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All Journal Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat Honeste Vivere
Jimmy Simanjuntak
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Law, Crime, Criminology & Criminal Justice Social Sciences

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PELAKSANAAN KEWENANGAN PENAHANAN TERHADAP DEBITOR PAILIT MENURUT UU RI NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU Jimmy Simanjuntak
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1156

Abstract

Abstract The Indonesian Criminal Code Procedure (KUHAP) provides fundamental legal basis in conducting detention, in concern that the suspect/defendant shall conduct escapement, erasure or destruction of the evidence, or shall conduct recidivism. Law Number 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligation also regulates regarding Detentions towards Bankrupt Debtors on the obligations as Bankrupt Debtors in providing important information/details towards the Administrators, Supervisory Judge, or the Administrators Members concerning the Debtors assets which then shall be managed and settled as bankruptcy assets; however this does not cover the mechanism for detention undertook by the Public Prosecutor evidently appointed by the Supervisory Judge. Keyword: kewenangan penahanan terhadap debitor pailit
TINJAUAN HUKUM ATAS KEWENANGAN KREDITOR MENGAJUKAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 Jimmy Simanjuntak
Honeste Vivere Vol 33 No 1 (2023): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v33i1.193

Abstract

: In essence, petition of suspension of debt payment under Indonesian Law (“PKPU) was designed for the achievement of peace between debtor and creditors through homologation. As regulated on Article 222 (3) Indonesian Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Debt Payment (“UU KPKPU”), competency to submit petition of suspension of debt payment was given not only to debtor but also given to creditors. This provision, however, has loopholes that might be misapplied by creditors who did not seek for peace but merely want to collect the debt, which did not aligned with the main purpose of PKPU. This research aims to provide an in-depth analysis concerning the conformity between creditor’s right to submit petition of PKPU under Article 222 (3) UU KPKPU and peace concept of PKPU.  
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