The Indonesian bankruptcy regime tends to be harsh to the debtors, especially the individual debtors. In contrast, the creditors possess the right to pursue the debtor’s outstanding debts even after the bankruptcy process. For that reason, this article aims to argue why it is rational for the Indonesian government to implement a debt discharge policy in the Indonesian bankruptcy regime. This article employs a normative research method, using a conceptual and comparative approach. The result of this study is based on the debtor cooperation theory and the humanitarian theory of debt discharge. Hence, it is rational for the Indonesian government to implement a debt discharge policy for individual debtors. The first and second Sila of Pancasila is also in line with these theories. Consequently, as a member of society, the individual debtor should be treated with dignity and humane values, which includes debt forgiveness. Nevertheless, not every debtor is deserves to be discharged from his debts. Therefore, it is rational for the Indonesian government to implement the debt discharge policy in the amendment of Indonesian bankruptcy law to protect the honest but unfortunate individual debtors.
The resolution of customary land conflicts often does not bring results. The protracted conflict inflicted losses on both sides. The community cannot benefit from the land that is their customary right because it is under the control of the Oil Palm Plantation Company (PPKS), while PPKS cannot operate comfortably because it must always face community demands. Until now, there are still conflicts in oil palm plantations that occur between indigenous peoples in Kampar Regency, Riau Province and PPKS. Based on these conditions, the legal issue that is also the main problem in this study is why there is a land conflict between oil palm plantation business investors and indigenous peoples and how the parties resolve it. The author found that the conflict occurred due to differences in views on customary land, the non-implementation of deliberations with indigenous peoples before investment was made, and government policies. Conflict resolution is carried out using different means according to the cause of the conflict.
Era globalization, environmental management and protection become important matters. Environmental issues nowadays have become not only local or trans-local issues but also regional, national, transnational, and global issues. On that matter, banks in Indonesia transform their business activities by implementing the green banking concept, in which national banks nowadays consider environmental management and protection aspects in their operational activities. However, the absence of statutory regulations in Indonesia which explicitly stipulate obligations for a bank to include provisions for environmental management and protection requires legal renewal in the application of the green banking concept to banking management in Indonesia. This research aims to review the definition and history of green banking and the urgency of the green banking concept implementation in Indonesia. This research is normative legal research in which using a statute approach. The legal materials used in this research are derived from primary and secondary legal materials. The legal material collection technique used in this research is a library research technique. The data in which sourced from legal materials in this study were analyzed using a qualitative approach.
Bankruptcy is a system that was created to provide financially distressed debtors relief from their debts while providing the creditors with a fair portion of the debtors’ assets. Unfortunately, certain parties might attempt to beat the system unfairly. The goals of this study are to compare Title 18 United States Code with Indonesia’s legal system regarding bankruptcy fraud and how the Indonesian bankruptcy law ought to be in regulating bankruptcy fraud. This research is qualitative, using a black letter method and legal comparative approach. The result of this study shows that Indonesian bankruptcy law does not regulate provisions regarding bankruptcy fraud as comprehensive as Title 18 United States Code. It is suggested that the Indonesian government amends the bankruptcy law, therefore the public’s confidence in the bankruptcy system can be preserved while providing a deterrence effect for the participants who might exploit the bankruptcy system for their advantages. Keywords: bankruptcy; bankruptcy crime; fraud; white collar crime
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