CD Skripsi

Analisis Terhadap Sengketa Kepailitan Pt Aaa Sekuritas Dan Antaboga Delta Ditinjau Berdasarkan Peraturan Di Indonesia

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The settlement of a civil case is one of the duties of a judge to investigate whether the legal relationship on which the claim is based really exists or not. For this reason, the judge must know objectively about the truth of the event through proof. The conditions for submitting a bankruptcy statement to a commercial court are very important because if the bankruptcy statement application does not meet the conditions contained in the Bankruptcy Act-PKPU, the commercial court will not grant the petition for bankruptcy. However, in this study there were bankruptcy problems that were not in accordance with the Law, namely the bankruptcy of PT Andalan Artha Advisido (AAA Securities). Therefore the purpose of this Thesis Writing, namely: first, To find out the Judge's consideration analysis of PT AAA Securities bankruptcy dispute and PT Antaboga Delta. Second, to find out the factors that led to the emergence of differences of opinion of judges in bankruptcy disputes between PT AAA Securities and PT Antaboga Delta. This type of research can be classified into a type of normative juridical research, which examines the principles of law, precisely the principles of jurisprudence and efforts to resolve disputes concerning the matter of justice in state practice. In this type of legal research, the law is often conceptualized as what is written in law in books or laws that are conceptualized as norms or norms which are considered appropriate human behavior. Data sources used, namely: primary data, secondary and tertiary data. The conclusion that can be obtained from the results of the first research, the bankruptcy case of PT. AAA Securities is seen as a mistake, both by bankrupt applicants and the Judges. The bankrupt applicant submitted an application for a bankruptcy statement against PT. AAA Securities to the Central Jakarta Commercial Court without going through the Financial Services Authority as the authorized party. And the Panel of Judges did not consider the provisions of Article 2 paragraph (4) of the Bankruptcy Act and PKPU. Second, the difference of opinion of judges in bankruptcy cases in general is due to the freedom of judges in deciding cases that are limited by statutory provisions. Whereas in particular the emergence of Judge's disagreements in bankruptcy cases is due to differences in the background of judges examining the bankruptcy case, namely the existence of career judges and ad-hoc judges. Based on these provisions, the bankruptcy applicant should not have the authority to file a petition for bankruptcy statement against the bankruptcy petitioner, but the party authorized to submit a bankruptcy statement request to the bankruptcy authority only the Financial Services Authority. Keywords: Differences in opinion between Judges-Bankruptcy-Indonesia

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 119 (0044)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2019

Deskripsi Fisik

v, 52 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 119 (0044)

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 PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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