Bankruptcy Law Commons^™

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The COVID-19 pandemic has shifted the form of conducting music concerts from face-to-face concerts to online concerts through the live stream mechanism. Some practitioners opine that the implementation of live stream online concerts is considered to contain elements of temporary reproduction (ephemeral recording) and may be used for the purposes as regulated in Article 49 of Law No. 28 Year 2014 on Copyright. This paper examines whether the use of copyrighted songs in live streams music concerts can be categorized as ephemeral recording. This research will be carried out using socio-legal studies methods as an interdisciplinary studies with the help …

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …

Penegakan Hukum Terhadap Dumping Limbah Padat Bahan Berbahaya Beracun (B3) Oleh Para Pelaku Usaha Berdasarkan Pasal 104 Undang-Undang Nomor 32 Tahun 2009, Dewi Sartika Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In carrying out economic development in Indonesia, it has an impact on the widespread damage to the environment which means the rampant living crimes that occur in Indonesia. This development activity contains a risk of pollution and environmental damage. . Lack of supervision of environmental management permits by existing agencies, law enforcement officials who are not maximal in upholding environmental laws and weak criminal sanctions and compensation for business actors who violate them, causing a deterrent effect on business actors who violate them. In addition, business actors who only take advantage and do not care about environmental restoration by neglecting …

Perbandingan Pengaturan Dan Konsep Bentuk Hukum Partnership Di Negara Brunei Darussalam Dengan Indonesia Dikaitkan Dengan Hukum Perdata, Dewi Mega Victoria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study aims to find out and analyze the comparative legal form of the Partnership in Indonesia as stipulated in the Indonesian Civil Code Book with the State of Brunei Darussalam as stipulated in the Laws of Brunei, Chapter 106 Contracts. There are 5 points that can be examined from the rules in 2 countries relating to the Partnership, namely: Status of Legal Entity, Establishment of Partnership, Organ Partnership, Responsibility and Disbanding the Partnership. This is a reference to renew the Partnership regulations in Indonesia in the future with reference to the state regulation of Brunei Darussalam. This research is …

Penerapan Prinsip Business Judgement Rule Dalam Melaksanakan Kegiatan Perkreditan Dengan Menganut Prinsip Kehati-Hatian Pada Kasus Kejahatan Perbankan Di Indonesia, Dewi Maya Br Ginting

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In a more complex and simplistic sense, abuse (abnormal use) of power can be interpreted as a result of the failure of internal control. Within the banking industry itself, the prudential principle is the main benchmark in the formation and maintenance of relations between the Bank and the public. Although Directors and Commissioners bear legal responsibility with their respective portions, there are certain limitations regarding when directors and commissioners cannot be held liable for the risk of decisions or supervisory actions that they have taken. When faced with a case of alleged banking crime, the Panel of Judges can use …

Perlindungan Direksi Terhadap Keputusan Bisnis Melalui Penerapan Prinsip Business Judgement Rules Di Amerika Serikat, Jepang, Dan Indonesia, Desty Sari Wardani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Board of Directors is required to perform his duty in the best manner under the triad of fiduciary duties: good faith, duty of care, and duty of loyalty. The Business Judgment Rule protects the Company's Board of Directors as a risk taker in the organization, that decisions are made in accordance with law, carried out in good faith, carried out with the right purpose, such decisions have rational grounds, carried out with care as is done by a person who is cautious enough about similar judgments and conducted in a way that’s the best for the company. This journal discusses …

Perlindungan Hukum Pemegang Saham Atas Transaksi Material Pada Pt Sumalindo Lestari Jaya.Tbk Dikaitkan Dengan Prinsip Good Corporate Governance Sesuai Peraturan Pasar Modal Di Indonesia, Cornelia Kristi Deswardhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Minority shareholders of PT Sumalindo Lestari Jaya Tbk feel disadvantaged as a result of not holding a GMS for material transactions. The company should be required to hold a GMS as a form of company disclosure to shareholders. Therefore, the purpose of this study is to identify and understand material transactions and legal remedies for minority shareholders in PT Tbk and the application of GCG principles through Bapepam-LK supervision on material transactions at PT Sumalindo Lestari Jaya Tbk. The approach method used in the preparation of this research is the normative juridical method, meaning legal research that examines secondary data …

Pemenuhan Hak Atas Kesehatan Bagi Fakir Miskin Saat Pandemi Covid-19 Di Indonesia, Bonita Cinintya Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Economy and Social Welfare should not be read and understood as two separate concepts separately. Human rights are rights that humans have solely because they are human. Humanity has it not because it was given to it by society or based on positive law, but solely based on its dignity as a human being. The state's obligation to the right to health is stated in Article 34 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The state as the holder of the obligation to fulfil human rights has the responsibility to comply with these aspects when talking …

Alternatif Penyelesaian Sengketa Ekonomi Syariah Melalui Badan Arbitrase Syariah Nasional Dan Lembaga Alternatif Penyelesaian Sengketa Dalam Prospek Perkembangan Ekonomi Syariah Di Indonesia, Baiq Inti Dhena Sinayang

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The increasing number of sharia economic disputes as a result of sharia economic development causes alternative dispute resolution to be an option in resolving sharia disputes. Basyarnas and LAPS-OJK are sharia economic dispute resolution forums outside of litigation. From the results of the research, it is known that the National Basyarnas need to be strengthened against the implications of the unregistered Basyarnas in the LAPS-POJK list after the issuance of POJK No. 61 of 2020 jo. POJK No. 1 of 20014 concerning LAPS in the financial services sector. The mechanism for dispute resolution procedures at Basyarnas starts from the request …

Tinjauan Yuridis Proses Pelelangan Pengusahaan Jalan Tol Gilimanuk-Mengwi Ditinjau Dari Praktik Monopoli Dan Hukum Persaingan Usaha, Artika Purnama Sari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of a series of toll road concession tender processes is the pre-qualification stage in which participants who pass will follow the auction stage by taking a proposal request document. Participants who pass the prequalification in the form of a consortium at least one member of the consortium must have similar experience in toll road PPP projects. The purpose of this paper is to determine the legal aspects of monopolistic practice and business competition law in relation to the tender process for the Gilimanuk-Mengwi toll road concession. This writing uses a normative method by conducting a literature review. The results …

Perlindungan Atas Privasi Konsumen Dalam Layanan Reservasi Tiket Online Dari Pt. Kereta Api Indonesia, Aprilia Susanti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The significant increase in online activities cannot be separated from the many active internet users who use mobile internet connections to carry out their daily activities, one of which is for the convenience of making ticket reservations at PT. Indonesian Railways (KAI). The purpose of this research is to find out the study of the business law of protecting consumer privacy in the online ticketing service of PT. KAI. Data collection was carried out by means of a literature study of the relationship between laws and regulations in consumer protection and the position of PT. KAI as business actors and …

Perkembangan, Penerapan, Dan Tantangan Hukum Anti-Dumping Di Indonesia Ditinjau Dalam Kerangka Hukum Wto, Anggoro Aji Nugroho

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Anti-dumping is a form of action against price discrimination by importing countries by selling their products below normal values with the aim of competing with local products and potentially causing serious injury to the domestic industry for liked products. Indonesia as a member of the WTO is subject to the provisions of the WTO legal framework including provisions regarding anti-dumping. This research focuses on the development and application of anti-dumping laws based on the WTO in Indonesia as well as the challenges that will be faced by Indonesia in implementing anti-dumping in the future. This research uses qualitative methods, where …

Analisis Pengaturan Pajak Parkir Pada Badan Pengelola Pajak Retribusi Daerah Kabupaten Lampung Utara, Adinda Akhsanal Viqria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Parking tax is a local tax imposed under the law number 28 of 2009 on local taxes and user charge. The purpose of this study is to analyze the adequacy of the Parking Tax Reception System At the Office of Lampung Utara Regional Tax and Retribution Agency. The method used is descriptive analysis. Data were obtained through field studies. The results of this research is that the System of Parking Tax Admission in Lampung Utara City has been adequate and in accordance with the applicable regulations, namely the Minister of Home Affairs Regulation number 59 at 2007 includes the related …

When Deciding Whether To Transfer Venue, Bankruptcy Courts Will Consider Their Discretion To Retain A Case, As Well As The Interests Of Justice And Convenience Of The Parties, Cole Eiber

Bankruptcy Research Library

(Excerpt)

When a debtor decides to file a petition for bankruptcy, one decision to make is in what court, or what jurisdiction to file. However, the debtor’s choice of where to file is not always indisputable. Once a case is filed in a particular court, any “party in interest” may bring a motion seeking to change the venue of the case to an alternate court. Additionally, a court, on its own motion, may transfer a case to an alternate venue. The three statutory provisions that govern transfers of venue are Bankruptcy Rule 1014 (“Rule 1014”), 28 U.S.C. § 1408 (“Section …

Debts Based On Fraudulent Misrepresentations Of Material Fact May Not Be Discharged Under § 523(A)(2)(A), Lauren Shoemaker

Bankruptcy Research Library

(Excerpt)

In general, title 11 of the United States Code (the “Bankruptcy Code”) provides that an individual may be discharged of his or her debts at the conclusion of his or her bankruptcy case. A discharge relieves a debtor from liability for its unpaid pre-petition debts and acts as an injunction, barring a creditor from collecting such debts from the debtor. However, under section 523(a)(2)(A) of the Bankruptcy Code, an individual debtor cannot be discharged from any debt for money obtained by “false pretenses, a false representation, or actual fraud.”

This article explores when debtors cannot be discharged of their …

Whether A Surety Agreement Is An Executory Contract Is A Crucial Determination For Both Creditors And Debtors In Bankruptcy, Elizabeth Gomiela

Bankruptcy Research Library

(Excerpt)

In bankruptcy, whether a surety bond is an executory contract is not a question that is often addressed by the circuit courts of appeals. However, this determination is crucial for both debtors and creditors because only executory contracts can be assumed, rejected, or pass through in bankruptcy.

“A surety bond creates a three party relationship, in which the surety becomes liable for the principal's debt or duty to the third party oblige.” The term “executory contract” has not been defined within title 11 of the Unted States Code (the “Bankruptcy Code”), however the Supreme Court concluded that "Congress intended …

Lifting The Automatic Stay After Foreclosures In New York, Andrew Vavricka

Bankruptcy Research Library

(Excerpt)

The filing of a bankruptcy petition under title 11 of the United States Code (the “Bankruptcy Code”) results in an automatic stay that bars collection efforts against a debtor’s property. Consequently, a creditor will generally be prevented from foreclosing on property in which a debtor has an interest, including a possessory interest. Section 362(d), however, provides that the automatic stay may be lifted or modified under four alternatives. This article will discuss the implication of the automatic stay on a New York foreclosure action and bankruptcy courts’ rationale for lifting the automatic stay in the foreclosure context.

Part I …

Creditors Not Precluded From Recovering Debtors’ Commercial Tort Litigation Recovery Through Security Interest, Dana Aprigliano

Bankruptcy Research Library

(Excerpt)

Title 11 of the United States Code (the “Bankruptcy Code”) provides valuable protections for secured creditors. A secured creditor of a chapter 7 debtor is entitled to distribution of any debtor property (or its value) in which they have an interest before any other creditors are paid. Even if the debtor has filed under chapter 11 or 13, a secured creditor is still entitled to receipt of their collateral or its value.

Under Article 9 of the Uniform Commercial Code (“UCC”), commercial tort claims and their proceeds may collateralize secured liens. Hence, creditors believing they are secured by a …

A Majority Of Courts Reject The Application Of The Rules For Disallowance Of Claims Under Section 502(D) To Administrative Expense Claims, Mairead Cooney

Bankruptcy Research Library

(Excerpt)

Since the adoption of title 11 of the United States Code (the “Bankruptcy Code”), courts have struggled with the application of administrative expense claims. Administrative expenses include the actual costs and expenses of preserving the estate after the commencement of a bankruptcy case. Allowance of an administrative expense claim is governed by section 503 of the Bankruptcy Code. A question arises, however, whether the rules of governing the allowance of claims, under section 502, also applies to administrative expense claims.

Under section 502(d), a court may “disallow any claim of any entity from which property is recoverable . . …

Personal Injury Tort Claims As Core Proceedings In Bankruptcy Courts—Broad, Narrow, And Intermediate Approaches, Brigid Lynn

Bankruptcy Research Library

(Excerpt)

Under 28 U.S.C. § 157(b)(1), “bankruptcy judges may hear and determine all cases under title 11 and all core proceedings arising under title 11.” Core proceedings are those concerning the administration of an estate and the confirmation of plans, among others listed in the statute. However, not considered core proceedings are those regarding “the liquidation or estimation of contingent or unliquidated personal injury tort . . . claims against the estate for purposes of distribution in a case under title 11.” Personal injury tort claims are instead reserved for the district court in which the bankruptcy case is pending …