CD Skripsi

Insolvensi Dalam Hukum Kepailitan Di Indonesia (Studi Putusan No. 48/Pailit/2012/Pn.Niaga.Jkt.Pst Antara Pt.Telekomunikasi Selular Vs Pt. Prima Jaya Informatika)

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Globalization will lead to legal regulations of developing countries regarding investment , trade , services and other economic areas near developed countries ( Convergency ) . Amendments to the Bankruptcy Act so dominant protect the interests of creditors , because no one else provision requires that the debtor must be in a state can not afford . This is contrary to the philosophy of universal bankruptcy of the Labor Law which provide a way out for debtors and creditors in a state where the debtor is no longer able to pay its debts .
This study has the objective : first , to determine the insolvency provisions in the bankruptcy law in Indonesia. Secondly , to analyze the determination of insolvency in the bankruptcy decision No. : 48/Pailit/2012/Pn.Niaga.Jkt.Pst .
This research is a kind of normative legal research with normative juridical approach . The data used in this study is secondary data . The method used is the method of literature study with qualitative analysis methods .
The authorconclude : first , the insolvency provisions in Indonesia is based on article 2, paragraph 1 of Law Number 37 of 2004 on Bankruptcy and Suspension of Payment ie when the debtor does not pay off its debts . Bankruptcy estate will go into insolvency phase with two possibilities , namely ( i ) after being declared bankrupt ( ii ) through delays of Payment . This provision is still legal uncertainty that triggers problems , among others, ( i ) inhibition of the investment climate in Indonesia. ( ii ) failure to achieve the protection of creditors , debtors and stakeholders be balanced . ( iii ) risk threatening the stability of the economic development of Indonesia . Second , the decision of the bankruptcy estate has not reached the stage of insolvency because the Supreme Court overturned the decision of the Commercial Court Decision No. 48/Pailit/2012/Pn.Niaga.Jkt.Pst through decision No. 704 K/Pdt.Sus/2012 that ended before the bankruptcy Telkomsel Debt Verification Meeting completed . Suggestions , first , there must be an amendment of Law No. 37 of 2004 in particular the concept of insolvency and insolvency test . Second, the authors are aware that this study is not perfect , so the author hope that further research is conducted to continue and complement the issues raised in this paper . Keywords : Bankruptcy - Insolvency - Legal Certainty

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 06. 113 (0020)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum - Hukum Pedata Bisnis., 2013

Deskripsi Fisik

xi, 140 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 06. 113 (0020)

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 BISNIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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