CD Skripsi

Pengabulan Permohonan Penundaan Kewajiban Pembayaran Utang (PKPU) PT EMCO ASSET MANAGEMENT (Studi Putusan Nomor : 78/PDT.SUS PKPU/2020/PN/NIAGA.JKT.PST)

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Postponement of Debt Payment Obligations (PKPU) or surseance van betaling is a period of time granted by law through a decision of a Commercial Court Judge. In essence, the purpose of postponing debt payment obligations is to make peace between debtors and their creditors and to prevent debtors who have or will experience insolvency from being declared bankrupt. The process of postponing debt payment obligations in cases with Decision Number 78/Pdt.Sus- PKPU/2020/PN.Niaga.Jkt.Pst has paid much attention to the legal subjects who are authorized to submit a request for a postponement of debt payment obligations. In addition, the application of simple evidence in the trial process with the decision is also a concern of the author in conducting this research. This research aims to find out how the authorized subject analysis and simple proof in Decision Number 78/Pdt.Sus-PKPU/2020/PN.Niaga.Jkt.Pst.
The type of research used by the author is a normative legal research method normative legal. The normative research in question is by examining library materials or secondary data. With a legal approach that uses legislation and regulations of laws and regulations and a case approach by looking at the legal reasons of judges in decisions on the cases studied. In this study, the method used in analyzing is qualitative. Then the author draws conclusions deductively, namely drawing conclusions from general things to specific things.
Based on the results of the research and discussion, it can be seen that the legal subject who is authorized and has the legal standing to submit an application for a postponement of debt payment obligations against the securities company PT. Emco Asset Management is the Financial Services Authority (OJK) in accordance with Article 55 of Law Number 21 of 2011 concerning the Financial Services Authority. Contrary to decision Number 78/Pdt.Sus-PKPU/2020/PN.Niaga.Jkt.Pst, the party submitting the application is the creditor. Simple proof applies to applications for a declaration of bankruptcy, while applications for Postponement of Debt Payment Obligations (PKPU) do not require simple proof. However, in its implementation, simple proof is often used in PKPU applications. The aim is to create a simple, fast, and low-cost trial. Simple proof applies if the requirements for a PKPU are met. The conditions in question are the existence of two or more creditors, there is a debt that can be proven, there is a debt that is due and can be collected. In line with the judge's legal considerations in decision Number 78/Pdt.Sus-PKPU/2020/PN.Niaga.Jkt.Pst, which outlines the requirements for fulfilling PKPU and it appears that simple proof is applied.

Keyword : Application, Postponement of Debt Payment Obligations, Legal Subjects, Simple Proof.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009135441

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009135441

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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