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Journal articles on the topic 'Negligent creditors'

Author: Grafiati

Published: 8 June 2024

Last updated: 31 July 2025

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1

Anisah, Lilies, and Eni Suarti. "Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi." Wajah Hukum 6, no. 2 (2022): 446. http://dx.doi.org/10.33087/wjh.v6i2.1082.

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The COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK &amp

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2

Pramana, Raditya Triatmaji, and Bambang Dwi Baskoro. "The Board of Directors' Criminal Liability for Companies Which Declared On Bankruptcy." Jurnal Daulat Hukum 4, no. 4 (2021): 239. http://dx.doi.org/10.30659/jdh.v4i4.17784.

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Bankruptcy is regulated in Act No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). In the regulation, the company is declared bankrupt, meaning that when the debtor (debt owner) has two or more creditors (debtors) who do not pay debts that are due and can be collected (cause of bankruptcy). The responsibility of the Board of Directors whose company is experiencing bankruptcy is in principle the same as the responsibility of the Board of Directors whose company is not experiencing bankruptcy. Bankruptcy status applies when there is a decision of the Commerc

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3

Komala, I. Gusti Ayu Trisna, and Desak Putu Dewi Kasih. "HAPUSNYA PERIKATAN KREDIT BANK AKIBAT PEMALSUAN TANDA TANGAN OLEH DEBITUR TERHADAP BENDA MILIK ORANG LAIN." Kertha Semaya : Journal Ilmu Hukum 8, no. 11 (2020): 1783. http://dx.doi.org/10.24843/ks.2020.v08.i11.p11.

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Tujuan penulisan jurnal ini untuk mengetahui konsekuensi yuridis terkait kredit bank yang diperoleh dari tindakan pemalsuan tanda tangan dan mengetahui perlindungan hukum terhadap kreditur atas pelepasan kredit dengan pemalsuan dokumen. Metode penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual digunakan dalam penulisan artikel ini. Hasil penelitian ini menunjukkan kreditur dan debitur telah melakukan perbuatan melawan hukum dalam pasal 1365 KUHPer karena kreditur lalai dalam kegiatan perbankan dan debitur melakukan penipuan dan pemalsuan dokumen dengan menggadaikan b

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4

Dian Pribadi Sihotang. "Pertanggungjawaban Debitor Terhadap Kreditor Konkuren Setelah Homologasi Perjanjian Perdamaian Penundaan Kewajiban Pembayaran Utang (PKPU)." Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora 1, no. 2 (2024): 01–12. http://dx.doi.org/10.62383/aliansi.v1i2.47.

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A peace agreement that has been homologated is binding on all creditors who agree to the peace plan in accordance with Article 286 of Law Number 37 of 2004. The debtor is obliged to prove that the peace agreement has been fulfilled by the creditors as per the peace agreement that has been agreed. This research is aimed at analyzing legal certainty regarding the rights of concurrent creditors after homologation has been carried out, the debtor's responsibility if the debtor does not fulfill his promise according to the peace agreement that has been homologated and analyzing the application of t

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5

Budiono, Doni. "Analisis Pengaturan Hukum Acara Kepailitan dan Penundaan Kewajiban Pembayaran Utang." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (2019): 109. http://dx.doi.org/10.36913/jhaper.v4i2.81.

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In carrying out its business, businessmen often establish a debt agreement. Debt agreements are a common thing between creditors and debtors. However, at times, it may cause a dispute between debtors who are negligent and unable to pay their debts to creditors. One of the eﬀ orts to overcome the unpaid debt is through Bankruptcy and Postponement of Debt Payment Obligations petitioned by the debtors or the creditors. Bankruptcy is the general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the Curator under the supervision of the Supervisory Judg

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6

Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part I." Business Law Review 42, Issue 3 (2021): 121–27. http://dx.doi.org/10.54648/bula2021017.

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Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies

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7

Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part II." Business Law Review 42, Issue 4 (2021): 175–81. http://dx.doi.org/10.54648/bula2021025.

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Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies

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8

Trianda Lestari, Syahrando Muhti, and Muhamad Fatur Rahman Bey Husdi. "Analisis Kasus Wanprestasi Antara Debitur Dan Kreditur Terhadap Perjanjian Pinjaman Kredit Bank Studi Kasus Putusan (Nomor 5/PDT.G.S/2023/PN.BTG)." Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum 1, no. 1 (2024): 126–37. http://dx.doi.org/10.62383/terang.v1i1.76.

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A broken promise or default is a situation where a debtor is unable to fulfill his obligations in accordance with the debt and receivable agreement he made, for example not making installments or repayment on time. As in article 13138 of the Civil Code which states "All agreements made in accordance with law apply as law for those who make them. This agreement cannot be withdrawn other than by agreement of both parties, or for reasons determined by law, the agreement must be carried out in good faith. In this paper, the problem is regarding the bank credit payment agreement made between the de

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9

Kristina, Jennis. "Perjanjian Pengikatan Jual Beli Hak Atas Tanah Sebagai Jaminan Kredit Hak Tanggungan." SAPIENTIA ET VIRTUS 4, no. 2 (2020): 179–200. http://dx.doi.org/10.37477/sev.v4i2.194.

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Bank credit activities carried out with all internal policies must apply the principle of prudence. PPJB which is a binding agreement between the parties whose rights are not yet perfect, compilation is used as a guarantee of mortgage rights can be a cause of failure to fulfill the prudential principle. This research is a normative juridical research, using literature approach. The results of the discussion and conclusion of this study show: Bank's internal policy that states PPJB used as security of mortgage can be done using the process of making a Note Cover. This can bring the bank in the

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10

Azurma, Reza, Yulfasni Yulfasni, and Syahrial Razak. "Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru." West Science Law and Human Rights 1, no. 04 (2023): 196–203. http://dx.doi.org/10.58812/wslhr.v1i04.148.

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Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the cre

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11

Soraya, Disa. "LEGAL PROTECTION OF DISADVANTAGED DEBTOR CUSTOMERS IN THE IMPLEMENTATION OF OBJECT EXECUTION AUCTION PROCEDURES IN BANK CREDIT AGREEMENTS." Indonesia Private Law Review 2, no. 1 (2021): 37–48. http://dx.doi.org/10.25041/iplr.v2i1.2224.

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In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object

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12

Juniarti, Maria Mahdalena. "BREACH OF PEACE AGREEMENT (HOMOLOGATION) BETWEEN PT LAUTAN WARNA SARI AND PT KERTAS LECES (PERSERO)." Indonesia Private Law Review 4, no. 2 (2023): 137–48. http://dx.doi.org/10.25041/iplr.v4i2.3029.

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Peace efforts filed by the business entity PT Kertas Leces (Persero) (hereinafter referred to as the Respondent) in the Debt Payment Obligation Postponement (PKPU) process in collaboration with PT Lautan Warna Sari (hereinafter referred to as the Applicant), which was ratified into a Peace Agreement (homologation) decided by the Commercial Court in Decision No. 05/PKPU/2014/PN.Niaga.Sby. The Peace Agreement (homologation) contains an agreement that must be fulfilled by the respondent to the applicant. However, in its implementation, the respondent was negligent and could not fulfill these prov

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13

Dinata, Hendra, Ismail Ismail, and Puguh Aji Hari Setiawan. "KEPASTIAN HUKUM PANDEMI COVID 19 SEBAGAI PENENTUAN KEADAAN KAHAR DI DALAM PERJANJIAN PEMBIAYAAN MULTIGUNA." JURNAL ILMIAH GLOBAL EDUCATION 4, no. 2 (2023): 603–14. http://dx.doi.org/10.55681/jige.v4i2.759.

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Whereas in civil law there is a force majeure in the event of a failure to fulfill performance in an agreement. The President issued Presidential Decree Number 12 of 2020 concerning Designation of the Non-Natural Disaster of the Spread of CoronaVirus Disease 2019 (COVID-19) as a national disaster. One of the impacts of the Covid-19 outbreak is that economic growth has decreased, including in terms of agreements. Therefore, this study aims to examine the arrangements and legal certainty of multipurpose financing agreements in force majeure, in which parties who cannot fulfill their performance

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14

Kadang, Alifah Zhecarina, Ipah Farihah, and Mustolih Siradj. "Tinjauan Yuridis Kepailitan Akibat Pembatalan Homologasi Penundaan Kewajiban Pembayaran Utang." JOURNAL of LEGAL RESEARCH 4, no. 3 (2022): 815–36. http://dx.doi.org/10.15408/jlr.v4i3.21420.

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This study aims to evaluate the judge's legal reasoning in the judgment Number: 4/Pdt.Sus. Peace Cancellation/2019/PN.Niaga.Jkt.Pst. Jo. Number 718K/Pdt.Sus-Pailit/2019, as well as how the cancellation of the homologation of the postponement of debt payment obligations led to insolvency. Analysis of the matter between PT Arpeni Pratama Ocean Line Tbk and PT CIMB Niaga in their respective roles as debtor and creditor. Due to the debtor's negligence with the homologated peace document, the creditor petitions the Commercial Court to annul the peace agreement. At the level of the Commercial Court,

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15

Safira, Excha Restya. "PERLINDUNGAN HUKUM KREDITUR TERHADAP DEBITUR YANG MENGGUNAKAN PRINSIP CROSS DEFAULT DAN COLLATERAL DALAM PERJANJIAN KREDIT." Jurnal Globalisasi Hukum 1, no. 2 (2024): 275–83. http://dx.doi.org/10.25105/jgh.v2i1.21034.

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This scientific research aims to outline the legal protection that creditors get to debtors who use the principles of cross default and cross collateral in credit agreements. In this scientific research, the method used is normative law that uses legislation as a source of data. The technique of collecting legal documents uses literature study techniques. The results of this scientific research show that the Cross Default and Cross Collateral principles by using the debtor's guarantee object can create one or more different credit facilities that use the same collateral, while the creditor rem

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16

Safira, Excha Restya. "PERLINDUNGAN HUKUM KREDITUR TERHADAP DEBITUR YANG MENGGUNAKAN PRINSIP CROSS DEFAULT DAN COLLATERAL DALAM PERJANJIAN KREDIT." Jurnal Globalisasi Hukum 1, no. 2 (2024): 275–83. http://dx.doi.org/10.25105/19vg1j16.

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This scientific research aims to outline the legal protection that creditors get to debtors who use the principles of cross default and cross collateral in credit agreements. In this scientific research, the method used is normative law that uses legislation as a source of data. The technique of collecting legal documents uses literature study techniques. The results of this scientific research show that the Cross Default and Cross Collateral principles by using the debtor's guarantee object can create one or more different credit facilities that use the same collateral, while the creditor rem

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17

Khasanah, Nur, Efi Yulistyowati, and Agus Saiful Abib. "ANALISIS PUTUSAN PENGADILAN NEGERI SEMARANG NO.2/PDT.SUS-PAILIT/2020/PN.SMG MENGENAI PERMOHONAN PEMBATALAN HOMOLOGASI." Semarang Law Review (SLR) 3, no. 2 (2022): 128. http://dx.doi.org/10.26623/slr.v3i2.3974.

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<p align="center"><strong><em>ABSTRACT</em></strong></p><p align="center"><strong><em> </em></strong></p><p><em> Homologation</em> is the ratification of reconciliation by the judge on the agreement between the debtor and creditor to end bankruptcy. Bankruptcy is one way to resolve debt disputes that smother a debtor, where the debtor no longer has the ability to pay his debts to his creditors. One of the bankruptcy decisions that will be studied in this research is the Semarang District Court Decision Nu

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18

Pyarrani, Dilla, Tiara Puspita Sari, and Wina Karlina. "Settlement of Default by the Debtor and Liability of the Creditor in the Pledge Agreement." Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal 3, no. 1 (2023): 15–26. http://dx.doi.org/10.15294/ipmhi.v3i1.57547.

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The condition of people who are experiencing difficulties in the economic field, credit with collateral is needed by community and is the right choice by the community in meeting their needs as an addition to business capital and to meet their daily needs. The purpose of this study to explain the phenomena that occur in debt-receivable agreements with pledged guarantees, the phenomenon that is the existence of customers who are in default. Customers also need to know the responsibilities of a creditor. Research approach with normative juridical analysis. The legal basis for a pawn agreement is

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19

Lee, Kye Joung. "Initial Impossibility and the Revision of Article 535 of the Korean Civil Code." Korean Association of Civil Law 109 (December 31, 2024): 57–89. https://doi.org/10.52554/kjcl.2024.109.57.

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This paper dealt with the issue of revising Article 535 of the Korean Civil Code (hereinafter “KCC”) regarding initial impossibility by reviewing Civil Codes of other countries and international model laws to analyze the international trends in prescribing the legal relationships arising from initial impossibility. The paper also elucidated the 2013 and 2024 revision proposals for Article 535 and discussed the legal issues related to initial impossibility. The contents of this paper could be summarized as follows: First of all, the 2024 revision proposal, like the 2013 revision, maintains that

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20

Marbun, Alvon, Anggi Fitria Nainggolan, Alif Al-Azis Nurullah, Gretta Pertiwi Br, Herman Brahmana, and Agus Irawan. "LEGAL PROTECTION FOR CREDITORS AGAINST DEBTORS IN DEFAULT PEER TO PEER LENDING AGREEMENT." Awang Long Law Review 6, no. 2 (2024): 393–98. http://dx.doi.org/10.56301/awl.v6i2.1086.

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The purpose of this research is to determine the validity of the Civil Code perspective on peer to peer lending agreements and to determine the factors that hinder creditor returns and the role of the OJK in protecting creditors. This research uses normative juridical methods, namely obtained from library materials and related literature such as books, journals and so on. Peer to peer lending agreements made using an electronic system are basically valid because they fulfill the 4 requirements in Article 1320 of the Civil Code. There are several factors that hinder returns and creditors, namel

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21

Effendy, Edrick Edwardina, and Donny Rustriyandi Dasuki. "Analysing the Settlement of Banking Bad Debts through Cession (Transfer of Receivables Mechanism)." Jurnal Ilmu Kepolisian 19, no. 1 (2025): 87–96. https://doi.org/10.35879/jik.v19i1.639.

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Bad debts in banks can arise from debtor negligence, lack of good faith, or incompetence. These bad debts negatively impact a bank’s performance and require immediate resolution. One effective method to address them is by selling or transferring receivables through a legal process known as cession. In this process, a bank (as the original creditor) transfers its claim or credit receivable to another party (the new creditor). As a result, the rights and obligations of the original creditor shift to the new one. This study uses a normative legal approach, focusing on how banks can resolve bad de

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22

Sondang Sibarani, Clarisa, Shabiha Elena Putri, Triani Cahya Hutahaean, and Welly Gosal. "Negligence in Fulfilling Contractual Obligations." Asian Journal of Social and Humanities 3, no. 7 (2025): 1346–58. https://doi.org/10.59888/ajosh.v3i7.541.

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This research addresses the increasing issues of breach of contract in Indonesia, particularly focusing on the legal consequences of non-compliance with debt repayment obligations and the execution of guarantees. Breach of contract, or wanprestasi, disrupts business transactions and leads to material and immaterial losses for the affected parties. The urgency of this research lies in the growing number of breach of contract cases in Indonesia, with such disputes posing significant financial and legal risks. While previous studies have explored breach of contract in broader contexts, there is l

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23

Hidayah, Nur Putri, Komariah Komariah, Satria Unggul Wicaksana Prakasa, and Sonny Zulhuda. "Modeling the Contract and Execution Fiduciary on Constitutional Court Decision." Journal of Human Rights, Culture and Legal System 3, no. 1 (2023): 95–108. http://dx.doi.org/10.53955/jhcls.v3i1.76.

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Many facts of disputes between creditors and debtors regarding the excesses of fiduciary guarantees and the existence of a decision of the Constitutional Court, which changed the legal provisions regarding the execution of fiduciary securities. This research aims to determine how clauses concerning an agreement over a breach of contract are outlined in a fiduciary agreement and what hinders the execution of fiduciary security. With normative and empirical methods, this research indicates that the clause regarding a breach of contract is outlined in a fiduciary deed by the creditor and debtor c

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24

Afni, Nur. "Perlindungan Hak Pekerja Atas Harta Pailit Yang Berupa Jaminan Pihak Ketiga (Studi Kasus Putusan Nomor 37/PDT.SUS.GLL/2019/PN.NIAGA.JKT.PST)." Jurist-Diction 5, no. 1 (2022): 283. http://dx.doi.org/10.20473/jd.v5i1.32728.

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AbstractA bankruptcy decision on a company can result in termination of employment. In bankruptcy, there are three types of creditors, namely preferred creditors, separatist creditors and concurrent creditors. Workers as preferred creditors in the law shall prioritize the distribution of wages owed. However, the position of workers is often ignored and gives priority to payment to separatist creditors. This is because separatist creditors can execute collateral objects and the proceeds are not shared with preferred creditors. Moreover, if the bankruptcy estate is in the form of collateral belo

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Umami, Ariza, Iskandar Iskandar, and Rike Regita. "AKIBAT HUKUM ATAS WANPRESTASI YANG TERJADI PADA PRAKTIK ENDORSEMENT DALAM PERSPEKTIF KUHPERDATA." Solusi 21, no. 3 (2023): 277–87. https://doi.org/10.36546/solusi.v21i3.1056.

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The endorsement agreement is based on an agreement between the endorser and the online shop. The provisions of each party contained in the work contract must be implemented by the parties, both their rights and obligations. The occurrence of negligence/default on a mutual agreement will give rise to legal consequences for the parties. Default is regulated in article 1238 of the Civil Code. The debtor is declared negligent by means of a warrant, or by means of a similar deed, or based on his own strength and commitment, namely if this agreement means that the debtor must be deemed negligent aft

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26

Arjaya, I. Made, and Nyoman Putra Suhambara. "Pelaksanaan Eksekusi Benda Bergerak Yang Tidak Dibebani Jaminan Fidusia Di Perkoperasian." Batulis Civil Law Review 2, no. 2 (2021): 140. http://dx.doi.org/10.47268/ballrev.v2i2.689.

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Guarantee execution is one of the ways when the debtor is negligent in carrying out his obligations which are carried out in accordance with applicable legal procedures. Furthermore, two basic problems are formulated to be studied, namely: 1). How is the execution of movable objects that are not burdened with Fiduciary Guarantees? And 2). What legal efforts can be made by the creditor if the execution of movable objects that are not burdened? this section also describes the purpose and benefits of writing and the originality of research as the work of the real writer. This study uses an empiri

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Hendrawardhana, Christian, Henrycus Winarto, and Bambang Budiarto. "PERINGKAT KINERJA KEUANGAN PADA PERUSAHAAN GO PUBLIK INDUSTRI MANUFAKTUR YANG TERCATAT PADA BURSA EFEK INDONESIA DENGAN MENGGUNAKAN Z-SCORE ALTMAN MODEL PERIODE 2010-2012." Jurnal Ekonomi dan Bisnis 18, no. 2 (2016): 71–88. http://dx.doi.org/10.24123/jeb.v18i2.1628.

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Indonesia is a country that includes emerging markets and focused on the manufacturing sector. In the manufacturing sector will require funds on production activities, and these funds can be obtained from the credit. Meanwhile in Indonesia, many credit activity conducted by commercial banks, which is closely linked to the credit of bad credit. Bad credit can occur due to 2 factors, factors debtor or creditor factors. The meaning of this factor is negligence bank creditors in the debtor's credit analysis. But for manufacturing companies go public, they can raise funds in addition to the credit

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Victoria Damanik, Jessica Bintang, and Siti Malikhatun Badriyah. "Kepastian Hukum Terhadap Perjanjian Pembiayaan Didahului SKMHT Tanpa APHT." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 2 (2023): 1883–98. http://dx.doi.org/10.37680/almanhaj.v5i2.3697.

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Ownership of land rights is an interest for Indonesian that is used for various purposes, one of which is as collateral in a financing agreement. The advantage of being a collateral object is to have a stable value and tend to increase. The purpose of this study is to analyze the legal protection of creditors who experience problems when knowing debtor defaults and their position of creditors who only have SKMHT without APHT due to notary negligence. This research method is qualitative with a normative juridical research type. The results of the research are protection for SKMHT holders enforc

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Jacinda, Indah, and Stanislaus Atalim. "ANALISIS PUTUSAN PEMBATALAN PERJANJIAN PERDAMAIAN HOMOLOGASI PADA KASUS KEPAILITAN PT NJONJA MENEER (STUDI KASUS: PUTUSAN PENGADILAN NIAGA SEMARANG NOMOR 11/PDT.SUS-PAILIT/2017/PN NIAGA SMG. JO. PUTUSAN MAHKAMAH AGUNG NOMOR 1397 K/PDT.SUS-PAILIT/2017)." Jurnal Hukum Adigama 2, no. 1 (2019): 692. http://dx.doi.org/10.24912/adigama.v2i1.5257.

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A form of reconciliation in Suspension of Payment is an agreed composition plan, and the composition plan must get the court’s ratification (homologation). According to Article 170 of the Bankruptcy Law number 37/2004, the creditor can request the cancellation of the composition plan that has been approved if the debtor fails (negligent) to fulfill their obligations. Furthermore, in Article 291 Paragraph 2 of the Bankruptcy Law states that if the cancellation is approved, the debtor must be declared bankrupt. And in this case, PT Njonja Meneer was declared bankrupt because they were considered

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Sholehuddin and Kholid. "Legal Protection for Creditors Holding Warehouse Receipt Security Rights According to Indonesian Law." Regulate: Jurnal Ilmu Pendidikan, Hukum dan Bisnis 2, no. 1 (2025): 74–84. https://doi.org/10.61166/regulate.v2i1.6.

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The purpose of this study is to examine and analyze the creditors who hold the right to guarantee warehouse receipts in the form of legal protection for creditors who are harmed by debtors who have defaulted on their promises/breach of contract, resulting in legal uncertainty. The form of legal protection for creditors as holders of the right to guarantee warehouse receipts is regulated in Article 27 paragraph (2) of the Law on Warehouse Receipt Systems and Article 40 letter k of Government Regulation Number 36 of 2007 concerning the implementation of Law Number 9 of 2006 concerning the Wareho

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Putri, Tiyas Asri, Gusnardi Lie, and Moody Rizqy Syailendra Putra. "Juridical Analysis of Debt Settlement Through Bankruptcy (Study of Decision 24/Pdt.Sus-Bankrupt/2019/PN Niaga Sby)." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (2023): 442–53. http://dx.doi.org/10.57235/qistina.v2i1.517.

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Every bankruptcy has legal consequences for both the debtor and the creditor, one of which is the ability to represent the bankrupt debtor in property law matters. As a result, the authority of the debtor is very limited. Therefore, the debtor remains liable for outstanding debts in the event of bankruptcy, and the creditor must use all reasonable efforts to collect outstanding debts. Regarding debt settlement through bankruptcy (Decision of the Surabaya District Court Case PT. Sinar Pembangunan Abadi) to find out the basis for the considerations of the Panel of Judges in case number: 24/Pdt.S

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Savitri, Anasya, and Anang Dony Irawan. "JAMINAN FIDUSIA YANG BELUM DIDAFTARKAN PADA AKTA NOTARIS DAN PERLINDUNGAN HUKUM BAGI KREDITUR." Khatulistiwa Law Review 2, no. 2 (2022): 398–412. http://dx.doi.org/10.24260/klr.v2i2.723.

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Abstrak Tujuan utama dari penelitian ini adalah memberikan telaah yuridis terkait perlindungan yang diberikan bagi pihak kreditur apabila akta jaminan fidusia tidak didaftarkan oleh notaris. Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia mengatur bahwa proses terjadinya jaminan fidusia terjadi dalam dua tahapan. Pertama adalah tahapan pembebanan jaminan fidusia. Pembebanan benda dengan jaminan fidusia dibuat dengan akta notaris dalam bahasa Indonesia dan merupakan akta jaminan fidusia. Dalam proses pendaftaran akta jaminan fidusia oleh notaris terdapat beberapa permasalahan ya

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Alwi, Lala, Merry Tjoanda, and Pieter Radjawane. "Ganti Kerugian Akibat Wanprestasi Perjanjian Kerja Sama (Bagi Hasil) Kajian KUHPERDATA." KANJOLI Business Law Review 1, no. 2 (2023): 105–12. http://dx.doi.org/10.47268/kanjoli.v1i2.11618.

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The breach of contract in a cooperation agreement resulting in losses to the creditor as the capital provider constitutes a breach of contract. Thus, it is necessary to examine the legal relationship between the debtor and creditor, as well as the form of compensation for losses due to the breach of contract in the profit-sharing agreement. This research method is juridical-normative and is descriptive-analytical, utilizing an approach formulated within the results of literature research from primary, secondary, and tertiary legal materials analyzed and examined in a structured assessment. The

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Rade, Stefanus Don, Mericiana Yulita Fin Tae, Firgilius Kandro Mego Asman, and Kalistus G. Wayong Huler. "Legal Protection of Creditors in Credit Agreements at Swastisari Kupang Credit Union." Journal of Progressive Law and Legal Studies 1, no. 02 (2023): 97–106. http://dx.doi.org/10.59653/jplls.v1i02.81.

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Credit Unions have an important role in improving the economy of the Indonesian people through joint efforts based on family principles, so cooperatives need to develop themselves further and be built to be strong and independent based on cooperative principles. In running its business, the suitable implements credit, a form of effort to process the capital owned from deposits and member donations, to achieve optimal results. A credit agreement is needed to avoid bad credit in the future as evidence of a contract between the creditor and the debtor. This is a reference to legal protection for

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Cavalaglio, Lorenzo. "Responsabilità professionale di notaio e avvocato e concorso di colpa del cliente. Mutamento della giurisprudenza tributaria (Trib. Lodi, 10 maggio 2023)." N° 1 (gennaio-febbraio), no. 5 (February 1, 2024): 107–15. http://dx.doi.org/10.35948/1590-5586/2024.486.

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Tesi È noto che l’obbligazione del professionista, pur costantemente qualificata quale obbligazione di mezzi, abbia ad oggetto una sempre più puntuale attitudine al conseguimento del risultato pratico voluto dalle parti: pertanto, nell’ambito della consulenza fiscale relativa agli atti stipulati, si estende all’ottenimento degli effetti vantaggiosi eventualmente previsti dalla normativa fiscale e a far rispettare gli obblighi da essa imposti. Tuttavia, ove il comportamento del cliente contrasti con i doveri di buona fede imposti dall’art. 1375 cod. civ., ad es. rifiutandosi di corrispondere gl

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Raffer, Kunibert. "Risks of Lending and Liability of Lenders." Ethics & International Affairs 21, no. 1 (2007): 85–106. http://dx.doi.org/10.1111/j.1747-7093.2007.00062.x.

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Risk and liability change the initially stipulated terms of contracts, overruling their otherwise binding nature. Risk encourages careful assessment of debtors' abilities to service debts. Errors and negligence in assessment, and even external shocks, make creditors suffer losses. Disregarding one's duty of care or professional standards, or engaging in tortious or illegal behavior makes actors liable to compensate for any resulting damage—a necessary systemic element of the framework markets need to function well. Neither mechanism was allowed to work properly in sovereign lending.This essay

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Moody Rizqy Syailendra, Angelica Ulinta Ginting, and Irene Mariboto Sitanggang. "Analisis Pembayaran Hutang dan Bunga oleh Debitur Pelaku Wanprestasi Berdasarkan Hukum Perdata." Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 4, no. 2 (2025): 878–89. https://doi.org/10.55606/jurrish.v4i2.5358.

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A valid agreement creates a contract that gives rise to rights and obligations between the parties, and if one party does not fulfill its obligations, it can be declared to be in default. Default can be interpreted as the failure to fulfill or negligent in carrying out obligations as stipulated in the agreement made by the creditor and debtor. One example of a case of default regarding debts involving the Deputy Regent of Sidoarjo, Subandi, who borrowed IDR 1 billion from Darmiati Tansilong. The Supreme Court rejected Subandi's appeal (Decision No. 1609/K/Pdt/2022) and stated that he was in de

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Leonard, Tommy, Elvira Fitriani Pakpahan, and Helen Jennyver Yang. "JURIDICAL ANALYSIS OF DEBT COLLECTIONS TOWARDS DEFAULT DEBTOR WHICH DEBT HAS MATURED AS THE TIME WHEN THE DEBT ACKNOWLEDGMENT LETTER HAS NOT ENDED." International Journal of Latin Notary 2, no. 02 (2023): 108–16. http://dx.doi.org/10.61968/journal.v2i02.39.

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One of the forms of trust between one individual with the others is by making a mutual agreement that is outlined in a written agreement. In the process of it, there are certain conditions that might result in the termination of the agreement as there is default in the written agreement. One of the forms of written agreement that has been stated is debenture note. As if the case of Supreme Court Decision No. 3051/K/Pdt./2017 pertaining to creditor collect debt towards debtor in which the debtor has been negligent and not able to settle the debt throughout 3 (three) months successively as the d

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Saputera, Abdur Rahman Adi, and Selmi Oka. "Analisis Terhadap Putusan Perkara Sengketa Ekonomi Syariah No: 599/Pdt.G/2018/PA.Gtlo yang Diperiksa dan Diadili di Tiga Tingkatan Peradilan." TAWAZUN : Journal of Sharia Economic Law 5, no. 1 (2022): 148. http://dx.doi.org/10.21043/tawazun.v5i1.13623.

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<p>This study aims to analyze the decision of the sharia economic dispute case that was submitted through a lawsuit at the Gorontalo Religious Court, then continued with the next legal effort, namely an appeal at the Religious High Court to the Supreme Court Cassation level. The results of the study indicate that the claimant and the parties referred to in the lawsuit have both made mistakes in the murabahah contract that has been agreed upon, and in terms of the judges' considerations at each level, it shows that the councils of the Religious Courts and the High Religious Courts passed

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Valeri, Mark. "The Economic Thought of Jonathan Edwards." Church History 60, no. 1 (1991): 37–54. http://dx.doi.org/10.2307/3168521.

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On 16 March 1742, Jonathan Edwards's church in Northampton adopted a new covenant of faith. Written in the heat of the Great Awakening, the document began, predictably, by acknowledging “the blessed manifestations and fruits of [God's] gracious presence in this town” during the recent spiritual revivals. It then plunged into more worldly matters. It called on every church member to deal honestly and justly in secular business: they were not “in any matter” to “overreach or defraud” their “neighbor…and either willfully or through want of care, injure him in any of his honest possessions or righ

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Adnan, Indra Muchlis, Triyana Syahfitri, and Muannif Ridwan. "Tanggung Jawab Penjamin Pada Kredit Macet Dalam Sistem Borgtocht Di Masa Pandemi Covid-19." Jurnal Hukum Ius Quia Iustum 30, no. 1 (2023): 159–77. http://dx.doi.org/10.20885/iustum.vol30.iss1.art8.

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This study discusses the legal responsibilities of guarantors for non-performing loans in the borgtocht system during the Covid-19 Pandemic. The research method used is normative juridical. The research concludes that the guarantor's responsibility for non-permorfing loans in banks under the borgtocht system during the Covid-19 Pandemic era is in accordance with Article 1831 of the Civil Code, namely the guarantor is not required to pay the creditor, unless the debtor is negligent, while the debtor's assets must first be confiscated and auctioned to pay off the debt, but the guarantor cannot a

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Setoaji, Bima, Sulistyandari ., and Siti Kunarti. "Validity of Land Rights Transfer Based on Debt with Collateral of Land Certificate under Indonesian Law." Problems of legality, no. 160 (March 30, 2023): 284–303. http://dx.doi.org/10.21564/2414-990x.160.269672.

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Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a con

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Setoaji, Bima, Sulistyandari Sulistyandari, and Siti Kunarti. "Validity of Land Rights Transfer Based on Debt with Collateral of Land Certificate under Indonesian Law." Problems of legality 160 (2023) (March 30, 2023): 284–303. https://doi.org/10.21564/2414-990X.160.269672.

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Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a con

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Tsania Nurul Azkia and Arief Suryono. "Analisis Terhadap Ganti Kerugian Akibat Wanprestasi Dalam Perjanjian Utang Piutang (Studi Kasus Putusan Nomor 59/Pdt.G/2022/PN Mkd)." Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora 1, no. 2 (2024): 258–69. http://dx.doi.org/10.62383/aliansi.v1i2.116.

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Humans are essentially social creatures who need help from other people in meeting their daily needs, especially those related to economic problems. The economy is fundamentally related to agreements, as these agreements are created to ensure that both parties comply with and fulfill their obligations. However, in fact, currently there are still many default disputes due to debtor negligence so that the legal consequences are cancellation of previously agreed agreements, transfer of risk, as well as compensation for costs, losses and interest. Apart from that, resolving default disputes can al

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NUKI, NUKI. "THE BOARD OF DIRECTORS OF A BANKRUPT COMPANY’S CIVIL LIABILITY FOR OBTAINED TAXES." Cepalo 5, no. 2 (2021): 131–40. http://dx.doi.org/10.25041/cepalo.v5no2.2364.

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Sumber Urip Sejati Utama Ltd. is a company that runs in the fertilizer industry. Technically, Sumber Urip Sejati Utama Ltd.'s board of directors purchase urea fertilizer for the factory, then sold the urea fertilizer to consumers. As a urea fertilizer distributor, Sumber Urip Sejati Utama Ltd. should fulfil tax administration obligations, such as reporting tax payments and calculations. However, Sumber Urip Sejati Ltd.’s administration is highly engineered by the company’s directors because Sumber Urip Sejati Utama Ltd. is operating even though it is declared bankrupt. The situation escalades

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Nayla Putri Abdullah, Natasya Yadila, Happy Sturaya Quratuainniza, Muh Rozi Asri, and Dwi Desi Yayi Tarina. "Analisis Yuridis Prestasi Karyawan PT Sumber Jaya Dalam Perjanjian Ketenagakerjaan Studi Kasus Nomor.276/Pdt.G/2012/PN.Jkt.Sel." Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 4, no. 2 (2025): 752–59. https://doi.org/10.55606/jurrish.v4i2.5261.

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Default refers to a situation where one party to an agreement fails to fulfill or negligently performs its obligations as stipulated in the contract between the creditor and debtor. This study examines a case of default in an employment contract, as seen in the South Jakarta District Court Decision No. 276/Pdt.G/2012/PN.Jkt.Sel, where an employee unilaterally resigned before the contract’s expiration without fulfilling the agreed-upon obligations. The research aims to analyze the legal resolution of default and the judge’s considerations in ruling on the case. Using a normative juridical metho

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A.A.P*, Karina Widyadhari, Elisatris Gultom, and Anita Afriana. "The Annulment of Homologation in the Case of PKPU Application of Intidana Savings and Loan Cooperative in Review of Law Number 37 of 2004." Riwayat: Educational Journal of History and Humanities 6, no. 2 (2023): 640–52. http://dx.doi.org/10.24815/jr.v6i2.31817.

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The purpose of this research is to find out the annulment of homologation in the case of a PKPU application for KSP Intidana in terms of Law No. 37 of 2004. This research method is normative juridical which is guided by primary legal materials and secondary legal materials contained in a legislation. The results of the research show that first, the action of not accepting the annulment of homologation on the basis that the application submitted was premature is not in accordance with the provisions of the KPKPU Law because the concept of negligence as a reason for homologation annulment in the

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Putra, Ryan Prastya Mariata, Ida Ayu Putu Widiasti, and Ni Made Puspasutari Ujianti. "Akibat Hukum dari Wanprestasi dalam Transaksi Jual Beli Secara Instagram." Jurnal Preferensi Hukum 1, no. 2 (2020): 33–36. http://dx.doi.org/10.22225/jph.1.2.2339.33-36.

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The influence of globalization that occurs today has made information and communication technology became something very important for society because it presents a world without boundaries, distance, space, and time. This has made changes to the lifestyles of the people as well as changed the social, economic, cultural, security, and law enforcement. This research was conducted with the aim of describing the rights and obligations of the parties in an Instagram trade agreement and the legal consequences of negligence on an Instagram trade agreement. This research was conducted using normative

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Asuan, Asuan. "PENYELESAIAN TERHADAP DEBITUR WANPRESTASI DALAM PERJANJIAN GADAI." Solusi 18, no. 1 (2020): 121–38. http://dx.doi.org/10.36546/solusi.v18i1.254.

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The problem of this research is how the default in the pawn agreement and settlement of the debtor default in the pawn agreement according to the Civil Code. One type of guarantee for movable objects is a pawn given to guarantee a bill or credit that is regulated in article 1150 of the Civil Code (Civil Code). Default is not fulfilling something that is required as specified in the agreement. Debtor defaults in a pawn agreement according to Article 1234 of the Civil Code, that one of the defaults is caused by not doing what he is promised to do. Article 1238 of the Civil Code states that the d

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Ramadhan, M. Syafrie, Bagus Kusumo Hadi, Dino Gautman Raharjo, M. Fadhil Azzam Arfa, and Muhammad Alvin Saputra. "DISPUTE RESOLUTION OF MUDHARABAH CONTRACT FINANCING THROUGH BASYARNAS." Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah 8, no. 1 (2024): 975–87. http://dx.doi.org/10.30651/justeko.v8i1.21285.

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Mudarabah financing disputes in Islamic banking are generally resolved using litigation or judicial channels. As stated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, there are also other channels in dispute resolution, namely arbitration and alternative dispute resolution such as; mediation. As contained in the financing contract in Islamic banking Law No. 21 of 2008 states that dispute resolution will be resolved through BASYARNAS if in the agreement clause a dispute occurs it will be determined through a Sharia arbitrator in this case BASYARNAS this is the

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