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Journal articles on the topic 'Problems of normative-legal regulation of operations with debtors and creditors'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Zaradkiewicz, Kamil. "Fiduciary transfer of real property in consumer transactions." Nieruchomości@ I, no. I (2021): 9–28. http://dx.doi.org/10.5604/01.3001.0014.7525.

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Article 3871 on property transfer as a form of collateral security was added to the Civil Code by virtue of the Act of 14 May 2020 Amending Certain Acts in Respect of Shield Measures in Connection with the Outbreak of the SARS-CoV-2 Virus (promulgated in the official journal “Dziennik Ustaw”, item 879). Under this provision, contracts on transfer of property as a collateral security, where the property in question is a real property used for the purpose of satisfying housing needs, which is transferred to secure claims under this or any other contract not directly related to business operation

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2

Wulandari, Andi Sri Rezky, Mira Nila Kusuma Dewi, and Nurmiati Nurmiati. "The Creditor's Position After the Constitutional Court's Decision on the Examination of Article 15 of the Fiduciary Guarantee Law." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 702. http://dx.doi.org/10.31941/pj.v23i2.4294.

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<p class="TableParagraph"><em>The Constitutional Court Decision Number 18/PUU-XVII/2019 provides a transformation regarding the process of execution of fiduciary guarantees by creditors against debtors by changing the substance of the regulation that cannot be carried out unilaterally without permanent legal standing. The purpose of this research is to look further after the Constitutional Court's decision regarding the position of execution on financing that provides loans to creditors. This research method is a normative research that examines the decision of the Constitutional C

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3

Aprita, Serlika, Amanda Mutia Carissa, Andini Yulia Putri, and Sabrina Sabrina. "PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG." Solusi 21, no. 1 (2023): 1–16. http://dx.doi.org/10.36546/solusi.v21i1.715.

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  The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach b

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4

Fiver, Ramjahif Pahisa Gorya, Yuhelson Yuhelson, and Dedy Ardian Prasetyo. "Existence of Banking Credit Agreement with Standard Clauses Related to the Implementation of Consumer Law Protection in Indonesia." Jurnal Indonesia Sosial Sains 5, no. 05 (2024): 1110–14. http://dx.doi.org/10.59141/jiss.v5i05.1118.

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This study examines the existence of banking credit agreements with standard clauses in the context of the implementation of consumer law protection in Indonesia. Standard clauses are often used by banks to regulate the legal relationship between banks and customers. However, the use of this clause often causes problems because it is considered detrimental to consumers. An agreement made by debtors and creditors is a complex series of laws, the emergence of conditions in an agreement that is still standard made unilaterally by business actors in this case, is banking where consumers have to su

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5

Fahmi Budi Raharja, Ramadhan. "Kepastian Hukum Penyelesaian Sengketa Gagal Bayar Debitur Pada Layanan Peer To Peer Lending Di Indonesia." Recital Review 6, no. 2 (2024): 203–19. https://doi.org/10.22437/rr.v6i2.35112.

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Peer to Peer lending is a form of online-based money lending service. P2P Lending has potential risks that can give rise to legal problems, namely the risk of default by the loan recipient. when the debtor default, the party who suffers the main loss is the lender. This type of thesis research uses the Normative Juridical method by taking a statutory approach and a conceptual approach. The results of the thesis research, legal certainty is achieved by using laws or regulations that are currently in effect, such as the Civil Code, Law no. 30 of 1999 concerning Arbitration and Alternative Disput

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6

Riyyano, Ricky. "Absolute Competency Problems in Settlement of Mortgage Rights Execution Disputes of Islamic Banking in Religious Courts." Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 5, no. 2 (2020): 181–92. http://dx.doi.org/10.25217/jm.v5i2.1029.

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Banking activities, especially credit/financing transactions, apart from the existence of trust between creditors and debtors, also require guarantees that have a high liquidity value in the form of material guarantees and individual guarantees. The District Court does not have the authority to resolve sharia economic disputes in any form, including the execution of the object of mortgage rights in Islamic banking which has issued Constitutional Court Decision Number 93/PUU-X/2012. If the ruling or decision issued by the district court is related to implementation the object of mortgage rights

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7

Qomariyah, Lailatul, and Mas Anienda Tien Fitriyah. "Konstruksi Perjanjian Finansial Teknologi Pembiayaan Multiguna Shopee Pay Later Pada E-Commerce Shopee Indonesia." Legal Spirit 7, no. 2 (2023): 155. http://dx.doi.org/10.31328/ls.v7i2.4627.

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The convenience provided by online loans has a risk if the debtor fails to pay, especially since there is no guarantee in this online loan system. This, of course, will be disastrous for creditors. Shopee Pay Later, one of the marketplace-based online loan providers from the Shopee application, provides loans for users through the distribution of multipurpose financing online without collateral. This research uses a normative-juridical method. The SPayLater multipurpose financing agreement, literature studies, and laws and regulations are the data sources. Conceptual and statutory approaches b

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8

Poliakov, R. B. "FORMATION OF THE BANKRUPTCY PROCESS (BANKRUPTCY PROCEEDINGS) AND ITS DEVELOPMENT IN THE 1990s IN INDEPENDENT UKRAINE." Economics and Law, no. 3 (October 22, 2020): 27–33. http://dx.doi.org/10.15407/econlaw.2020.03.027.

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The article is devoted to the formation and development of the competitive process in independent Ukraine, namely in the 90s of the twentieth century, during its economic downturn. The normative legal acts of that period, which regulated the insolvency relations and the corresponding Explanations of the Supreme Arbitration Court of Ukraine, are studied. It is emphasized that the first act of the competitive process of independent Ukraine — the Bankruptcy Law at 1992, proved to be very simple to solve the problems of insolvency of large industrial enterprises. The author accentuates that this l

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9

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 (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 Isla

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10

Ayu Permatasari, Cintya Sekar, and Octa Nadia Mellynda. "Temporary Measures on Bankruptcy: Alternatives to the Moratorium on Act 37/2004 in Resolving Indonesian Bankruptcy During the COVID-19 Pandemic." Lex Scientia Law Review 5, no. 2 (2021): 19–40. http://dx.doi.org/10.15294/lesrev.v5i2.50600.

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The high number of bankruptcies in Indonesia, which increased to 54% in the pandemic era, had negative impacts on the economic ecosystem in Indonesia. A regulation is needed that can reduce the number of bankruptcies, in which the moratorium of Act 37/2004 is a discourse that will be predicted as the main solution. The moratorium of Act 37/2004 with its weaknesses has been rejected by many parties, so this research will offer a more appropriate alternative solution in the form of setting temporary measures on bankruptcy. This study seeks to describe the urgency and prospects of the presence of

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11

Dwi, Tatak Subagiyo. "The Position of Creditors in Consumer Financing Agreements Due to Fiducian Guarantee Not Registered." International Journal of Social Science And Human Research 06, no. 05 (2023): 2599–615. https://doi.org/10.5281/zenodo.7902569.

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Research with the title creditor position in consumer financing agreements as a result of fiduciary guarantees not being registered, will raise two problems as follows, first, what are the characteristics of consumer financing agreements with fiduciary guarantees, and second, how default is non-fulfillment of achievements or obligations set by certain parties in an engagement. The methodology used in analyzing the problems in this study uses a normative juridical method with two approaches, namely the statutory approach and the concept approach, to produce an in-depth analysis. Based on the di

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12

Кириловская, Н. Н., Ю. В. Мишальченко, and Е. Л. Львова. "International Legal Aspects of Regulating Insolvency (Bankruptcy) in the Russian Federation and the European Union Member States." Ius Publicum et Privatum, no. 1(16) (March 31, 2022): 126–37. http://dx.doi.org/10.46741/2713-2811.2022.16.1.013.

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В статье проведен анализ законодательства о несостоятельности (банкротстве) в России и государствах – членах Европейского союза. Внимание уделено различиям как между странами Евросоюза, так и между ними и Российской Федерацией. Сравнительно-правовой анализ позволил выделить особенности института несостоятельности в странах ЕС и Российской Федерации, в частности наличие самостоятельной правовой основы данного института, определение механизма банкротства. В то же время реализация механизма банкротства породила ряд проблем, к числу которых следует отнести определение приоритетности кредиторов, ба

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13

Subagiyo, Dwi Tatak, and Hari Wibisono. "Debtor’s Legal Standing in the Possession of Fiduciary Collateral in Indonesia." Journal of Lifestyle and SDGs Review 5, no. 5 (2025): e04077. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n05.pe04077.

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Introduction: The forms of collateral in Burgerlijk Wetboek (pawn and mortgages) are apparently less able to facilitate the needs of Micro, Small, Medium Enterpreneurs (MSMEs) who need capital but also still need to utilize the collateral objects. Fiduciary was created to accommodate the needs of the community to be able to obtain additional funds while still controlling collateral objects. These objects are still used in managing business activities and increase the chances of success of debt repayment so that this method is considered to be equally beneficial for debtors and creditors. The r

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14

Seo, Eugine. "Suggestions on the direction of legislation for the real estate lien system." Wonkwang University Legal Research Institute 39, no. 4 (2023): 37–60. http://dx.doi.org/10.22397/wlri.2023.39.4.37.

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The purpose of this study is to present the legislative direction for the revision discussion, which has been repeatedly frustrated just before the revision despite efforts to revise the lien, but has revived in 2023. The lien does not conform to the principle of fairness because it becomes an unfair position compared to other general creditors if the bond is returned to the person who holds the bond. Therefore, in order to comply with this principle, the current civil law has established a legal mechanism to achieve the original purpose of the lien holder by refusing to return the goods or se

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15

Fahamsyah, Ermanto, Vicko Taniady, Ramadhan Dwi Saputra, Kania Venisa Rachim, and Glenn Wijaya. "The Problem of Filing for Bankruptcy in Indonesian Law: Should the Insolvency Test Mechanism be Applied?" Volksgeist: Jurnal Ilmu Hukum dan Konstitusi, June 30, 2024, 199–218. http://dx.doi.org/10.24090/volksgeist.v7i1.10079.

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The resolution of bankruptcy disputes in Indonesia presents significant challenges due to the ease with which bankruptcy can be filed against debtors, even if they are capable of continuing their business operations and repaying their debts to creditors. This issue arises from the provisions of Article 2, paragraph (1) of Law 37/2004, which stipulate only two requirements for declaring bankruptcy: the existence of a past due debt and the presence of at least two creditors. This paper aims to examine the problems associated with bankruptcy dispute resolution in Indonesia and to propose the impl

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16

Subagiyo, Dwi Tatak. "The Position of Creditors in Consumer Financing Agreements Due to Fiducian Guarantee Not Registered." International Journal of Social Science and Human Research 06, no. 05 (2023). http://dx.doi.org/10.47191/ijsshr/v6-i5-12.

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Research with the title creditor position in consumer financing agreements as a result of fiduciary guarantees not being registered, will raise two problems as follows, first, what are the characteristics of consumer financing agreements with fiduciary guarantees, and second, how default is non-fulfillment of achievements or obligations set by certain parties in an engagement. The methodology used in analyzing the problems in this study uses a normative juridical method with two approaches, namely the statutory approach and the concept approach, to produce an in-depth analysis. Based on the di

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17

"ONLINE LOAN LENDER INFORMATION SYSTEM (FINTECH) REVIEWED FROM LAW NUMBER 11 YEAR 2008 ABOUT INFORMATION AND ELECTRONIC TRANSACTIONS." Central European Management Journal, 2022, 1157–67. http://dx.doi.org/10.57030/23364890.cemj.30.4.116.

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Online loans are credit problems, especially in the online loan handling system itself, but the government is currently controlling these online loans, in online loans there is mutual interest between the lender and also the borrower because the rules clash between interest and fines. The borrower (debtor) feels disadvantaged if there is a delay in paying off interest or the loan is always from the provider (creditor) of funds terrorizing in terms of collecting and threatening him, because the interest is always daily and doubled interest which is burdensome to the borrower. The purpose of thi

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18

Sakinah, Nailia Andriani, and Suherman Suherman. "PELAKSANAAN KONSEP RESTRUKTURISASI KREDIT PADA LEMBAGA BANK DAN NON BANK (STUDI PADA KCP BCA SYARIAH BOGOR DAN PT PEGADAIAN (PERSERO) BOGOR)." Jurnal Hukum Bisnis Bonum Commune, January 29, 2021, 61–74. http://dx.doi.org/10.30996/jhbbc.v4i1.4452.

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AbstractThis study aims to identify and understand the implementation mechanism of the credit restructuring concept in Bank and Non-Bank Institutions. The study regarding the implementation of the credit restructuring concept in the two financial institutions has differences that will lead to legal problems which will be investigated by the author. The method used in this research is the normative juridical method focused on positive legal research studies based on regulations, journals, and books relating to loan restructuring. The results showed that there was credit restructuring due to the

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