CD Tesis

Batas Minimum Permohonan Pailit Dan Perlindungan Para Pihak Ditinjau Dari Hukum Kepailitan Indonesia

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This paper aims to find out the requirements for a bankruptcy application
without a minimum provision for debts that can be transferred to the loss of
protection for the parties in terms of the Indonesian bankruptcy law. The method
that used in this research is the normative research method, a study of legal
principles which the researcher collects data consisting of primary, secondary
and tertiary data. The data collection technique is literature review. The data
analysis was carried out qualitatively and the author's conclusions were drawn
using the inductive thinking method.
The conclusion of this study is that the absence of a minimum debt limit for
bankruptcy can lead to loss of legal protection to the parties. Cause, normalizing
debt collection on bankruptcy requirements which are more directed at legal
subjects in order to be bankrupt, resulting in competition among creditors and
arbitrariness of debtors to obtain the receivable payments. If the minimum debt
limit provisions are not stipulated, protection for the parties will be difficult to be
realized, because any amount of debt can be applied for bankruptcy as long as the
bankruptcy requirements that regulated in Article 2 section (1) about bankruptcy
are fulfilled. The minimum debt limit concept on the application for the
bankruptcy must provide the objective condition, At least reaching two debts that
have been matured (two creditors) by the minimimum amount of 40% from all the
debitor’s assets. Or, by determining minimum amount of debt eg Rp.
1.000.000.000,- (One Billion Rupiah), with provision, the minimum amount
consist of two debt that have been matured (two creditor). If the total of applicant
credit does not reach the estimate figure, the application for bankruptcy would
not be accept, and the applicant must add the applicant credit to achieve total
40% of the receivable from the debtor assets, or Rp. Rp. 1.000.000.000,- (One
Billion Rupiah) or more. So, the conformity between the principles of debt
collection, concursus creditorium and debt principle will be achieved in
accordance with the purpose of the bankruptcy law.
Keywords: Debt Collection, Minimum debt, Bankruptcy Application, Parties

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0036)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

ix, 98 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0036)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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