Requisitoire Law Enforcement

Effectiveness of bankruptcy assets settlement on bankruptcy assets abroad

2025-08-01T07:30:57+00:00

The purpose of this study is to find out and analyze how effective the settlement of bankruptcy assets is on bankrupt assets located abroad and to find out and analyze the factors that affect the effectiveness of bankruptcy settlement of bankruptcy assets located abroad. This type of research is Research in general can be classified into two types, namely sociological empirical research (field), which is research conducted with an approach to legal reality in society. This research is based on the existence of a symptom in the form of a gap between expectations (das solen) and reality (das sein) in the field of law. and normative research, which is research conducted by approaching legal norms or substances, legal principles, legal theory, legal postulates and legal comparison. In this study, the author uses juridical normative law research with a qualitative approach. The effectiveness of the settlement of bankruptcy assets against bankrupt assets located abroad includes by submitting an application through the court in the country where the debtor's property is located, through bilateral agreements, diplomatic channels, and using the UNCITRAL Model Law on Cross Border Insolvency with Guide to Enacment. In the solution, of course, it will be easier to use the UNCITRAL Model Law on Cross Border Insolvency with Guide to Enacment, but until now not all countries in the world have ratified so that countries that do not ratify this provision cannot be used, Factors that affect the effectiveness of the settlement of bankruptcy assets against bankrupt assets located abroad: Legal Knowledge Factor, Public awareness factors, community cultural factors, facilities and facilities factors.

Civil liability for environmental damage from mining on small islands: PT Gag Nikel Case after Constitutional Court Decision No. 35/PUU-XXI/2023

2026-01-15T01:52:29+00:00

This study aims to examine the qualification of PT Gag Nikel’s mining activities as unlawful acts (perbuatan melawan hukum) and to formulate the appropriate model of civil environmental liability following Constitutional Court Decision No. 35/PUU-XXI/2023. This research employs normative legal research using a statutory, conceptual, and case approach by analyzing constitutional norms, environmental legislation, and relevant judicial decisions. The analysis demonstrates that the Constitutional Court decision repositions ecological protection as an imperative norm that prevails over administrative compliance. Consequently, mining activities on small islands that result in ecological degradation are materially unlawful, regardless of the existence of formal permits. From the perspective of Indonesian environmental civil law, such activities trigger strict liability as regulated under Article 88 of Law No. 32 of 2009 on Environmental Protection and Management. The study concludes normatively that PT Gag Nikel bears civil liability for environmental damage without the need to prove fault. The liability extends beyond monetary compensation to include full environmental restoration (restitutio in integrum) and ecological compensation, in accordance with the polluter pays principle and the constitutional right to a good and healthy environment. This construction affirms that administrative permits do not function as a justification to negate civil responsibility for environmental harm on small islands.

Normative analysis of the interpretation of the element of defamation in the decision of the East Jakarta PNTL No. 203/PID.SUS/2023 reviewed from the decision of the MK 50/PUU-VI/2008

2025-12-26T02:32:49+00:00

The application of Article 27 paragraph (3) of the Electronic Information and Transactions Law still causes debate, especially regarding the interpretation of defamation in the digital space. The Constitutional Court, through Decision Number 50/PUU-VI/2008, has emphasized the importance of limiting the interpretation of this norm by requiring a clear distinction between opinion and factual allegations that can be verified. However, in judicial practice, the consistency of the application of these constitutional parameters is still questionable. This study aims to analyze how the East Jakarta District Court interpreted the element of defamation in Decision Number 203/Pid.Sus/2023 and assess its conformity with the interpretation parameters formulated by the Constitutional Court. This study uses a normative legal research method with a regulatory approach, a case approach, and a conceptual approach. Data was obtained through a literature study of court decisions, regulations, and relevant legal literature, then analyzed qualitatively through legal reasoning and normative comparison. The results of the study show that the East Jakarta District Court acquitted the defendant based on the qualification of the statement as an opinion, without systematically elaborating on the testing of the factual content and context of the statement. This interpretation does not fully reflect the constitutional parameters that require a step-by-step analysis, particularly regarding the verifiability of statements and potential attacks on a person's honor. This study concludes that there is a discrepancy between the interpretation standards set by the Constitutional Court and their application in the verdict. The contribution of this study lies in emphasizing the importance of a more structured interpretation framework to ensure legal certainty while protecting freedom of expression in electronic defamation cases.

Business operator liability according to Article 19 of Law Number 8 of 1999 in the case of Wedding Organizer Ayu Puspita

2025-12-27T09:51:12+00:00

The case of the wedding organizer Ayu Puspita illustrates the unresolved legal problem concerning the extent of business operator liability when service performance fails to meet contractual expectations. The disparity between the promised service package and its actual execution resulted in both material and immaterial losses to consumers, raising questions regarding the effectiveness of Article 19 of Law Number 8 of 1999 on Consumer Protection. This study analyzes the legal construction of business operator liability in wedding organizer service agreements and evaluates the extent to which Article 19 provides a substantive basis for determining compensation. This research employs a normative juridical method using statutory and conceptual approaches, supported by primary legislation and secondary legal literature. The findings indicate that although Article 19 normatively establishes a clear obligation for business operators to compensate consumer losses, its implementation in the wedding service sector remains inconsistent due to weak compliance, asymmetric bargaining positions, and limited consumer legal awareness. The study contributes to the development of consumer protection law by demonstrating that service-based transactions—particularly wedding services—require a more explicit operational framework for business operator liability to prevent legal uncertainty. Strengthening preventive legal awareness and enforcement mechanisms is therefore necessary to ensure fairness and legal certainty for consumers in the provision of wedding services.