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All Journal Awang Long Law Review Journal of Private and Commercial Law
Ivida Dewi Amrih Suci
Faculty of Law, Janabadra University
Law, Crime, Criminology & Criminal Justice

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Reassessing the Principle of Utility in the Revocation of Bankruptcy Adjudications: Implications for Legal Practice Ivida Dewi Amrih Suci; R. Murjiyato; Mohd Zamre Mohd Zahir; Sudiyana Sudiyana
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): May, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i1.4131

Abstract

This paper reassesses the principle of utility in the revocation of bankruptcy adjudications while addressing a critical gap in bankruptcy law concerning undivided marital assets following divorce. Article 64(1) of the Indonesian Bankruptcy Law establishes that bankruptcy involving spouses under a unity of assets is treated as a single estate. However, the law remains silent on situations where spouses have divorced but their shared assets remain undivided, and one or both parties are subsequently declared bankrupt in separate proceedings. In practice, such cases are handled by different commercial courts, reinforcing their status as distinct legal subjects and raising the question of whether consolidation of bankrupt estates is permissible or desirable. Using a normative legal methodology, this study draws on Kees Schuit’s legal system theory and the goal-oriented theory of law, grounded in Gustav Radbruch’s triad of certainty, utility, and justice. It critically examines how the principle of utility is applied in determining whether revocation or consolidation of bankruptcy adjudications serves a meaningful legal purpose. The analysis reveals inconsistencies in judicial reasoning, particularly where utility is narrowly interpreted as economic benefit, neglecting considerations of fairness, procedural coherence, and legal certainty. The paper’s main contribution lies in proposing a structured framework for interpreting utility that integrates both doctrinal clarity and practical guidance. It also advances the argument that undivided post-divorce assets may, under certain conditions, justify consolidation based on principles of integrity and efficiency. This approach enhances predictability in legal practice while preserving judicial flexibility. Ultimately, the study contributes a prescriptive perspective to bankruptcy law by bridging doctrinal gaps 
PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE Ivida Dewi Amrih Suci; Herowati Poesoko; Sunarya Raharja; Puji Puryani; Devi Andani
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1234

Abstract

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).
Co-Authors Devi Andani Herowati Poesoko Mohd Zamre Mohd Zahir Puji Puryani R. Murjiyato Sudiyana Sudiyana Sunarya Raharja