RECONSTRUCTION OF LAW ENFORCEMENT IN THE CASE OF BANKRUPTCY BASED ON THE VALUE OF JUSTICE.
Journal Title: International Journal of Advanced Research (IJAR) - Year 2019, Vol 7, Issue 4
Abstract
Bankruptcy are one of wrong solution for completing Debt disputes between debtors and creditor. Bankruptcy is a process in which debtor who has difficulties in finance to pay the debt stated a bankruptcy by commercial court because debtor cannotpay their debt. Rules that give away thelaw protection as per - manifestation of justice as stated in Law - No. 37 Year 2004 about Bankruptcy and Delay Obligations Payment Debt, Sheet of Country Republic Indonesia in 2004 Number 131, and Additional Sheet Country Number 4443 . The case of a debtor who does not voluntarily pay their debts, then creditors will file a lawsuit to the debtors to authorized civil court, and all property of the debtor will be a source of repayment of the debts to creditors. In case debtor have many creditors, and assets of the debtor are not sufficient to pay off all the creditors, the creditors will race in every way to get their money paid. Creditors who arrived later were no longer beable to get it because the debtor\'s assets had run out. The authors felt that this is very unfair and detrimental. Based on these reasons, a bankruptcy institution arose which regulated a fair procedures for paying creditors\' bills.Provisions in Article 1 number 2 of Act Number 37 of 2004 specified that the creditor is a person who has accounts receivable because of an agreement or law that can be filed at court.
Authors and Affiliations
M. Rofian, Sri Endah Wahyuningsih.
Keywords
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- EP ID EP563982
- DOI 10.21474/IJAR01/8816
- Views 63
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