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Legal Protection for Debtors in Standard Contracts Related To the Application of the “Cross Default†Clause in Credit

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  • Ferry Anka

    (Doctor of Law Program, Universitas Jayabaya, Jakarta-Indonesia)

Abstract

Efforts for stolen asset recovery as a result of criminal acts of corruption are always not an easy task. This is because the corruption offenders have many broad access and they are difficult to reach in terms of hiding or money laundering. Stolen assets recovery from corruption are increasingly difficult to do because the so called save haven has crossed the country’s territorial boundaries and as an organized crime, even corruption often involves corporations as the perpetrator. Method research used normative legal model. Sources of data in this study were secondary data. The data was collected by using literature study and interviews, while the data analysis technique used was qualitative normative methods. The result of this research is that arrangement and position of state attorneys in efforts to recover state assets due to criminal acts of corruption play a very important role. Prosecutors as state lawyers have a role to enforce the law by filing a lawsuit or petition to the Court in the civil field as stipulated by statutory regulations in order to maintain legal order, and protect the interests of the country and government as well as the civil rights of the people.

Suggested Citation

  • Ferry Anka, 2021. "Legal Protection for Debtors in Standard Contracts Related To the Application of the “Cross Default†Clause in Credit," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 5(6), pages 39-42, June.
    • Handle: RePEc:bcp:journl:v:5:y:2021:i:6:p:39-42
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    References listed on IDEAS

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    1. Jean-Pierre Brun & Anastasia Sotiropoulou & Larissa Gray & Clive Scott & Kevin M. Stephenson, 2020. "Asset Recovery Handbook," World Bank Publications - Books, The World Bank Group, number 34843, December.
    2. David U. Enweremadu, 2013. "Nigeria’s Quest to Recover Looted Assets: The Abacha Affair," Africa Spectrum, Institute of African Affairs, GIGA German Institute of Global and Area Studies, Hamburg, vol. 48(2), pages 51-70.
    3. M. Idris Sihite & Muhammad Mustofa, 2021. "Asset recovery policy strategy of corruption proceeds placed abroad within the perspective of the state as a victim," Technium Social Sciences Journal, Technium Science, vol. 19(1), pages 15-38, May.
    4. Larissa Gray & Kjetil Hansen & Pranvera Recica-Kirkbride & Linnea Mills, 2014. "Few and Far : The Hard Facts on Stolen Asset Recovery," World Bank Publications - Books, The World Bank Group, number 20002, December.
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