Karya Ilmiah

DISERTASI (330) - Prinsip Solvabilitas sebagai Pertimbangan Hakim Dalam Perkara Kepailitan

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The enforcement of Bankruptcy Act in Indonesia requires at least two or
more creditors that are not paying at least one debt obligation. It can be used as a
condition to request bankruptcy situation without considering the solvency of the
company in imposing a bankruptcy decision.
The present study is conducted in order to elaborate philosophical
landscape in regard to the implementation of solvency principal due to the
enforcement of Bankcruptcy Act in Indonesia. Furthermore, the present study also
tries to examine legal protection toward solven debtor that holds good principal
and possess ratio decidendi in determining solvency to reject a request for
bankruptcy even though it has fulfilled bankruptcy requirements.
The present research is a normative legal research relating to the
principles and norms of bankruptcy law regarding solvency in bankruptcy law in
Indonesia using the statute approach, conceptual approach, comparative
approach and case approach.
The results showed that the philosophical foundation of insolvency testing
is not applied within Indonesian law since legal debt system in Indonesia is quiet
easy. Simplicity of debt system in Indonesia since it will potentially be detrimental
to many creditors because the proof can no longer be done simply. Legal
protection for solvent debtors in good faith is obtained repressively by proving
before the trial that the debtor is still in a solvent condition. The court's decision
to refuse a bankruptcy request against a company which is still solvent based on
the verification of condition cannot be carried out simply because the debtor can
show that the assets owned by the company are greater than the amount and if the
request for bankruptcy is granted it will have a greater impact on the investment
climate in Indonesia

Keywords: Bankruptcy, Solvability, Good Faith.

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Ketersediaan

031327017305

330

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

330

Penerbit

Surabaya : Fakultas Hukum Unair., 2020

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

-

Subjek

KEPAILITAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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