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Legal protection for debtors in determining the application requirements for suspension of debt payment obligations

Author

Listed:
  • Zeto Bachri

    (Faculty of Law, Brawijaya University)

  • Suhariningsih Suhariningsih

    (Faculty of Law, Brawijaya University)

  • Sukarmi Sukarmi

    (Faculty of Law, Brawijaya University)

  • Iwan Permadi

    (Faculty of Law, Brawijaya University)

Abstract

The establishment of the Bankruptcy Law aims to overcome the difficulties of the business world in terms of debt and receivables in continuing their activities. However, in practice the PKPU and Bankruptcy institutions are used as a means of resolving ordinary civil disputes, this is due to Article 225 paragraph (3) and (5) in conjunction with Article 222 paragraph (1) and (2). The purpose of this study is to analyze the ratio legis for debtors in relation to the ratio legis Article 225 paragraph (3) and paragraph (5) associated with the purpose of establishing Bankruptcy and Suspension Of Debt Payment Obligations (UUK-PKPU). This research is normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conceptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that the ratio legis regarding PKPU as regulated in Article 225 paragraph (3) and paragraph (5) has a vague norm when it comes to the purpose of establishing UUK-PKPU, that PKPU is a means for debtors so that debtors can restructure their debts. So that no rights are given to debtors who are not present at the PKPU session resulting in no legal protection for the debtor to defend himself by conveying the reasons for the debtor's absence. Key Words:Ratio legis, Bankruptcy, Debt Payment Obligation, UUK-PKPU

Suggested Citation

  • Zeto Bachri & Suhariningsih Suhariningsih & Sukarmi Sukarmi & Iwan Permadi, 2021. "Legal protection for debtors in determining the application requirements for suspension of debt payment obligations," International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 10(6), pages 394-402, September.
    • Handle: RePEc:rbs:ijbrss:v:10:y:2021:i:6:p:394-402
    DOI: 10.20525/ijrbs.v10i6.1301
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