Legal Remedies Against Bankruptcy Decision Following Constitutional Court Decision No. 23/PUU-XIX/2021 (original) (raw)
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https://www.ijrrjournal.com/IJRR\_Vol.8\_Issue.1\_Jan2021/IJRR-Abstract036.html, 2021
In connection with the bankruptcy issue, in this case PT. Inti Kapital Sekuritas, formerly known as PT. Andalan Artha Advisindo Sekuritas, for filing a bankruptcy application made by two creditors namely Ghozi Muhammad and Azmi Ghozi Harharah who are customers of PT. Inti Kapital Sekuritas. The court has handed down the previous decision number 08/Pdt.Sus/Pailit/ 2015/PN.Niaga.Jkt.Pst, because they have more than one debt that is due and can be collected in accordance with law number 37 of 2004 concerning bankruptcy and postponement debt payment obligations, article 2 paragraph (1) jo. Article 8 paragraph (4) which regulates the conditions for bankruptcy as follows, "A debtor who has two or more creditors and does not pay in full at least one debt that is due and can be collected, is declared bankrupt by a court decision, either on his own request or at the request of one or more creditors”. Due to no further legal remedies by the securities debtor, the decision number 08/Pdt.Sus/Pailit/2015/ PN. Niaga.Jkt.Pst has permanent legal force (inkracht). Respondent or securities debtor then submits a request for reconsideration of the court decision which has permanent legal force, by taking external legal remedies, namely reconsideration. The research method used in this thesis research is descriptive analysis, with the type of normative legal research, namely to examine legal norms related to bankruptcy petition decisions through literature study, research in terms of statutory regulations and also their elaboration and explanation of procedures and bankruptcy provisions and postponement of debt payment obligations. The conclusion of this research is that the judge granted the request for bankruptcy cancellation made by the securities debtor because there had been a significant error in the previous decision, namely case number 08/Pdt.Sus/Pailit/2015/ PN. Niaga.Jkt.Ps because the applicant is a creditor an individual who is not the Financial Services Authority (OJK) so that it does not comply with the provisions of article 2 paragraph (4) of the bankruptcy law and postponement of debt payment obligations as well as article 55 paragraph (1) of RI Law number 21 of 2011 concerning the Financial Services Authority (OJK) "function, duty and authority to regulate and supervise financial services activities in the capital market sector (BAPEPAM), or now also known as the Financial Services Authority (OJK). Therefore, the party entitled to apply for bankruptcy is the Financial Services Authority (OJK)”.
PENA LAW: International Journal of Law
The debtor's rights in the process of settling bankruptcy assets are very weak, where the debtor will lose his rights to control and manage his assets which are included in bankruptcy assets as stipulated in Article 24 Paragraph (1) of the Bankruptcy Law. However, in the event that the debtor is declared bankrupt, the law gives the debtor the right to submit a reconciliation plan, submit a postponement of debt payment obligations and submit an appeal and review, all of which are efforts to protect the rights of the debtor. In the process of settling bankruptcy assets, the legal protection for debtors' rights is quite weak. Because since the pronouncement of the bankruptcy declaration decision by the court, the debtor will lose the right to manage his assets which are included as bankruptcy assets. As a result, the debtor is no longer able to legally act on his assets that are included in the bankruptcy estate, in this case the management of bankruptcy assets becomes the auth...
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Bankruptcy results in a general confiscation of all assets of the bankrupt debtor (budel bankrulit). An important phase in the bankruptcy process is the insolvency stage. Based on the explanation of Article 57 paragraph 1 of the Bankruptcy Law and PKPU, what is meant by insolvency is the state of inability to pay, this is in line with the Central Jakarta Commercial Court Decision Number: 44 / PDT. SUS. PAILIT/20 20/PN. TRADE. JKT. PST. That PT. Pazia Retailindo was declared bankrupt. Application for bankruptcy filed by PT. Dana Kaya through its Directors, namely Sri Dewi Endang Mumpuni and Ambar Bawono on October 20, 2020, was represented by the appointed legal representative, namely PARLIN SIHOMBING, S.E., S.IP., S.H. Advocate at the Law Firm BELASSANDRO TORUAN &; PARTNERS. The problem raised in this study is the condition of Insolvency of PT. Pazia Retailindo before the bankruptcy decision , and what underlies the judge's consideration in the bankruptcy decision Number: 44 / Pdt.Sus.Pailit / 20 20 / Pn.Niaga.Jkt.Pst which refers to Law Number 37 of 2004. This research uses a Normative Juridical approach. The result of this study is that the legal considerations used by the panel of judges in deciding the bankruptcy case of PT. Pazia Retailindo complies with Law Number 37 of 2004 concerning Bankruptcy and PKPU, namely the fulfillment of all elements contained in Article 2 Paragraph 1 and Article 8 Paragraph 4 of the Bankruptcy Law and PKPU.
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Bankruptcy according to Article 1 point 1 of the Bankruptcy Law No. 37 of 2004 is a general confiscation of all the assets of the Bankrupt Debtor which management and settlement are carried out by the Curator under the supervision of the Supervisory Judge as stipulated in this Law. The Bankruptcy and PKPU Laws have a wider reach both in terms of norms, scope of material, and the process of settling debts. This wider reach is necessary due to the emergence of legal developments and needs in society.
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The objectives of this research are to identify and assess the granting of discharge as of debt in the bankruptcy law in Indonesia and legal policy regarding granting status of fresh start to individual debtors, which are in a good faith and is not able, after termination of bankruptcy, in order to develop bankruptcy law in Indonesia. The analysis is directed to explain the legal policy on granting status of fresh start to the individual bankrupt debtor in order to develop the Bankruptcy Law in Indonesia. Bankruptcy was originally conceived as a punishment for an act that is considered a criminal conduct because of the debtors’ bad faith to avoid debt. Modern bankruptcy law is aimed as an exit from financial distress. The bankruptcy law system in Indonesia adheres to a principle of “debt collective” which comes in the form of a general seizure over the debtor’s bankruptcy assets as collateral for debts repayment. This study offers an novelty in that bankruptcy law in Indonesia does ...
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The high number of bankruptcies in Indonesia, which increased to 54% in the pandemic era, had negative impacts on the economic ecosystem in Indonesia. A regulation is needed that can reduce the number of bankruptcies, in which the moratorium of Act 37/2004 is a discourse that will be predicted as the main solution. The moratorium of Act 37/2004 with its weaknesses has been rejected by many parties, so this research will offer a more appropriate alternative solution in the form of setting temporary measures on bankruptcy. This study seeks to describe the urgency and prospects of the presence of temporary measures on bankruptcy in Indonesia and recommend the regulation and implementation of temporary measures on bankruptcy in Indonesia. This legal research is normative legal research with data obtained from library research analyzed descriptive-qualitatively. The results of the study indicate that the moratorium of Act 37/2004 does not provide fair benefits for debtors and creditors i...
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Homologation is ratification by a judge of a peace agreement between the debtor and the creditor to end bankruptcy. Peace (akkoord) in this stage is the most important PKPU stage, because in the peace plan the debtor will offer peace to the creditor. The bankruptcy decision reviewed in this research is the Verdict Number: 40/Pdt.Sus Pembatalan Perdamaian/2022/PN.Niaga.Jkt. Pst. Jo. Number 35/Pdt.Sus-PKPU/2017/PN.Niaga.Jkt. Pst. regarding the request for annulment of homologation between the party of prosecutors and KSPPS BMT CSI SYARI'AH SEJAHTERA, by discussing the judge's legal considerations and its legal consequences. Based on this, the type of research used is normative juridical with a case approach. The research specifications are analytical descriptive. The data used is secondary data taken by way of literature study and documentation study. The data is analyzed qualitatively. The results of the study stated that the judge's decision was in accordance with the provisions in Article 170 paragraph (1) of UU No. 37 of 2004. A result for canceling a homologation is the debtor loses his rights to manage and control all assets included in the bankruptcy estate starting from the date of the verdict. However, in terms of determining bankruptcy for the cooperative body, it is necessary to consider the meeting of cooperative members with efforts to submit proposals from cooperative members in accordance with the provisions in UU No. 25 of 1992 concerning Cooperatives. Also, it is necessary for creditors and debtors to cooperate for their business.
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The bankruptcy case of PT Aliga Internasional Pratama is proof of the dualism of the position of criminal confiscation over general confiscation in the bankruptcy estate. Based on the decision of the Commercial Court at the Central Jakarta District Court, PT. Aliga International Pratama has been legally declared bankrupt with all the legal consequences. Whereas as of the date of the bankruptcy decision, all assets of PT. Aliga is in a state of general confiscation, and the authority to control and manage all of their asset rests with the Curator Team. However, 2 buildings which are bankrupt assets, namely The Aliga Hotel and factory/office buildings, have been confiscated by the Criminal Investigation Police Investigators (Bareskrim Polri).The research method in this paper is descriptive qualitative, namely the legal material obtained is presented descriptively and analyzed qualitatively. The results showed that, analyzed using the theory of justice according to Thomas Aquinas and t...