Payment Obligations Research Articles

KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.

Analyzing Profitability, Leverage, and Company Size on Tax Avoidance: Literature Review

Paying taxes is a citizen's responsibility. According to Tax Law Number 28 article 1, 2007 (KUP), tax is a payment obligation carried out by individuals or legal entities to the state without compensation, and is used to meet tax needs managed by the state. But on the other hand, companies are organized to obtain maximum profits. Differences in the interests of taxpayers and the government can lead to tax avoidance. Several cases also occurred in Indonesia. This research was designed based on the results of a literature review. The aim is to find and assess three components that have the potential to influence tax avoidance. The methodology encompasses a systematic literature review of six articles from Sinta or Garuda indexed journals, all addressing the same topic and published within the past two years. The study's findings suggest that financial leverage, profitability, and the size of a company influence tax avoidance. The aim of this literature review is to deepen understanding and broaden viewpoints regarding the elements that can impact tax avoidance.

JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST

Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's consideration of not accepting the bankruptcy application and the legal consequences for the debtor for the delay in debt payment obligations. This research uses a normative legal approach method or library legal research which is carried out by researching literature materials. Data sources consist of secondary data including primary, secondary and tertiary legal materials. The conclusion is that PT. Amanda Gumulung Sejahtera has met the bankruptcy requirements, namely having more than one creditor and the existence of duet and collectible debts that have been regulated in Law Number 37 of 2004 concerning the Postponement of Debt Payment Obligations.

PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

Foreclosed Collateral as an Alternative for Bad Credit Settlement in Indonesia

Credit loans have the risk of not fulfilling payment obligations. Therefore it is necessary to bind collateral to get a repayment with collateral. if it cannot be anticipated anymore, then lousy credit will occur and must be resolved immediately, credit settlement usually uses the execution of mortgage rights. However, there are alternative settlements regulated in article 12 an of the law of the Republic of Indonesia number 10 of 1998 concerning banking law, namely foreclosed collateral in practice, there are problems regarding the implementation of foreclosed collateral by verdict number 183/pdt/2020/PT SMG and verdict number 24/pdt.g/2019/PN Pti. This study aimed to analyze the implementation of foreclosed collateral as a way to resolve the problem of bad loans. The research method used is normative, using secondary data obtained from library research, including primary, secondary and tertiary legal sources. Therefore, the implementation of the foreclosed collateral taken over by verdict Number 183/PDT/2020/PT Smg is valid because it is through a voluntary submission mechanism, and verdict Number 24/Pdt.G/2019/PN Pti is invalid because there is no agreement and has an impact on debtors and creditors feel harmed.

Violation of the Principle of Lex Superior Derogate Legi Inferiori in the Formation of Circular Letter of the Supreme Court of the Republic of Indonesia Number 3 of 2023

The Supreme Court of the Republic of Indonesia has issued Circular Letter Number 3 of 2023 (SEMA 3/2023), in which one of the special civil formulations has determined that petitions for bankruptcy or postponement of debt payment obligations (PKPU) for developers of apartments and/or flats does not meet the requirements as simple proof as intended in the provisions of Article 8 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (UU K-PKPU). This research examines the differences in regulations in SEMA 3/2023 and the K-PKPU Law. Based on the research results, it is concluded that these differences in regulations are considered a violation of the Lex Superior Derogate Legi Inferiori Principle.

The Meṣad Ḥashavyahu Ostracon in its Regional, Economic, and Political Context

ABSTRACT This article uses updated models of the 7th-century bce economy to argue that the harvesting activities reported in the Meṣad Ḥashavyahu ostracon occurred at a small grain-cultivating site located in the Judahite highlands. The distance between this farmstead and the inscription’s coastal findspot explains why the ostracon was inscribed in the first place: the harvester could not appeal his case in person. As can be detected in the complaint, the granary complex in the Judahite highlands specialised in cereal products and was conversely not designed for the cultivation of a diversity of crops for local subsistence. This economic choice likely originated in Judah’s effort to contribute its own grain surpluses to a broader regional network of trade and commerce, one which was defined by specialised zones of surplus production that originated in the wake of Sennacherib's campaign in 701 bce. Because Egypt built the fortress in which the inscription was found and moreover coerced Judah's king and people into a new system of obligatory payment (2 Kgs 23:29-35), the ostracon represents a stunning glimpse into a time when Judah’s own administration was forcing its labourers to meet the extractive demands of an external power. The commander (śar) in the fortress was the logical authority for the harvester’s case, as (1) a high-ranking figure close to both the Egyptian and Judahite powers, (2) a recipient of inland grain products, and (3) a potential keeper of important transactional documents.

Ökologischer Umbau von Wirtschaft und Gesellschaft: Kosten und Nutzen

Abstract This article weighs up the costs and benefits of the expansion of renewable energy technologies for electricity generation in Germany. According to calculations of the German Ministry of Economic Affairs, this expansion has cost electricity consumers almost 300 billion euros since the introduction of the Renewable Energy Sources Act (EEG) in 2000. Moreover, payment obligations of a similar magnitude are already in place for the next two decades. However, with the accelerated expansion of renewables following Russia’s attack on Ukraine, politicians are accepting costs well in excess of this approximately 600 billion. Given the costs already incurred, a cost-benefit analysis is imperative, not least because further costs in the three-digit billion range are not included in the 600 billion figure, such as the costs for grid expansion, which would not be necessary to the same extent without the expansion of renewables. Against this backdrop, strict attention should be paid to cost discipline in the further expansion of renewables by ensuring that the Federal Network Agency only issues technology-neutral rather than technology-specific tenders for the expansion of renewables in future. This means that only the most cost-efficient renewable technologies will be installed. Consequently, there will be budgetary scope for future investments that could boost the growth potential of the German economy more than the expansion of renewable energies. Contrasting with the high costs, the benefits of expanding renewable energies are modest. For example, the share of renewables in primary energy consumption in 2022 was only around 17 %. With such a low share, achieving greenhouse gas neutrality in 2045 with renewables alone appears to be a tremendous challenge.

Effectiveness of Law Enforcement on Corporate Bankruptcy Status

<p>This study aims to evaluate the effectiveness of law enforcement on the status of bankruptcy in Indonesia. Lawrence M. Friedman's legal system theory is used because it has a comprehensive scope to evaluate the effectiveness of enforcing legislation. This study uses juridical-normative research with statutory and case approach. The laws and regulations studied are Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (KPKPU), while the case study takes the case of the bankruptcy of Telkomsel in 2012. This study finds that bankruptcy law enforcement in Indonesia has not been effective. This is because Indonesian bankruptcy law still has weaknesses in terms of substance, structure, and legal culture. In addition, this study finds that the fundamental weakness of Law no. 37 of 2004 is the application of simple proof as a mechanism for imposing bankruptcy statements to debtors. The application of this simple evidence makes law enforcers (judges) tend to ignore facts other than the two conditions stipulated in Law no. 37 of 2004 to impose bankruptcy status, namely the existence of two or more creditors and the existence of one debt that is due and collectible. In the end, the simple evidence mechanism does not open up opportunities for law enforcement officials to assess the debtor's ability to pay off their debts.</p>

Information and analytical aspects of financial investment management of a medical organization

For Russian companies, solving problems related to the management of financial assets and instruments has become much more complicated under the influence of global changes over the past few years related to external negative political and financial and economic processes. The increase in the scale of activities of commercial medical organizations in recent years, one of the main reasons for which are the negative effects of the recent pandemic on public health, is accompanied by an increase in the volume of services provided, income and income of additional funds that need to be invested in various assets, one of which is financial investments. Restrictions on access to Western financial trading platforms to achieve the necessary efficiency of the organization’s financial portfolio, difficulties in the operation of the system of external financial settlements and payment obligations, and many other risky events led to the need to search for alternative transactions with financial resources of companies, new directions and forms of investments of available funds. The issues discussed in the article are devoted to the creation of an optimal policy for managing investments in financial assets of an organization, which should be based on high-quality information, analytical and methodological support.

Bankruptcy according to the bankruptcy law and postponement of payment perspective of creditor legal protection

The development of the business world is strongly influenced by the business world as one of the economic actors, including the banking business. The business world is also very dependent on the conduciveness of the business climate that supports it. If the business climate conditions are not conducive, it will affect the stability of the business world, and can even cause business actors to suffer losses, which results in the capability and credibility of business actors in carrying out their business activities being disrupted, and can even result in bankruptcy. To maintain the smooth running of their business, business actors must obtain guaranteed protection through legal instruments established by the government. Legal protection given to banks as creditors is needed in maintaining business continuity. This legal protection is very important, considering that banking is an economic joint that supports the most vital national economy. Filing for bankruptcy which requires a minimum of 2 (two) creditors for a bankrupt debtor using the Postponement of Debt Payment Obligation mechanism based on the bankruptcy law and PKPU does not provide a guarantee of sufficient legal protection for creditors.

Enforcing payment obligations under construction contracts by insolvency proceedings

PurposeStates have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act 1996 leads to payment obligations stated either as a contract administrator’s certificate (or equivalent) or an adjudicator’s decision. The purpose of the intervention would be defeated unless there are speedy ways of transforming these pieces of paper into real money. The combination of the legislation, contractual provisions and insolvency law has produced a minefield of complexity concerning enforcement of payment obligations stated in these documents. Unfortunately, the knowledge and understanding required to navigate these complexities have been sorely lacking. The purpose of this paper is to plug this gap.Design/methodology/approachLegal research methods and case study approaches, using relevant court decisions as data, were adopted.FindingsThe enforcement method advised by the court is the summary judgment procedure provided under the Civil Procedure Rules. An overdue payment obligation, either under the terms of a construction contract or an adjudicator’s decision, amounts to a debt that can be the subject of insolvency proceedings. Although the insolvency enforcement method has been successfully used on some occasions, using it purely as a debt collection weapon would be inappropriate and likely to be punished by the court.Originality/valueThe paper contributes to knowledge in two ways: (i) it maps out the factual situations in which these payment challenges arise in language accessible to the construction industry’s professions; and (ii) comparative analysis of payment enforcement methods to aid decision-making by parties to construction industry contracts. It is relevant to the other common-law jurisdictions in which similar statutory interventions have been made.

Kajian terhadap Tanggungjawab Pengurus CV dan Nasib Buruh Terkait CV Dinyatakan Pailit

Bankruptcy is a situation where there is a Bankruptcy Decision against the Debtor from the Commercial Court. In the management of a limited partnership or CV, there are active partners and passive partners, both of which have different responsibilities. Then, in terms of the rights owned by workers, namely wages or salaries, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that there are three (3) types of Creditors, namely Separatist Creditors, Preferred Creditors, and Concurrent Creditors. Then, this research uses a normative research method with primary and secondary legal materials and collects data using literature studies using the snowball method to search for legal materials. The aim of this research is to examine the responsibilities of CV management and the fate of workers related to CV being declared bankrupt. Thus, the results of this research are that there are differences in the responsibilities of CV administrators in the event that a CV is declared bankrupt by the court between CV administrators who are active partners and passive partners. In addition, there is legal protection for workers' rights in the event of bankruptcy, namely the right to fair wages.

Kewenangan Jaksa Pengacara Negara Mewakili BUMN Sebagai Pihak Termohon Dalam Suatu Permohonan Kepailitan Dan PKPU

State-Owned Enterprises (BUMN) are one of the actors in economic activities in the national economy which have an important role in realizing the welfare and prosperity of society. In the case of bankruptcy and postponement of debt payment obligations applications, the Prosecutor's Office has the authority to file a bankruptcy application against the debtor on the basis of public interest. On the other hand, the Prosecutor's Office can also act as a state attorney who has the authority to represent the state or state agency in a case. From the research results, it can be concluded that the authority of the State Attorney to represent the state/state agencies in commercial cases is different from civil cases in general as regulated by Law No. 37 of 2004 concerning Bankruptcy and postponement of debt payment obligations.

Kepastian Hukum Bagi Investor Fintech P2P Lending Dalam Kepailitan Bisnis Menggunakan Pendekatan Business Ready

This writing discusses the influence of legal certainty in the Bankruptcy and Delayed Debt Payment Obligation (PKPU) Law on investor interest in the Fintech Peer-to-Peer (P2P) Lending sector, using the legal certainty theory by Lon Fuller. A potential solution in the form of the B-Ready approach is also proposed to enhance legal certainty for investors through the revision of the Bankruptcy and PKPU Laws. This approach is normatively analyzed through statutory and conceptual approaches. Research findings indicate that the current Bankruptcy and PKPU Laws do not fulfill Fuller's eight elements of legal certainty, particularly regarding the prohibition of conflicting regulations and the alignment of rules with their practical application. This could potentially detrimentally affect investor interest in the Fintech P2P Lending sector due to legal uncertainty jeopardizing their investments. The B-Ready approach emerges as a potential solution by identifying seven aspects in the Draft Bankruptcy and PKPU Laws that can facilitate business ease for investors when facing business bankruptcy. Overall, a review of the Bankruptcy and PKPU Laws is crucial to establish a clearer and advantageous legal environment for investors in the Fintech P2P Lending sector. The B-Ready approach holds potential as a foundation for revising regulations, ensuring the necessary legal certainty for investors.

New Challenges Affecting the Tax Security of Russia

Taxes and other obligatory payments are the main source of budgetary income, their establishment and collection — a manifestation of one of the system-forming, sovereign rights of the State. This makes tax revenues essential for the stable development of the economy and national security. This makes tax revenues essential for the stable development of the economy and national security. The adequacy of tax resources makes it possible for the State to realize such basic legal values as the protection of mothers and children, social security for vulnerable categories of citizens, medical care, the right to education and others. The study considers the essence and types of new challenges affecting the tax security of Russia and the economic effects of the identified challenges to the fiscal base of the state.

Behavioral Dynamics in Implementation and Challenges in PT. Sky Energy Indonesia Tbk Responsibility Accounting

This research aims to analyze behavioral dynamics in the implementation of responsibility accounting and identify the challenges faced by PT Sky Energy Indonesia Tbk in the financial and operational context. This study is a case study analysis by collecting data through company annual report and the latest news to understand the financial condition, governance and operational challenges faced by the company. The research results show that PT. Sky Energy Indonesia Tbk experienced a decline in sales, faced a Postponement of Debt Payment Obligation (PKPU) process, and was at risk of being delisted from the Indonesian Stock Exchange (BEI), which was exacerbated by the impact of the COVID-19 pandemic. Although annual reports demonstrate a commitment to transparency and sustainability, the findings indicate a gap between commitments and actual practices. This research recommends that to overcome this challenge, PT. Sky Energy Indonesia Tbk needs to increase transparency, operational efficiency, focus on renewable energy, strengthen governance, and develop a solid financial strategy. These steps require a strong commitment from companies to adaptation, innovation and long-term sustainability. This research provides insight into the importance of responsibility accounting in facing financial and operational challenges, as well as contributing to the literature on corporate governance and sustainability in Indonesia.

Ratio Legis of Bankruptcy and Suspension of Debt Payment Obligations to Fulfil Creditors' Rights

Law No. 37 of 2004 concerning Bankruptcy and PKPU was established to address the debtor's obligations amidst financial incapacity. However, Law No. 37 of 2004 is invoked as the underlying basis by corporations seeking to absolve themselves from debt obligations. The objective is to understand corporate rescue, the principles of commercial exit from financial distress, and their connection to the fulfilment of creditor rights in the PKPU or Bankruptcy processes under Law No. 37 of 2004. The research methodology is empirical juridical, with the primary data as the main source, supplemented by secondary data through observations and interviews, with qualitative analysis and inductive conclusions. The research findings indicate that the simplified evidentiary outlined in Law No. 37 of 2004 is inappropriately invoked as the legal basis for Debtors is financially solvable and viable. Consequently, this leads to creditors losing. Moreover, Law No. 37 of 2004 is considered irrelevant; the emphasis should shift towards the concept of corporate rescue as a principle for business continuity. This approach aligns with practices in developed countries within the EU, as outlined in Chapter 11 of the United States Bankruptcy Code, to be used as a parameter to revise Law No. 37 of 2004.

¿Por qué la cuenta de pérdidas y ganancias de los bancos centrales no importa (tanto)?

Rationale Central banks in some developed countries have started to record, or will soon record, losses. These losses are due to the structural changes in their balance sheets after the exceptional measures adopted during the economic crises of recent years, which were necessary to maintain price stability. This article explains why these losses are expected to be temporary and why central banks can continue to perform their functions and deliver on their mandate even when incurring losses. Takeaways •A central bank’s aim is not to maximise profits, but instead to use monetary policy to achieve price stability. •Central banks cannot be insolvent as they issue the currency (base money) with which they continue to cover their operating expenses and meet their present and future payment obligations. •There are numerous examples of central banks that have continued to deliver on their mandates even when incurring losses. In these cases, a robust legal framework that protects central banks’ autonomy is key.

HAK EKSKLUSIF BANK INDONESIA MENENCABUT IZIN USAHA, PEMBUBARAN BADAN HUKUM DAN LIKUIDASI BANK (PERSPEKTIF HUKUM PERBANKAN NASIONAL)

This research is intended to systematically describe and analyze the role of Bank Indonesia authorities as creditors and supervisors and supervisors of banks in maintaining the soundness of banks based on the national banking system, regulating the revocation of business permits, dissolution of business entities and liquidation of banks based on the national banking system and the relevance of granting exclusive rights. to Bank Indonesia to file bankruptcy against the bank based on the Bankruptcy Law and the Banking Law. This type of research is normative juridical, with a statutory and conceptual approach. Based on the research results, it shows: firstly, that Bank Indonesia's authority as a creditor is anticipating financial difficulties faced by a bank within a certain period of time by providing loans with a maximum repayment period of 90 days (3 months). Meanwhile, Bank Indonesia's authority as supervisor and supervisor is aimed at improving the performance of a bank which is determined on the basis of asset quality, management quality, liquidity, profitability and solvency as an effort to increase public confidence in banks. Second; One of the recommendations from Bank Indonesia for one of the banks which, based on Bank Indonesia's assessment, is difficult to save is to revoke the business license, disband the business entity and liquidate the bank. Third: Although based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, it is determined that a bank's bankruptcy statement can only be submitted by Bank Indonesia, but because operationally and institutionally banks have different characteristics from other business entities, the implementation bankruptcy of a bank becomes ineffective, especially if it is linked to the principle of Lex Specialis Derogat Lex Generalis