Position of Arbitration Clause in Relation to Absolute Competence in Bankruptcy Disputes

Hartini, Rahayu; Gorda, Anak Agung Ayu Ngurah Tini Rusmini

doi:10.2991/assehr.k.200917.005

Cited by 2 publications

(2 citation statements)

References 1 publication

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“…In the bankruptcy process, as regulated in the Bankruptcy Law/PKPU Article 2 paragraph 1, one of the conditions that must be met is to have two or more creditors (Hartini & Gorda, 2020). Based on these conditions, the Bankruptcy Law/PKPU only provides for the possibility of a debtor being declared bankrupt if the debtor has at least two creditors.…”

Section: The Position Of Creditor Insurance Policy Holder Pt Bumi Asi...mentioning

confidence: 99%

Legal Protection of Policyholders Due to Bankruptcy of Bumi Asih Jaya Insurance

Feliks

2022

Khazanah Hukum

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PT. Asuransi Bumi Asih JayaInsurance or Asuransi Bumi Asih Jaya failed to pay due to many factors, one of which was due to the Covid-19 pandemic. This condition caused the investment portfolio of the two products to be problematic. After experiencing a default, the Supreme Court finally decided to go bankrupt. So that policyholders must get legal protection from the bankruptcy of Krishna Life. The formulation of the problem in this research is the legal position of the policyholder against the decision of the bankrupt Asuransi Bumi Asih Jayaand the legal protection of the Asuransi Bumi Asih Jayapolicy holder being declared bankrupt. This study also uses a normative juridical research method. As well as using a statutory approach and a conceptual approach. Based on the results of research and discussion of the legal position between Asuransi Bumi Asih Jayaand policyholders under Preferred Creditors and above Concurrent Creditors. Then there is also no legal relationship between Krishna Life and the Policy Holder. This provision is regulated in Article 21 of the Bankruptcy Law/PKPU, so during the bankruptcy process, the assets obtained from Krishna Life are still managed by the Curator because there has been a bankruptcy statement from the Supreme Court Judge at the cassation level. So that there is no legal relationship again between the Insurer, namely Krishna Life and the Insured, namely the policyholder. Legal protection for Asuransi Bumi Asih JayaInsurance even though it has been declared bankrupt based on Article 52 paragraph 1 of the Insurance Law. Asuransi Bumi Asih Jaya Insurance also has the same position and is entitled to obtain the proceeds from the sale of the debtor's assets, both the debtor's assets in the future. The bankruptcy estate settlement process from Life Insurance can be carried out by a Curator who starts the settlement of the bankruptcy estate after the bankruptcy estate is unable to pay and the debtor's business is terminated.

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Section: The Position Of Creditor Insurance Policy Holder Pt Bumi Asi...mentioning

confidence: 99%

Legal Protection of Policyholders Due to Bankruptcy of Bumi Asih Jaya Insurance

Feliks

2022

Khazanah Hukum

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“…The existence of the Bankruptcy Law is necessary because there needs to be legal provisions governing how to divide the assets of a debtor among creditors in the event that the debtor has more than one creditor (Hartini & Gorda, 2020, September). Large companies, including large banks, usually have a legal department or legal division with many strong in-house lawyers.…”

Section: An Analysis On the Needs Of Regulations And Recommendation O...mentioning

confidence: 99%

Regulation model for filing an actio pauliana lawsuit by creditors to revoke the debtor's legal actions prior to declaration of bankruptcy by the commercial court

Onggowijaya¹

2022

IJRBS

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This paper aims to evaluate the regulation model for filing an action pauliana lawsuit by creditors to revoke the debtor’s legal actions prior to the declaration of bankruptcy. The research method used is normative juridical. The results show that the model for regulating the authority of creditors who wish to file an actio pauliana lawsuit against debtors in bankruptcy law can be done by making changes to Law Number 37 of 2004 concerning Bankruptcy by adding an article which regulates the procedural law of how a creditor can file a lawsuit. action pauliana in the following way: Creditors who acknowledge the existence of a Debtor's legal action, which is not required to be carried out within one year before the bankruptcy decision is pronounced, may submit an application to the Supervisory Judge by attaching valid evidence so that the Supervisory Judge will issue a ruling concerning the Debtor's legal action is in one year before the bankruptcy decision is pronounced, is not mandatory and shall be revoked.

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Position of Arbitration Clause in Relation to Absolute Competence in Bankruptcy Disputes

Cited by 2 publications

References 1 publication

Legal Protection of Policyholders Due to Bankruptcy of Bumi Asih Jaya Insurance

Legal Protection of Policyholders Due to Bankruptcy of Bumi Asih Jaya Insurance

Regulation model for filing an actio pauliana lawsuit by creditors to revoke the debtor's legal actions prior to declaration of bankruptcy by the commercial court

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