UNDANG-UNDANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG NO 37 TH 2004 MENGESAMPINGKAN BERLAKUNYA ASAS PACTA SUNT SERVANDA DALAM PENYELESAIAN SENGKETA KEPAILITAN
Journal Title: YUSTISIA JURNAL HUKUM - Year 2015, Vol 4, Issue 2
Abstract
This study was to formulate a concept of return policies / principles of the law of "pacta sunt servanda" in Law No. 37 Year 2004 regarding Bankruptcy in bankruptcy to resolve disputes arbitration clause. By promoting legal issue: Why the provisions of Article 303 of Law No. 37 Year 2004 on Bankruptcy and PKPU basic rule "pacta sunt servanda" in a bankruptcy dispute resolution by arbitration clause. Research is normative juridical approach the statutory (statute approach), histrorical approach, conceptual approach and case approach. Basingon: doctrine, theory and principles of law and reasoning/logic of the law as a legal argument. From the discussion of the research results obtained conclusions; that Article 303 of Law No. 37 In 2004 the basic rule pacta sunt servanda occurrence in bankruptcy solutions that are its arbitration clause. The principle is metanorma should be legal guidelines for each product that has never been out of the occurrence of any legal basis. (1).Pasal 303,UUK afflicted materil law, when it is left actually dangerous because it can cause legal uncertainty which may result in less used existing legal rules(Article 303 UUK, an article that "kebablasan wrong/confused".(2).Position agreement with the law is the same, meaning that the agreement in this case in particular the provisions of the Arbitration clause made by the party should be the same as in the case of the Law on Bankruptcy.
Authors and Affiliations
Rahayu Hartini
Keywords
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- EP ID EP423414
- DOI 10.20961/yustisia.v4i2.8648
- Views 138
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