1,720,954 research outputs found
Criminal Policy in Bankruptcy Cases: Fraudulent Acts Before and After Bankruptcy Verdict
No full textThe bankruptcy mechanism is often preceded or accompanied by fraudulent acts. This fraudulent act adversely affects the assets of the bankrupt debtor, hereinafter referred to as the bankrupt boedel. As a result of fraudulent acts committed, parties interested in the bankruptcy boedel suffered losses. Both the old Criminal Code and the new Criminal Code have regulated fraudulent acts that may occur in bankruptcy cases. Although it has been arranged, not much enforcement has been carried out and fraudulent acts still often occur in bankruptcy proceedings. There are three issues discussed in this study: (1) the reasons / causes for fraudulent acts in bankruptcy cases; (2) criminal policy of fraudulent conduct in bankruptcy cases; and (3) reconstruction of criminal policy in bankruptcy cases for the coming era.
The research was conducted using juridical-normative methods by prioritizing secondary data sources as the main data in the study. Approaches used: statutory approach, case approach and concept approach.
The bankruptcy law system as an effort to prevent crime in bankruptcy cases in Indonesia has several weaknesses that allow it to be the cause of fraudulent acts in bankruptcy cases. These loopholes include: (1) excessive authority of the receivership in the management and settlement of the bankrupt boedel; (2) the timing of the management and settlement of the indeterminate bankrupt boedel; (3) recognition of debt only recognized by creditors and debtors;
(4) the habit of going into debt again or attracting new investors as a way of adding short-term liquidity; (5) management and settlement of bankrupt boedel without audit; and (6) the use of difficulty in the execution of civil judgments to prevent the settlement of bankrupt boedels.
There are seven forms of cheating in bankruptcy cases. In order to prevent fraud, there are several non-penal policies contained in various regulations, including: the obligation to disclose the financial statements of limited liability companies regularly; abolition of the authority of the bankrupt debtor and its organs to manage assets after the fall of the bankruptcy judgment; cancellation of 4 Co Promotor, Lecturer in Jurisprudence Study Program, Faculty of Law,
Universitas Sumatera Utara, Medan.
all actions of the bankrupt debtor that have not been completed since the fall of the bankruptcy judgment; limitation of receivership authority
in managing and settling bankrupt boedels; and the implementation of the settlement of bankrupt boedels through public auction. Of the seven forms of fraudulent acts, there are only three acts regulated in the Criminal Code, namely concelament/false statement; collusive involuntary bankruptcy; and strawbuyer/fictious bidder. The regulation in the
Criminal Code is not adequate as a basis for prosecuting fraudulent acts in bankruptcy cases, but it can be supplemented using Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering. In addition, many people and law enforcement still have a wrong understanding regarding criminal liability in bankruptcy cases.
Criminal policies related to fraudulent acts in bankruptcy cases in the future era must pay attention to several things: (1) updating norms in the Bankruptcy Law and Suspension of Debt Payment Obligations; (2) Criminalization of insolvent debtors, organs of insolvent debtors and receivers with and without considering mens rea for fraudulent conduct in civil liciliary cases; (3) law enforcement oriented towards victim return; (4) granting authority to investigate fraudulent acts in bankruptcy cases to the prosecutor's office; (5) the inclusion of criminal provisions in the Bankruptcy Law and Suspension of Debt Payment Obligations; and (6) criminal law enforcement is the last means of law enforcement against fraudulent acts in bankruptcy cases.338 PagesDisertasi Dokto
Disharmonized the Regulation of Biological Resources and its Ecosystem in Indonesia
Get PDFThe goal of state control over natural resources is an anticipatory step to avoid the widest possible use by individuals or legal entities as a means of oppression and exploitation of others. However, in reality, many regulations overlap and are not in harmony with one another. The author of this study uses normative juridical research. The definition of normative juridical is a type of research that emphasizes more on library research, where the materials used will be obtained from laws, literature, mass media, which are related to writing materials. This study found that the arrangement of living natural resources in Indonesia that is less harmonious is: a. Law Number 21 of 2004 concerning Ratification of the Cartagena Protocol On Biosafety To The Convention On Biological Diversity and b. Constitutional Court Decision No.35/PUU-X/2012.
Keywords: Disharmonized, Regulation, Biological Natural Resources, Ecosystem, Indonesia
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
POLITIK HUKUM JANGKA WAKTU PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DI INDONESIA
Get PDFAdanya penelitian ini untuk menganalisa penetapan batas waktu penyelesaian perkara pembayaran utang yang berlatar belakang politik hukum. Sejak UUKPKPU diundangkan 16 tahun yang lalu, perkembangan UUKPKPU sangat rapuh, sehingga penelitian ini sangat diperlukan. Menghadapi tantangan perekonomian nasional saat ini, pelaku usaha dan pakar hukum mengkritisi UUKPKPU terlalu singkat. Selain itu, adanya periode ini masih membuka ruang bagi kreditor dan debitur untuk melakukan fraud. Berdasarkan studi hukum normatif, kesimpulan yang didapakan yaitu: 1) Secara hukum, ketentuan Indonesia yang ditangguhkan mengenai kewajiban pembayaran utang diawasi oleh UUKPKPU. Pada prinsipnya PKPU sendiri dianggap dapat meringankan keterlambatan pembayaran hutang debitur. Harapan debitur memperoleh penghasilan yang cukup untuk melunasi seluruh utangnya dalam waktu yang relatif singkat; 2) baik kreditur dan debitur dalam Kerangka PKPU Pemberian waktu yang sangat singkat untuk penyelesaian kesepakatan damai kedua belah pihak dapat menyebabkan kedua belah pihak ingin mencapai kesepakatan perdamaian yang kurang optimal
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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