Urgensi Perubahan Undang-Undang Kepailitan di Indonesia : Sebuah Titik Balik Dari Kasus Pailit PT. AJMI  

Oleh:

Rissy, Yaffet

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Studi Pembangunan Interdisiplin vol. XVII no. 2-3 (2005), page 202-228.
Topik: KEPAILITAN; pailit; utang; debitur; kreditur; penundaan kewajiban pembayaran utang

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ120.4 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

This article talks about the urgency of UUK amendment by taking a lesson from a bankruptcy case faced ny PT. AJMI with two main issues. The first is the weaknesses of UUK. The second one is how far the UUK draft is and the postpoing of debt paying obligation (PKPU) has accomodated the weakness of UUK. There were 8 substantial weaknesses. They are as follows : no clear definition of creditor and debtor, no clar definition of debt, the blurring of regulation of overdue debt and can be collected and the right of every creditor to put forward bankruptcy case (PPP) to insurance company. Another one is the very easy requirements needed to claim bankruptcy to a debtor. The next weaknesses are that there is no regulation regarding the mechanism of renvoii process in the temporary PKPU and also fix PKPU also the implementation of uitboerbaar bij voorad principle, also the implementation of uitvoerbaar bij vooraad principle. There is also no regulation about restructuring of company debt which is threatened to be bankruptcy. Moreover, it was also found three technical weaknesses : they are the very short grace period in term of passing on the decision copy of PPP in Pni, asking for appealing to the supreme court and the passing of copy of the appealing of supreme court decsion. Besides those four substantial weaknesses there are still some others. They are the implementation of uitvoerbaar bij voorraad withough high carefulness, there is also no regulation of restructuring the company debt which is threatened to be bankrupt. The implementation of mechanism of renvoii process in temporary and fix PKPU, overdue debt and can be collected is a particular chapter. The other substantial weaknesses have been accomodated. The one that has not been accommodated is the short grace period for appealing to the supreme court and also the short period to pass on the copy of PPP deciison to the involved sides in Pni level.

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