PENERAPAN PRINSIP-PRINSIP HUKUM KEPAILITAN OLEH HAKIM DALAM PENGAMBILAN KEPUTUSAN KEPAILITAN

P, RICKY JEFTA S. (2009) PENERAPAN PRINSIP-PRINSIP HUKUM KEPAILITAN OLEH HAKIM DALAM PENGAMBILAN KEPUTUSAN KEPAILITAN. S1 thesis, UAJY.

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Abstract

The world of business needs a legal assurance in its every activity. That is the thing sought by the businessmen in Indonesia, whether domestic or foreign business actors. The legal assurance must be in the case of civil law especially bankruptcy. To obtain a legal assurance, there are legal problems. The existing legal problems is how the application of Bankruptcy Law Principles by the judge in the bankruptcy decision-making and how is its correlation with the Law of Nation Owned Business (BUMN). The purpose of this research is to know to what extent the legal assurance is obtained from every bankruptcy decision based on the principles of bankruptcy laws. Thus, this research uses empirical legal research methodology (law in action), so the main data are the data from the direct sources. The nature of this research is analytical description, that is the problem solving studied by describing or depicting what is stated by the source in written and oral forms and actual behavior are studied and researched holistically as well as the result of decision of bankruptcy case in Trade Court. It can be concluded that the application of bankruptcy law principles in decision making is still frequently not based on the existing principles of bankruptcy law ruled in the Constitution and pay less attention to other regulations in other correlating Constitutions. Therefore, it is important to have other strict provisions, the exact application of legal principles, and strict law enforcement officers as well, high consistency and credibility with special training in the first place.

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