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Tenant Rights in Post-Bankruptcy Property Lease Agreements: A Legal Analysis of Curator-Controlled Rental Contracts

Maula Maduri Al Machrusy — 2025-02-01

Legal protection for tenants in the context of property owner bankruptcy in Indonesia remains inadequately regulated, despite the enactment of Law No. 37 of 2004. When a property owner is declared bankrupt, leased assets become part of the bankruptcy estate managed by the receiver to satisfy creditors' claims. This situation often raises legal issues, particularly concerning tenants’ rights to continue using the property until the lease term ends. This study aims to evaluate the validity of lease agreements post-bankruptcy and analyze the role of receivers and judicial considerations in resolving lease disputes. Using a normative juridical approach, this research examines primary and secondary legal materials. The findings reveal that bankruptcy alters the legal status of property owners and may threaten tenants’ rights. Inconsistent court decisions exacerbate legal uncertainty for tenants. However, tenants are recognized as concurrent creditors entitled to claims without specific time limitations for registration. This study emphasizes the necessity for clearer regulations to ensure the protection of tenants’ rights in bankruptcy cases.

Legal Legal Protection for Apartment/Condominium Consumers Post Supreme Court Circular Number 3 of 2023

Rafli Andi Pangestu — 2025-02-01

The issue of bankruptcy in disputes over the purchase of apartments or flats remains complex to this day, often leaving consumers at a disadvantage due to actions committed by developers. A bankruptcy petition must generally meet certain prerequisites before being submitted to the Commercial Court, such as the requirement that the debtor (developer) must have at least two creditors, with at least one debt due and collectible, and the petition must be granted if there is simple proof or evidence. The Supreme Court issued SEMA No. 3/2023, which has sparked controversy as it appears to limit the context of simple evidence in bankruptcy and suspension of debt payment obligations (PKPU) petitions against apartment or flat developers. The issuance of this circular has adversely affected consumers or buyers of apartments/flats, as developers cannot be declared bankrupt, even though bankruptcy serves as a quick solution for consumers to reclaim their rights. Therefore, the author aims to explore the various legal protections and remedies available to consumers disadvantaged by the issuance of SEMA No. 3/2023. This study employs a legal research method, relying on a statute approach and a conceptual approach, analyzed through primary legal materials such as legislation and secondary legal materials. The findings indicate that apartment or flat consumers may pursue alternative legal remedies besides bankruptcy, including canceling the sale and purchase agreement, claiming compensation, and even initiating criminal charges for losses caused by the developer.

Integrating Deep Ecology into Corporate Environmental Responsibility: A Sustainable Model for the Mining Sector

Armansyah Armansyah — 2025-02-03

This research aims to analyze the implementation of Environmental Corporate Responsibility (ECR) through the Corporate Social Responsiveness (CSRv) Model in the mining industry by incorporating the Deep Ecology Concept to achieve justice in sustainable development. The research adopts a normative juridical method, employing legal, conceptual, comparative, and case study approaches, along with an analysis of legal issues related to applicable environmental regulations and policies. The findings indicate that the application of ECR through the CSRv Model is crucial for companies to effectively address social and environmental demands. This approach involves the use of appropriate mechanisms and the active participation of communities in the planning, implementation, and evaluation of ECR initiatives, ensuring they align with the company’s goals and strategies. The ECR model, as CSRv, illustrates the potential for companies to manage their social and environmental responsibilities sustainably. In the mining sector, CSRv provides a comprehensive solution for sustainable development by focusing on the responsible management and protection of natural resources. By incorporating Deep Ecology values into CSRv practices, mining companies can contribute to both human well-being and environmental sustainability, measured through the effectiveness, appropriateness, sustainability, empowerment, and participation rates of ECR programs. This holistic approach guarantees that mining activities are conducted responsibly and sustainably.

The Philosophical Approach to the Existence of Business Law: Comparison of Indonesia, Vietnam, and Ghana

I Gede Agus Kurniawan — 2025-02-03

Business law plays an important role in regulating the global and local economy, with different philosophical approaches in Indonesia, Vietnam, and Ghana, influenced by their respective legal traditions, cultures, and politics, while facing challenges in the implementation of effective, fair regulations that align with local values. This research aims to analyze how the philosophical and moral foundations of business law in Indonesia, Vietnam, and Ghana shape their legal frameworks and responses to economic globalization, taking into account the social, cultural, and political contexts of each country. This research uses a normative legal method with philosophical, comparative, and conceptual approaches to analyze business law regulations in Indonesia, Vietnam, and Ghana, and to identify the values underlying the business law systems in these countries, through the collection of data from primary, secondary, and tertiary legal materials, which are analyzed qualitatively and descriptively-analytically. The research findings indicate that the philosophical and moral foundations of business law in Indonesia, Vietnam, and Ghana reflect the socio-cultural and political backgrounds of each country, which also shape their responses to economic globalization. Indonesia relies on the principle of distributive justice based on religious and customary values, despite facing challenges of bureaucracy and corruption. Vietnam emphasizes socialist ideology with a focus on collectivism and social protection, which aligns with market liberalization to attract investment. Ghana, combining English common law and customary law, stresses the supremacy of law and transparency, though limited by weak legal infrastructure. These three countries demonstrate the importance of local philosophy and morality as a foundation for building adaptive business law regulations that remain rooted in national identity.

The Immediate Bankruptcy Decision: The Role of Curators and Supervisory Judges in Ensuring Justice and Legal Certainty

Anita Kadir — 2025-02-03

This research examines the urgency of implementing an immediate bankruptcy decision in Indonesian bankruptcy law. The main issues raised were how bankruptcy judgments can be implemented even though they do not have permanent legal force, as well as how curators and supervisory judges ensure justice for creditors and debtors. The purpose of this study is to analyze the legal basis of instant judgments in bankruptcy, distinguish their application from ordinary civil procedure law, and examine how the principles of justice and legal certainty can be fulfilled in this process. The research method used is a normative juridical approach, with an analysis of primary and secondary legal materials, including Bankruptcy Law No. 37/2004, court decisions, and legal literature. The results of the study show that the bankruptcy verdict is immediate and provides a guarantee of rights protection for creditors by allowing the curator to manage the debtor's assets directly. This is supported by the role of the supervisory judge, who ensures that the curator's duties are carried out fairly. Although a bankruptcy judgment can be overturned at the cassation or review level, the actions taken by the curator remain valid and binding. The recommendations of this study are the importance of strict monitoring in the settlement process to ensure fairness for all parties, as well as the need to strengthen regulations to optimize the supervisory function by supervisory judges to maintain a balance between the rights of creditors and debtors.

Legal Analysis of Shopee's Monopoly Practices concerning Business Competition in Indonesia

Rendy Dwi Syahputra — 2025-02-04

The rapid advancement of information and communication technology has profoundly influenced multiple facets of human life, including the trade sector, which has evolved into a digital platform commonly known as e-commerce. In Indonesia, e-commerce has transformed consumer behavior and created significant opportunities, especially for Micro, Small, and Medium Enterprises (MSMEs), enabling them to reach broader markets without extensive physical infrastructure. However, this rapid growth also introduces new challenges, particularly regarding monopolistic practices by dominant platforms such as Shopee. Through a vertical integration strategy, Shopee has expanded its reach into the logistics sector with Shopee Express, allowing it to control logistics processes directly. While this integration can enhance efficiency, it also presents competitive challenges for third-party logistics providers and has the potential to limit consumer choices.This study uses a normative legal research approach to examine alleged violations of Articles 19 and 25 of Indonesia's Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, specifically regarding Shopee’s practices through Shopee Express. The findings indicate that Shopee’s approach may restrict market access for other logistics providers, creating an environment that stifles competition and undermines consumer choice, the introduction of an integrity pact between Shopee and the Business Competition Supervisory Commission (KPPU) has been a crucial step towards addressing these competitive imbalances. The study concludes with recommendations for stronger regulatory oversight by the KPPU to enforce fair practices and an emphasis on raising consumer awareness.

The Indonesian Consumer Protection Law for Credit Union Depositors in Credit Union Failures: Quo Vadis?

Uswatun Hasanah — 2025-02-11

The 2023 credit union reforms in Indonesia have yet to thoroughly manage the protection system for credit union customers. Discriminative settlements are applied when credit unions fail to return savings. Unlike insurance companies and banks, their customers are fully protected by the Deposit Insurance Corporation when the financial institutions become insolvent. The study aims to analyze the consumer protection law implemented for credit union depositors upon the enactment of Law No. 4 of 2023 by focusing on 3 crucial issues: dual settlement of credit union regulation and credit union is covered in the Financial Services regime as well as consumer law protection should credit unions encounter failures. It is a normative and conceptual study which employs statutory law approaches to draft legal arguments on quo vadis credit union consumer protection law. The study shows that regulation reforms have successfully ended the dual settlement. However, the regulation reforms merely demonstrate the inclusion of credit unions within the financial services regime under the Financial Services Authority without providing any protection regulation addressed to credit union customers should credit unions fail. As a result, credit union depositors are unable to retain their rights due to the legal protection unavailability.

Is Indonesia Ready for a Sustainable Procurement Revolution in Goods and Services?

Kusnatun Kasanah — 2025-02-19

In the globalisation era, issues pertaining to sustainable development have assumed a position of paramount importance in the realm of international development. This phenomenon is further accentuated by the United Nations' establishment of the Sustainable Development Goals, which mandate that the developmental trajectories of nations worldwide must be aligned with the tenets of the SDGs. The ramifications of this directive extend to all facets of society, including the acquisition of goods and services. The present article thus seeks to undertake a comprehensive analysis of the procurement of goods and services based on sustainable principles within the Indonesian context. The present study adopts a dual approach, encompassing both a legal research methodology and a conceptual and statute approach. Sustainable procurement is the process of acquiring goods and services that take into account environmental, social, and governance factors. Its goal is to provide a positive impact on the environment, society, and economy. The benefits of sustainable procurement include enhancing reputation, cost savings, improving efficiency, reducing risks, increasing resilience, promoting innovation, and fostering growth. To implement sustainable procurement, organizations can use ISO 20400, an international standard that provides guidelines for developing a sustainable purchasing approach. Procurement of goods/services is essential for government activities, both at the central and regional levels, according to Presidential Regulation Number 16 of 2018 regarding Procurement of Goods/Services for the public The internalization process of sustainable procurement aspects includes implementing environmentally friendly procurement at every stage of procuring goods/services. Support for the sustainability of public procurement requires a rational and instrumental approach towards the community.

Urgency of Regulation of Administrative Sanctions on Employers Who Do Not Pay Severance

Lisnawaty Lisnawaty — 2025-02-23

One of the industrial relations disputes that often occurs is Termination of Employment by employers that harms workers' rights, especially the provision of severance pay. Settlement of Disputes due to Termination of Employment through the courts does not guarantee legal certainty for the fulfillment of the rights of justice seekers, especially workers/laborers because it takes a very long time and process. The long time and process create a lack of legal certainty which fails to realize proportional justice, both for employers and workers/laborers. This study aims to find an effective and efficient solution in order to find workers' rights, in the form of severance pay due to termination of employment, through the regulation and imposition of administrative sanctions against employers who do not pay severance pay. The study raised two problems: how is the legal protection for terminated workers based on the Employment Law? how urgent is the regulation of administrative sanctions for employers who do not pay severance pay due to termination of employment; Employment? The formulation of the problem above is analyzed using the normative legal research method, namely research that focuses on the study of legal materials that are used as references for discussing problems, both primary legal materials and secondary legal materials. The approach used in this research also uses a legislative approach and a conceptual approach. After conducting a legal, theoretical and philosophical analysis, the following findings were obtained: legal protection for workers/laborers who experience termination of employment (PHK) includes guarantees of fulfillment of all normative rights that should be received by workers/laborers. The urgency of regulating administrative sanctions against employers who do not pay severance pay due to termination of employment, philosophically is a form of realization of improving welfare as mandated by the provisions of Article 28 D paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The solution offered in the form of regulating and imposing administrative sanctions for employers who do not pay severance pay due to termination of employment for workers/laborers is seen as primum remedium in enforcing labor laws that are more effective, efficient, fair and have legal certainty.

Government Power in Property Law: Control, Conflict, and Contestation in Indonesia and Nepal

Anang Sugeng Cahyono — 2025-02-27

This study discusses the comparison of government authority regulations in property law between Indonesia and Nepal, including the challenges and their impact on individual rights, indigenous communities, and the implementation of public policies in the context of infrastructure development, urbanization, and environmental protection. The purpose of this research is to analyze the differences and similarities in the limitations of government authority in property law as well as governance mechanisms and public services related to property law in Indonesia and Nepal. This research employs a normative legal method with statutory, comparative, and conceptual approaches, along with descriptive, interpretative, and comparative analyses of primary, secondary, and tertiary legal materials to examine the limitations of government authority in property law in Indonesia and Nepal, focusing on public policy and public services. The study finds that Indonesia and Nepal share similarities in prioritizing public interests in limiting government authority over property law but differ in their legal approaches; Indonesia combines civil law, customary law, and Islamic law with an emphasis on collective management, while Nepal, influenced by common law, focuses more on land redistribution for social justice. Challenges such as agrarian conflicts in Indonesia and resistance to redistribution in Nepal highlight the need for transparent and fair governance. In property governance, Indonesia excels in digitalization through programs like PTSL, while Nepal emphasizes community participation through land redistribution, although both face obstacles such as regulatory overlap in Indonesia and geographical constraints in Nepal.

The Corporate Social Responsibility Regulation in the Development of Business Law: Comparison of Indonesia and Thailand

Nancy Silvana Haliwela — 2025-02-27

The regulatory approach to CSR in Indonesia is mandatory through legislation, while in Thailand, it emphasizes a voluntary approach based on incentives, analyzing its impact on corporate behavior, sustainable development, and the effectiveness of CSR implementation. The purpose of this research is to analyze the differences in CSR regulations between Indonesia and Thailand, as well as to identify the strengths and weaknesses of each approach in influencing the implementation of corporate social responsibility towards society and the environment. This study employs a normative legal method with a legislative approach to analyze the differences in CSR regulations between Indonesia and Thailand, using primary, secondary, and tertiary legal materials analyzed descriptively, analytically, and comparatively. The research findings reveal that the differences in CSR regulations between Indonesia and Thailand reflect contrasting approaches in the implementation of corporate social responsibility. Indonesia mandates CSR through legislation, providing legal certainty and formal oversight, though often resulting in programs that tend to be formalistic and lack innovation. On the other hand, Thailand adopts a voluntary approach that promotes flexibility and creativity, enabling companies to focus more on long-term sustainability, although participation is often limited to large corporations. These differences highlight that Indonesia's mandatory regulation is more effective in ensuring compliance, whereas Thailand's voluntary approach excels in fostering innovation and local relevance.