited to the existence of debtors' debts contained in the OJK SLIK data.
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Wiese, Mitzi. "The The Legal Operation of Liens: Theory and Practice." Potchefstroom Electronic Law Journal 24 (February 19, 2021): 1–23. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8721.
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The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an enrichment lien the creditor (lienholder) has a contract with a non-owner and not with the owner (debtor) himself. Consequently, the creditor can vest a lien against the owner of the thing only on the grounds of unjustified enrichment. Enrichment liens are classified as real rights. In the instance of a debtor-and-creditor lien (contractual lien) the creditor (lienholder) has a contract with the owner of the thing and the contract is the basis for the liability of the owner (debtor) towards the creditor. Debtor-and-creditor liens are generally classified as personal rights. This classification causes confusion regarding the legal operation on the one hand of an enrichment lien as a real right and on the other hand of a debtor-and-creditor lien (contractual lien) as a personal right. This paper proposes that the origin of the legal claim for which the lien serves as security (unjustified enrichment or contractual) merely determines the debt (expenses) for which a lienholder can vest his lien and does not determine the classification of a lien as either a real right or a personal right. A lien can be described as a defence against the owner's rei vindicatio and is, in principle, enforceable only against the owner of the thing (security object). A lien can, however, also be enforced against parties other than the owner, including the creditors (who, for example, want to attach the thing subject to the lien) of the owner (debtor) and other real claimants. The enforcement of a lien against these parties is referred to as the real operation (third-party action) of a lien. This paper analyses the legal operation of a lien with specific reference to the debt (expenses incurred) secured by the lien, the vesting (existence) of a lien, the real operation (third-party action) of a lien and the preferential position of a lienholder in the case of the debtor' insolvency.
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Sonnekus, JC, and EC Schlemmer. "Regspraak: Novasie en delegasie van skuld – hoe raak dit die versekering van die tersake skuld?" Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 356–78. http://dx.doi.org/10.47348/tsar/2021/i2a9.
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Personal rights may be transferred by means of cession, and, in such an instance, the cedent (creditor) does not need the debtor’s permission, but once the debtor has been informed, the debt is redeemed only if he performs against the cessionary. If however, someone owes a debt, he (the debtor) can free himself of the obligation only if he redeems the debt, if he is released, or through the running of prescription. But sometimes it might be necessary that a restructuring of someone’s debts takes place or the debtor may want to be replaced with someone else who is willing to take over his obligation. This can be done only with the cooperation and agreement of the creditor. In such a case the debtor delegates his obligation to another person, who then becomes the new debtor of a new debt – the creditor relinquishes his right against the old debtor and accepts the new debtor and the new debt. The old debt no longer exists. It is also possible to rearrange the debt and create a new obligation which extinguishes the old debt – a novation takes place. This contribution starts with a discussion of these general principles and particularly the role that they (should) play when one is dealing with a secured debt which the debtor wants to delegate or when novation comes into play. This leads into a discussion of Wilke NO v Griekwaland Wes Korporatief Ltd (1327/2019) 2020 ZASCA 182 (23 Dec 2020) and the judgments in the earlier courts in which the supreme court of appeal and the other courts did not consider the implications of delegation and novation on an underlying debt when that debt was secured. Delegation and novation extinguish the underlying debt and any security right fortifying that debt is thereby also extinguished because of the principle of accessority. If the creditor requires the new debt to be secured, a new security right needs to be established by meeting all the requirements for the establishment of such security whether it is a right of suretyship or a real security right. A creditor must carefully consider agreeing to a delegation or novation of a secured debt since the implication is that he loses his secured and preferential position, and, even with the creation of a new security right, he loses the ranking he initially held in the line of secured creditors when a right of mortgage, for example, is at stake – qui prior est tempore potior est iure (D 20 4 11pr).
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Rimba, Salsabila Mutiara, and Noer Yasin. "Gadai Sawah Tradisional dan Ketentuannya dalam Hukum Positif Menurut Ulama NU Banyuwangi." Peradaban Journal of Law and Society 1, no. 2 (December 23, 2022): 65–81. http://dx.doi.org/10.59001/pjls.v1i2.34.
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The people of Benculuk Village, Banyuwangi, have a tradition of pawning rice fields with the condition that the rice fields are used by the pawn recipient (the creditor). Utilization of the collateral continues without a time limit. Even though the provisions regarding the use of mortgaged agricultural land have been regulated in positive law, the community ignores them. The article aims to find out how the positive law regarding pawning rice fields applies and find out what the NU ulema think about pawning practices in the Benculuk Village community. The study was carried out using a qualitative approach with data collection methods in the form of interviews and documentation. The study found that the provisions for pawning rice fields are regulated in Article 7 No. 56/PRP/Tahun 1960, which determines the maximum time limit for the use of pawned rice fields is seven years. The study also found that from the perspective of NU Ulema, the practice of pawning in the area is not following Islamic law. on the other hand, they also agree with the law regarding the limits on the use of mortgaged rice fields. This regulation is expected to reduce tyranny in existing pawning practices. Masyarakat Desa Benculuk, Banyuwangi mempunyai tradisi menggdaikan sawah dengan ketentuan bahwa sawah itu dimanfaatkan dan diambil hasilnya oleh penerima gadai (kreditur). Pemanfaatan jaminan itu berlangsung tanpa batasan waktu, selama debitur belum mampu membayar pinjamanya maka lahan pertanoian akan terus dimanfaatkan kreditur. Walaupun ketentuan tentang pemanfaatan lahan pertanian yang digadaikan telah diatur dalam hukum positif namun, masyarakat tidak menghirauakanya. Artikel bertujuan untuk mengetahui bagaimana ketentuan hukum positif tentang gadai sawah yang berlaku dan juga untuk mengetahui bagaimana pendapat ulama NU tentang praktik gadai dalam masyarakat Desa Benculuk dan ketentuan hukum positif mengenai gadai lahan pertanian. Kajiaan dilakukan dengan pendekatan kualitatif dengan metode pengumpulan data berupa wawancara dan dokumentasi. Kajian menemukan bahwa ketentuan gadai sawah diatur dalam Pasal 7 No 56/PRP/Tahun 1960, yang menentukan batas waktu maksimal pemanfaatan sawah yang digadai adalah selama tujuh tahun. Kajian juga menemukan bahwa dalam perspektif Ulama NU praktig gadai di daerah tersebut tidak sesuai dengan hukum Islam. di sisi lain mereka juga setuju dengan peraturan Undang-Undang mengenai batas pemanfaatan sawah yang digadaikan. Peraturan tersebut diharapkan dapat mengurangi kedzaliman didalam praktik gadai yang ada.
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Lazić, Miroslav. "Justified and unjustified prohibited clauses in Serbian law on 'non-possessory' pledge." Zbornik radova Pravnog fakulteta Nis 61, no. 97 (2022): 13–30. http://dx.doi.org/10.5937/zrpfn1-41190.
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A 'non-possessory' pledge is a common name for several pledge rights arising from the entry of such rights in the Pledge Register, without transferring the possession to the pledge creditor. In Serbian law, the two most common forms of non-possessory pledge are: mortgage on immovable property and registered pledge on movable assets and rights. The Mortgage Act prohibits certain restrictions on the pledge debtor, and the Act on Pledge on Movable Assets and Rights provides for possible restrictions on the debtor's authorities through contractual clauses. The purpose of these restrictions is to additionally secure the legal position of the pledge creditor, without imposing an excessive burden on the pledge debtor. However, legal practice has shown that some of these restrictions are unnecessary, or that they impose an excessive burden on the pledge debtor from the moment of creating a pledge right to the moment of exercising that right (if it ensues). In this paper, the author addresses a number of related issues: which of these clauses are justified or unjustified, which of them unnecessarily weaken the position of the pledge debtor, whether they unnecessarily and disproportionately limit the pledge creditor, whether they are harmful for the credit system, etc.
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Malik, Dyatmika, and Sri Endah Wahyuningsih. "Legal Protection For Debtors In Selling Of Immovable Guaranteed Objects Below The Market Price In Indonesian Positive Law." Jurnal Akta 5, no. 2 (May 15, 2018): 365. http://dx.doi.org/10.30659/akta.v5i2.3086.
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The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party.Keywords: Protection; Sale; Positive Law; Immovable Objects
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Choi, sungsik. "Debtor's Litigation Intervention in Subrogation Litigation by Creditor." Institute for Legal Studies Chonnam National University 42, no. 3 (August 30, 2022): 123–46. http://dx.doi.org/10.38133/cnulawreview.2022.42.3.123.
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Subrogation litigation by creditor is a litigation by a creditor to a third debtor in order to preserve his or her bond. Therefore, the issue in subrogation litigation by creditor should first look at what legal basis the creditor exercises the debtor's rights on. And if the creditor has the right to perform a lawsuit, the subject of attribution, the debtor, will lose the right to perform a lawsuit. Whether it will be or not is the question. If the debtor's right to perform a lawsuit is lost due to the subrogation litigation of the creditor, the discussion surrounding the subrogation litigation by creditor can be discussed very simply. However, there is no opinion that the debtor's right to perform a lawsuit is lost, however, there is an opinion of a minority that it will be lost after notice of the fact of the subrogation.
As such, whether the debtor's right to perform a lawsuit is a premise for the most basic discussion in a subrogation litigation by creditor. It seems that the discussion on the substantive law is insufficient. Since the issue of legal standing of a debtor under the litigation law is a form of expression of the right of management and disposition under the substantive law, a discussion on the substantive law should be a prerequisite. Therefore, in this article, we have discussed whether or not the debtor's right of management and disposition is lost due to notification of subrogation, etc. That is, the right of management and disposition of a subrogation bond of the debtor is not lost by notification of the fact of subrogation, etc., remain legal standing parties. As such, it is logical to think that if the debtor remains as legal standing parties during the continuation of the subrogation action, it can exercise all of its rights as a party. However, the majority theory and precedent are interpreted as being inevitably limited by the prohibition of duplicative litigation and the effect of excluding further litigation under the Litigation Act, and such majority theory and precedent do not appear to be unreasonable. Then, it should be discussed how to provide the debtor with the status as the parties to a suit the opportunity to participate in the subrogation action through other means. In this paper, the alternatives are to allow joint participation in litigation and Independent Party Intervention. Also, if it is difficult for the debtor to participate as a party due to litigation costs, etc., joint litigation supplementary participation equivalent to the status of the parties to a suit is possible. Therefore, the view of the majority theory that joint litigation supplementary participation can participate in cases where a third party subject to the effect of a judgment does not have legal standing should be revised.
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Karanikić Mirić, Marija. "Oslobađajuće „pristupanje“ dugu: zaboravljeni institut iz Skice za zakonik o obligacijama i ugovorima." Anali Pravnog fakulteta u Beogradu 70, no. 5 (December 29, 2022): 427–50. http://dx.doi.org/10.51204/anali_pfbu_22mk14a.
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All the provisions of the Yugoslav, and subsequently Serbian, Law on Obligations of 1978 relating to substitution of debtor, originate from the Draft Code on Obligations and Contracts of 1969. However, the rule according to which the creditor and the third party may expressly discharge the original debtor was omitted from the Law. The reasons for this exclusion have not been recorded. Also, the Draft fails to specify whether the original debtor may protest their own release, i.e., if their consent is necessary for the discharge. This article has two purposes: to explore how the ideas of Mihailo Konstantinović, the sole author of the Draft, on the subject of substitution of debtor developed over time, and to examine the omitted rule on liberatory “accession” to debt or, more precisely, the assumption of debt by agreement between the creditor and a third party.
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Harke, Jan Dirk. "Cautio de rato und naturale debitum bei Venuleius D.46,8,8,1." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 138, no. 1 (June 1, 2021): 507–22. http://dx.doi.org/10.1515/zrgr-2021-0011.
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Abstract Cautio de rato und naturale debitum in Venuleius D.46,8,8,1. Venuleius deals with a unique case of naturalis obligatio: If a debtor, when paying to a an agent of the creditor, obtains a guarantee of approval by the creditor, he thereby indirectly recognises the claim and can therefore no longer invoke that the claim did not exist in reality, even if he defeats the creditor in a later trial.
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Reetz, Pia. "Mora creditoris im römischen Recht." Tijdschrift voor rechtsgeschiedenis 83, no. 3-4 (December 10, 2015): 392–420. http://dx.doi.org/10.1163/15718190-08334p03.
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The German civil code (BGB) establishes that the creditor defaults when he delays his acceptance, regardless of the question of fault. Since the creditor is still obliged to pay the debtor, the creditor only harms himself by not accepting performance. On the other hand, it is stated in the special section of the BGB that the emptor is not entitled to reject performance. With regard to the question as to whether such an obligation was known in classical Roman law, the source material remains ambiguous. But the relevant fragments can be systematized to the extent that they aim to balance the conflicting interests of creditor and debtor. In comparing the solution according to classical Roman law with the legal position of the BGB, the interplay between the provision on creditor’s delay and the emptor’s duty to accept performance result in a legal solution which is quite similar to the balance of interests found in classical Roman law even though it is based on a different legal ideology.
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van de Biezenbos, Kristen. "A Sea Change in Creditor Priorities." University of Michigan Journal of Law Reform, no. 48.3 (2015): 595. http://dx.doi.org/10.36646/mjlr.48.3.sea.
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This Article argues that the operation of maritime law undermines a primary justification for creditor priorities under U.S. law. Under current law, when a debtor becomes insolvent, its secured creditors will be paid the full amount of their debt to the extent of their security interest, even if that leaves nothing to pay unsecured creditors. This is controversial with respect to involuntary unsecured creditors, particularly those with tort claims against the debtor. Defenders of this scheme of priorities have argued that allowing greater priority to involuntary creditors would hinder the availability or increase the cost of credit. However, involuntary creditors have long enjoyed priority over secured creditors under maritime law, and it does not appear that firms subject to maritime law have experienced these effects. Experience with this priority scheme under maritime law may provide support for efforts to reform current U.S. law to give greater priority to involuntary creditors more generally.
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Listianti, Euis, and Umar Ma'ruf. "Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor." Jurnal Daulat Hukum 1, no. 3 (September 5, 2018): 583. http://dx.doi.org/10.30659/jdh.v1i3.3342.
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In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .
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Dalkowska, Anna. "Legal status of a third party within the meaning of Article 527 of the Civil Code in enforcement procedure based on a judgment in favour of a Paulian (fraudulent conveyance) claim." Nieruchomości@ I, no. I (March 31, 2022): 41–62. http://dx.doi.org/10.5604/01.3001.0015.8062.
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Admissibility of the Paulian (fraudulent conveyance) claim, a civil law institution referred to in Article 527 of the Civil Code3, for the protection of debts governed by public law no longer raises any doubts. The Paulian action gives an opportunity to protect a creditor of public receivables against actions undertaken by a debtor to the detriment of the creditor. The judgment has the effect of an absolute invalidity of the act-in-law of the debtor and the third party with respect to the creditor, hence it makes it possible to proceed with enforcement measures against the third party’s assets on the basis of an instrument permitting enforcement issued against the debtor. The legal status of the third party in an extended administrative enforcement versus the creditor, the obligated party and the enforcement authority has not been defined in any legal provisions on enforcement proceedings in administration. Despite an extensive catalogue of legal remedies, the applicable legal provisions fail to guarantee appropriate instruments for the protection of a third party, who does not formally become a participant of the enforcement proceedings and thus cannot use the legal remedies available to participants despite being compelled to endure enforcement measures directed against its assets as a result of the Paulian judgment.
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Putri, Marina Ayusta Amindya. "Legal Efforts of Banks and Buyers on Discharging the Collateral Object for Auction that is Still Occupied." Hang Tuah Law Journal 4, no. 1 (August 25, 2020): 71. http://dx.doi.org/10.30649/htlj.v4i1.154.
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<p>Credit is the banking service that would require the colletral agreement of pledge assets to give the creditor a sense of security in case the debtor would not be able to pay the loan based on the agreement. After it is proven that the debtor could not pay the amount agreed on the agreement, then the pledge assets will go for a public auction by the creditor. The provit of the auction then will be used to pay off the amount of money that the debtor owed to the creditor. For instance, the debtor would need to walk away from the pledge assets including their house and other assets in connection to the loan but more often than not, the debtor choose to stay in the buildings they signed as the pledge assets for the amount of money they owe and refuse to walk away from it. Though legally, the buildings that are being written as the pledge assets are essentially forefeitable for the auction to be bought by the buyer for the profit of the creditor. Once they are sold on the auction, they are the property of the buyers instead of the owner who owed the creditor. Thus, this paper questions about the legal steps that can be taken by the creditor and buyers on the emptying of the buildings as the object of collateral based on legal facts, literature, and the law. The paper aims to give a solution on how the object collateral dispute can be solved and the buyers can get what they bough on the public auction.</p>
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Pramudita, Shabrina Aliya, Kartikasari Kartikasari, and Amelia Cahyadini. "KEDUDUKAN HUKUM MENKOMINFO DALAM PELAKASANAAN PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Legal Standing : Jurnal Ilmu Hukum 4, no. 1 (April 25, 2020): 101. http://dx.doi.org/10.24269/ls.v4i1.2347.
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Susension of Payment (PKPU) is the time given by the law through the commercial court’s judgment where the Creditor and the Debtor are given the chance to discuss the ways to pay their debts by giving the payment plan as a whole or in partial, including if it is considered necessary to restructure the debts. It is known that there is the implementation of the peace agreement in PKPU. The parties in the implementation of the peace agreement are the Creditor and the Debtor. Moreover, it is also known that there are Preferred Creditor and Concurrent Creditor. However, in regard to the classification of the Creditors, there are several cases that show that the Creditor’s legal standing is debatable and it creates a problem during the implementation of the peace agreement in PKPU.
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Verhagen, H. L. E. "'Verfallpfand' in early classical Roman Law: real security in the archive of the Sulpicii." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 1 (2011): 1–46. http://dx.doi.org/10.1163/157181911x563048.
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AbstractThe writing tablets discovered in 1959 near Pompeii (Tabulae Pompeianae Sulpiciorum or Tabulae Pompeianae Novae) provide a unique and extremely valuable insight into the 'law in action' in the Roman Empire of the first century AD. In particular, these tablets allow us to assess the functioning of the law of secured finance, as it was applied by the Sulpicii family and other commercial lenders in the seaport town of Puteoli (Pozzuoli). The focus of this article is on the enforcement of a right of pledge in case of default by the debtor. In particular, it discusses whether the creditor then acquired ownership of the pledged property or whether he was only entitled to suspend his obligation to return the pledged property to the debtor. It is argued that the most likely interpretation of the writing tablets is that the creditor acquired ownership when the debtor defaulted and that this enabled him to sell the property at auction or otherwise.
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Gözlügöl, Alperen Afşin. "Controlling Tunnelling through Lending Arrangements: The Disciplining Effect of Lending Arrangements on Value-Diversion, Its Limits and Implications." European Business Law Review 33, Issue 1 (February 1, 2022): 125–74. http://dx.doi.org/10.54648/eulr2022004.
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The practices of corporate controllers to divert company value to themselves at the expense of (minority) shareholders and creditors (tunnelling) present a continuing challenge for lawmakers to address. While there is a variety of ways to control selfdealing in public companies, one less studied and appreciated lever against valuediversion is the role of lenders of such companies. This article examines the lending arrangements and common contractual provisions (undertakings, (non-)financial covenants, restrictions), and argues that such arrangements have considerable potential to monitor, deter and restrain value-diversion via self-dealing in the debtor companies. Likely limits to such a potential, and various important factors are also examined. The study concludes with possible implications of such findings. Tunnelling, self-dealing, related party transactions, value-diversion, creditor protection, lending arrangements, covenants, debtor companies, lenders, creditor discipline
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Cho, Inyoung. "The Effect of Facts Arising Between a Solidary Debtor and a Creditor on the Other Solidary Debtors - Recourse among Solidary Debtors-Does Korean Civil Law Needs to Be Revised? -." Korean Association of Civil Law 106 (March 31, 2024): 143–70. http://dx.doi.org/10.52554/kjcl.2024.106.143.
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The provisions regarding solidary obligations in Korean Civil Law have remained unchanged since the enactment of the Korean Civil Law. There have been criticisms raised at several points regarding the effects of facts arising between one solidary debtor and a creditor on the other solidary debtors, and solidary debtors' internal relationships, raising a need for a revision of Korean Civil Law. Among the effects of a reason arising between one solidary debtor and a creditor, criticisms have mainly been raised in relation to set-off, release, prescription, and novation. The effect of these should be determined by weighing the functional aspect of solidary obligation as personal security and the swift resolution of the internal relationships through the prevention of circular recourse claims. When reviewing the civil law and the legal systems of various other countries comprehensively, it seems desirable to maintain the current civil law provisions for set-off and prescription, to specify the effects of release and to change the effect of prescription to a relative effect. Next, concerning the internal effects (internal relationships), the issue of whether to recognize the right of recourse even in cases where the solidary debtor's payment does not exceed his share has been discussed. Many precedents and opinions suggest that the solidary debtor can exercise the right of recourse in proportion to their share even if the payment amount does not exceed it. It may be worth considering clarifying this aspect in the civil law provisions. Finally, current civil law stipulates that if the creditor agrees with a solidary debtor that the he is liable to pay only his share, and one of the debtors who bears contributory obligation becomes insolvent, the creditor shall bear the burden. Although there have been some legislative criticisms against this, maintaining the current stance of the civil law seems justified when considering the substantive intention of the parties involved.
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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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Hasanah, Aida Nur. "Perlindungan Hukum Bagi Kreditur Pada Gugatan Actio Pauliana." Politica: Jurnal Hukum Tata Negara dan Politik Islam 9, no. 2 (August 8, 2022): 26–37. http://dx.doi.org/10.32505/politica.v9i2.4574.
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Legal protection is a legal remedy given to the rights of someone who is considered weak. Regarding the interests of the bankruptcy estate, the Court may request the cancellation of all legal actions of the debtor who have been declared bankrupt which harm the interests of the creditor, which was carried out before the bankruptcy declaration decision was pronounced. The cancellation can only be done if it can be proven that at the time the legal action was carried out, the debtor and the party with whom the legal action was carried out knew and should have known that the legal action would result in a loss to the creditor. Actio pauliana is present as a form of legal effort given by law to creditors to cancel the debtor's actions that harm the creditor. Actio Pauliana is regulated in Articles 42 to 50 of the Bankruptcy Law and PKPU.