SAKTI, INDRA (2023) REKONSTRUKSI REGULASI PENYELESAIAN UTANG MELALUI KEPAILITAN BERBASIS NILAI KEADILAN. Doctoral thesis, Universitas Islam Sultan Agung Semarang.
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Abstract
In resolving debts through bankruptcy, peace is one of the means for resolving debt and receivable problems in order to avoid bankruptcy. The legal protection for creditors in bankruptcy peace contained in Article 149 paragraph (1) of Law Number 37 of 2004 is very contradictory in its implementation because preferred creditors (holders of collateral rights) are prohibited from providing opinions in bankruptcy peace meetings proposed by debtors. Without hearing the opinion of preferred creditors, peace rarely occurs because concurrent creditors can only be paid from the remaining unsecured assets of the debtor. Meanwhile, if the preferred creditor participates in the peace meeting, it causes him to lose his security rights. The research aims to analyze and find regulations for debt settlement through bankruptcy that are not based on justice values, analyze and find weaknesses in regulations for debt settlement through bankruptcy that are not currently based, and to find a reconstruction of debt settlement regulations through bankruptcy based on justice values. The research results show that the regulations for debt settlement through bankruptcy are not yet based on the value of justice because not all creditors have voting rights regarding the peace plan, due to restrictions on separatist creditors to vote on the peace plan submitted by the debtor, so that the peace route in debt settlement is not optimal, because he would not want to give up his prior rights as a separatist creditor. The weakness of the current regulations for debt settlement through bankruptcy, namely Article 149 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations which states that if separatist creditors participate in voting on the settlement proposed by the debtor, they must give up the right to take precedence in the interests of the bankruptcy estate. become a concurrent creditor. Reconstruct debt settlement regulations through bankruptcy based on justice values by reconstructing Article 149 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations to become: Holders of pledges, fiduciary guarantees, security rights, mortgages, or collateral rights for other objects and privileged creditors , including creditors whose priority rights are disputed, can vote regarding the peace plan, without having to waive their right to priority in the interests of the bankruptcy estate before a vote is held regarding the peace plan. Keywords: Bankruptcy, Peace and Justice.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana > Program Doktor Ilmu Hukum Pascasarjana |
| Depositing User: | Pustakawan 4 UNISSULA |
| Date Deposited: | 12 Jan 2024 02:15 |
| Last Modified: | 12 Jan 2024 02:15 |
| URI: | http://repository.unissula.ac.id/id/eprint/32879 |
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