The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice

Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2...

Full description

Bibliographic Details
Main Authors: Isis Ikhwansyah, Lambok Marisi Jakobus Sidabutar
Format: Article
Language:English
Published: Universitas Muhammadiyah Yogyakarta 2019-12-01
Series:Jurnal Media Hukum
Subjects:
Online Access:https://journal.umy.ac.id/index.php/jmh/article/view/6131
id doaj-4bb6a02f329448bd8fd9899fe747ff00
record_format Article
spelling doaj-4bb6a02f329448bd8fd9899fe747ff002020-12-30T01:13:57ZengUniversitas Muhammadiyah YogyakartaJurnal Media Hukum0854-89192503-10232019-12-0126224025110.18196/jmh.201901373696The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of JusticeIsis Ikhwansyah0Lambok Marisi Jakobus Sidabutar1Fakultas Hukum Universitas PadjadjaranFakultas Hukum Universitas PadjadjaranBankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and  analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test  on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.https://journal.umy.ac.id/index.php/jmh/article/view/6131bankruptcycreditorsdebtorinsolvency testpinciple of justice
collection DOAJ
language English
format Article
sources DOAJ
author Isis Ikhwansyah
Lambok Marisi Jakobus Sidabutar
spellingShingle Isis Ikhwansyah
Lambok Marisi Jakobus Sidabutar
The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice
Jurnal Media Hukum
bankruptcy
creditors
debtor
insolvency test
pinciple of justice
author_facet Isis Ikhwansyah
Lambok Marisi Jakobus Sidabutar
author_sort Isis Ikhwansyah
title The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice
title_short The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice
title_full The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice
title_fullStr The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice
title_full_unstemmed The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice
title_sort implementation of insolvency test on debtors’ bankruptcy in performing the principle of justice
publisher Universitas Muhammadiyah Yogyakarta
series Jurnal Media Hukum
issn 0854-8919
2503-1023
publishDate 2019-12-01
description Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and  analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test  on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.
topic bankruptcy
creditors
debtor
insolvency test
pinciple of justice
url https://journal.umy.ac.id/index.php/jmh/article/view/6131
work_keys_str_mv AT isisikhwansyah theimplementationofinsolvencytestondebtorsbankruptcyinperformingtheprincipleofjustice
AT lambokmarisijakobussidabutar theimplementationofinsolvencytestondebtorsbankruptcyinperformingtheprincipleofjustice
AT isisikhwansyah implementationofinsolvencytestondebtorsbankruptcyinperformingtheprincipleofjustice
AT lambokmarisijakobussidabutar implementationofinsolvencytestondebtorsbankruptcyinperformingtheprincipleofjustice
_version_ 1724367082416504832