HUKUM PEMBUKTIAN SEDERHANA DALAM KEPAILITAN PT. DIRGANTARA INDONESIA (PERSERO)

MALIKI, MALIKI (2009) HUKUM PEMBUKTIAN SEDERHANA DALAM KEPAILITAN PT. DIRGANTARA INDONESIA (PERSERO). Other thesis, University of Muhammadiyah Malang.

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Abstract

Bankrupt case of Indonesia Aerospace (Persero) represent one of the case which is to be a test regulation Bankrupt in Indonesia which is arranged in Act Number 37 of 2007 about Bankrupt and Postponement Obligation Of debt Payment (UUKPKPU 2004). One piquancy is verification process simply which is arranged in section 8 sentence (4) UUKPKPU which ought connectisity section 2 sentence (1) about conditions of bankrupt. The formula problem of this research: 1) how simplicity of evidence in Indonesia bankrupt law; 2) how to applying of simplicity of evidence in case of PT.DI ?. this Research type is legal socio normative of research with method of Analiytical Approach by using materials primary, secondary, and tertiary by looking of book with technical purposive and also pursuant to method snowball system and classified according to source and its to be studied comprehensively and processed by descriptive qualitative analysis. The result of research that in applying of simplicity of evidence in Commercial Justice practice and in so many literature have happened interpretation of double standard of its application in meaning as event law and congeniality which related of debt concept. Bankrupt of PT. DI, First Commercial Justice of Jakarta Center have precisely applied its decision because conditions as arranged which is conectisity between section 8 sentence (4) UUKPKPU 2004 section 2 sentence (1) UUKPKPU 2004 have earned to be applied. Become, existence of concept owe and 2 creditor which and can be billed for have fufilled. Applicant have as statement of bankrupt as arranged in section 2 sentence (1) UUKPKPU 2004, because applicant is included in category as preferen creditor which is its rights can prioritize though PT. DI (Persero) fall bankrupt. In Appellate Court have happened mistake when applying of law which looking into that which only bankrupt PT. DI (Persero) is Minister for Finance. However this rights will oppose against concept theory and intention of BUMN Persero and of BUMN Perum which is arranged in UUKPKPU 2004 and BUMN Act. Become BUMN (Persero) in its concept is equal to corporation concept without existence of imunt rights.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 16 Jun 2012 03:39
Last Modified: 16 Jun 2012 03:39
URI: http://eprints.umm.ac.id/id/eprint/8133

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