CD Skripsi
Analisis Yuridis Penggunaan Cessie Untuk Pengajuan Kepailitan Dan Penundaan Kewajiban Pembayaran Utang (Pkpu) Dengan 1 (Satu) Kreditor (Studi Kasus Terhadap Putusan Pengadilan Niaga Nomor 63/Pkpu/2012/Pn.Niaga.Jkt.Pst. Dan Putusan Pengadilanniaga Nomor 09/Pailit/ 2013/Pn.Niaga.Mdn.)
PKPU Decision No. 63 / PKPU / 2012 / PN.Niaga.Jkt.Pst, the judge in its verdict acknowledges that the transfer of receivables (cessie) made by PT.Global (the applicant) to Johanes H.L.Thomas, although not preceded by civil events. verdict No. 09 / Bankrupt / 2013 / PN.Niaga.Mdn, rejected the petition for bankruptcy filed by the applicant because the judge is of the opinion that Cessie conducted by PT.TUM (the applicant) to Maswadi Yanto Ndey is considered invalid because it was not preceded by civil events prior to the transition accounts receivable (cessie).
The purpose of this study is first, to find out whether cessie has the legal power to get other creditors. Second, how to obtain other creditors by using the institutions and legal means available and applicable in Indonesian law. This study uses the method used is normative juridical. this research method is done by examining the existing library material that is more discussed about legal systematics. The data used is secondary data, that is data supporting the information or supporting the completeness of primary data obtained from library conducted by literature study or literature. Data collection techniques that will be used in this research is by way of library research (library research) and data analysis is done qualitatively normative ie the analysis used without the use of numbers and statistics and mathematical formulation is presented in the form of description.
The results of this study are first, the government should make more specific and detailed legal rules on the transfer of receivables in cessie so that law enforcement can consistently apply the rule of law for the sake of justice for the parties concerned in PKPU tersebut.Second, Cessie is a way of transfer and / or the delivery of receivables in the name provided for in Article 613 of the Civil Code (KUH.Perdata). The transition of receivables by means of this cessie that can be used as a creditor to get other creditors.
Keywords: Cessie-Bankruptcy-Legal Certainty
Tidak tersedia versi lain