Petition and Simple Proof of Claim in Bankruptcy Cases
Keywords:
Legal protection, Traditional, Knowledge, CopyrightsAbstract
Bankruptcy is submitted to the Court in the form of a "petition", not a "lawsuit". This raises a debate whether in the bankruptcy case there is a dispute or not. Apart from that, it is also motivated by the vague norms contained in Article 8 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment; as a result, there are multiple interpretations of the word “simple” in proving bankruptcy cases. Based on the background of the problem, the problems discussed are: why is the process of solving a bankruptcy case filed in the form of a "Petition", and what is the concept of a simple proof system in a bankruptcy case? The purpose of this study is to understand and analyze the form of "petition" in a bankruptcy case, and to find the concept of a simple proof system in a bankruptcy case. The research method used in the framework of writing this article is a normative legal research method. The results of the study found juridical facts that in a bankruptcy case there is actually no dispute, so it is submitted to the court in the form of a "petition", not a "lawsuit". In addition, it is also found that the meaning of the concept of a simple proof system in a bankruptcy case contains only simple meanings in proving the occurrence of debt; it does not include evidence as a whole in the process of resolving a bankruptcy case.
Downloads
References
Abdunayimova, D. (2020). Alternative Dispute Resolution Clause. The International Journal of Social Sciences World (TIJOSSW), 2(2), 1-5. Retrieved from https://www.growingscholar.org/journal/index.php/TIJOSSW/article/view/47
Altman, E. I., Hotchkiss, E., & Wang, W. (2019). Corporate financial distress, restructuring, and bankruptcy: analyze leveraged finance, distressed debt, and bankruptcy. John Wiley & Sons.
Antonopoulou, G. (2021). Procedure Before International Commercial and Ordinary Courts: A Comparative Perspective. International Commercial Courts: The Future of Transnational Litigation.
Chimni, B. S. (2018). Customary international law: A third world perspective. American Journal of International Law, 112(1), 1-46.
Couwenberg, O. (2001). Survival rates in bankruptcy systems: overlooking the evidence. European Journal of Law and Economics, 12(3), 253-273.
Dietzenbacher, B., Borm, P., & Estévez-Fernández, A. (2020). NTU-bankruptcy problems: consistency and the relative adjustment principle. Review of Economic Design, 24(1), 101-122.
Hackney, D. D., Friesner, D. L., & Johnson, E. H. (2018). Towards a working profile of medical bankruptcy. Journal of Financial Counseling and Planning, 29(1), 75-90.
Hamidi, J. (2011). Hermeneutika Hukum: Sejarah, Filsafat, & Metode Tafsir. Universitas Brawijaya Press.
Hartini, R., & Gorda, A. N. T. R. (2020, September). Position of Arbitration Clause in Relation to Absolute Competence in Bankruptcy Disputes. In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019) (pp. 21-24). Atlantis Press.
Mandelbaum, S. (2020). The Measure of Finality: A Dialectal Analysis of Legitimacy Concerns in International Investment Arbitration. UCLJLJ, 9, 1.
Mantili, R. A Study of the Juridical Aspect of the Confiscation of the Bankruptcy to the Assets of the Indonesia State-Owned Entities.
Noonan, K. G., Lipson, J. C., & Simon, W. H. (2019). Reforming Institutions: The Judicial Function in Bankruptcy and Public Law Litigation. Ind. LJ, 94, 545.
Pedram, M. (2021). Enforcing Property Rights through the Elements of Free Market; a Case for Iran's Bankruptcy Law. Baku St. UL Rev., 7, 13.
Rusakova, E. P., Frolova, E. E., & Gorbacheva, A. I. (2020, March). Digital rights as a new object of civil rights: issues of substantive and procedural law. In 13th International Scientific and Practical Conference-Artificial Intelligence Anthropogenic nature Vs. Social Origin (pp. 665-673). Springer, Cham.
Segal, J. A. (1984). Predicting Supreme Court cases probabilistically: The search and seizure cases, 1962-1981. American Political Science Review, 78(4), 891-900.
Thronson, V. T. (2018). The impact of Special Immigrant Juvenile Status on access to protection of unaccompanied child migrants in the United States. In Research Handbook on Child Migration. Edward Elgar Publishing.
Tiranda, Y. M. (2020). SETTLEMENT OF TAX PAYABLE IN BANKRUPTCY CASE: A SYSTEMATIC REVIEW. Systematic Reviews in Pharmacy, 11(11), 824-829.
Trevino, A. J. (2021). Talcott Parsons on law and the legal system. Cambridge Scholars Publishing.
Van Hoecke, M. (Ed.). (2011). Methodologies of legal research: which kind of method for what kind of discipline?. Bloomsbury Publishing.
Ziyoda, B. (2020). The Principle of Powers Separation and Its Role in The Functioning of The State Mechanism. The International Journal of Social Sciences World (TIJOSSW), 2(2), 15-19.
