Reformasi Pendidikan Hukum Di Indonesia

Juwana, Hikmahanto

doi:10.21143/jhp.vol35.no1.1458

Cited by 6 publications

(6 citation statements)

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“…This impedes the smooth resolution of debts to creditors, a process that ideally should proceed without complications. (Juwana, 2005) argues that Law Number 37 of 2004 does not necessitate insolvency as a prerequisite for declaring bankruptcy. The phrase 'failure to fully pay the debt' in Law Number 37 of 2004 allows a bankruptcy decision to be enforced without considering the actual financial condition of the debtor or the reasons behind the inability or unwillingness to pay the debt (Wijayanta, 2010).…”

Section: Issues In Bankruptcy Law Requirements and Summary Proof Acco...mentioning

confidence: 99%

The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia

Tan,

Sudirman,

Fiorentine

2024

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The provisions pertaining to bankruptcy and summary proof in Law Number 37 of 2004 present various drawbacks in their application, particularly impacting debtors. Debtors can be declared bankrupt with relative ease, and the requirement for declaring bankruptcy does not directly indicate the debtor’s insolvency. This can present difficulties for other creditors, as the leniency in bankruptcy requirements for debtors is viewed as means to accelerate debt resolution, even though not all face the same circumstances. This research will focus on the issues regarding the urgency of revising Law Number 37 of 2004, specifically with regard to the conditions for bankruptcy and summary proof. The method used in this research is the doctrinal legal research method, which entails scrutinizing literary sources, legal theories or principles, research journals, and legislative regulations to analyze the subject of the research. Furthermore, a comparative approach is adopted to evaluate the development of Indonesian law by examining the bankruptcy legal frameworks in France and the Netherlands. The study concludes that the pressing need for amendments to the conditions for bankruptcy and summary proof in Law Number 37 of 2004 necessitates a responsive legal system. This can be achieved through a comprehensive review of problematic regulations. Therefore, the incorporation of additional measures, such as an insolvency test and a proactive approach by judges, establishes a regulatory mechanism that can be viewed as a responsive outcome in the future.

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Section: Issues In Bankruptcy Law Requirements and Summary Proof Acco...mentioning

confidence: 99%

The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia

Tan,

Sudirman,

Fiorentine

2024

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“…Referring to Table 2, it can be interpreted that the education and training system for health workers, especially clinical doctors tends to have more knowledge, skills, and field practice and is designed in a planned manner when compared to the education system in the field of law. Legal education held in Indonesia for a long time has not clearly distinguished between academic and professional legal education (Juwana, 2017). According to Juwana (2017), the distinction between the two types of legal education is important because students who study law academically are uncertain and cannot necessarily apply it in practice.…”

Section: The Regulations As a Cure For Diseases In The Indonesian Leg...mentioning

confidence: 99%

Indonesian Law: Development and Renewal

Sihombing

2024

BLR

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This article aims to examine in depth the legal system in Indonesia. However, this study presents and limits the description of the development and renewal of Indonesian law. To explore more deeply, this article discusses the tendency of the Indonesian legal system to be considered ineffective when examined from the legal system, developments, and reforms, as well as regulations as medicine for diseases in Indonesian law. The research method used is normative juridical legal research using a qualitative descriptive analysis method approach, and processing primary data and secondary data. The findings of this study are that development and legal reform in Indonesia are expected to be more effective, efficient, and meaningful. Therefore, the Indonesian legal system must be built and renewed in accordance with the hierarchy of laws and regulations and carried out by specialist legal scholars who are proportional and professional with the character of Pancasila as human capital in the field of law. Thus it is hoped that the development and renewal of Indonesian law will be in harmony with the fourth paragraph of the Preamble of the 1945 Constitution, Pancasila. This study is useful for the government and legislators as well as other stakeholders such as academics, legal observers, and the general public who are expected to become ideas and references in making efforts to develop and update Indonesian law as a social engineering tool to solve individual and social problems, and also as medicine to cure disease in Indonesian law.

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“…First, the police are blamed and accused of defamation or settlement. Second, the legal mafia is generally condemned; Third, the law is ready to be played, "hurt," even only for people who have a high social position; Fourth, weak legal requirements and loss of public trust; Fifth, passive individuals underestimate and carry out the process of equalizing the road (Juwana, 2017).…”

Section: Law Enforcement Challengementioning

confidence: 99%

Legal challenges and applications in Indonesia

Widjaja

2022

lingcure

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The challenge and application of law in Indonesia is to find the relevance of the thoughts of academics, researchers, and policymakers in the Jokowi era, which is the core objective of this study. We believe that from applying the law in a country is the key to the success of leadership supported by academic thinking and government or public policymaking. For this reason, we have reviewed many of the findings of scientific studies that we have summarized from various scientific and practitioner points of view and also various views from different countries, all of which we found in various legal journal applications, books, and also websites for democracy and justice and justice. Before presenting this data as findings, we first answer high-quality questions. We have used a phenomenological approach to get the cellular data, then we have done high echolocation, coding systems, and concluding. Based on the findings of the study data and its discussion, we can summarize that the challenges of legal application in Indonesia can be seen from the irrelevance between the thoughts of academics, experts in this field, and the decision-making governments in enforcing the law in Indonesia.

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Reformasi Pendidikan Hukum Di Indonesia

Cited by 6 publications

References 0 publications

The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia

The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia

Indonesian Law: Development and Renewal

Legal challenges and applications in Indonesia

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