Shifa Adji Nur Anggraini
Universitas Pembangunan Nasional Veteran

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Kewenangan Pengurus Koperasi dalam Pengajuan Pailit dan Akibat Hukumnya dalam Perspektif Hukum Kepailitan Shifa Adji Nur Anggraini; Wiwin Yulianingsih
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 2 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i2.1841

Abstract

This study is conducted to examine the authority possessed by cooperative management in submitting bankruptcy petitions and the legal consequences arising within the framework of bankruptcy law. The issue under discussion originates from the inconsistency between statutory provisions that grant debtors the right to file for bankruptcy and regulatory policies that impose limitations on such authority when applied to cooperatives. The analysis is directed toward understanding the legal reasoning applied by judges in assessing the validity of bankruptcy petitions submitted by cooperative management, along with evaluating the legal implications resulting from such judicial decisions. This study applies a normative juridical method through statutory and case-based approaches, focusing on applicable legal frameworks and court decisions. The results show that judges are more inclined to uphold statutory provisions granting debtors the authority to petition for bankruptcy, rather than strictly enforcing regulatory restrictions placed on cooperatives. Consequently, cooperative management is implicitly recognized as having the authority to initiate bankruptcy proceedings. This recognition gives rise to several legal consequences, including the transfer of asset control to a curator, the loss of managerial authority, and the transformation of cooperative members’ positions into creditors within bankruptcy proceedings. Such conditions generate legal uncertainty and raise concerns regarding the protection of cooperative members. Accordingly, this research highlights the importance of aligning legal norms to enhance legal certainty and provide stronger protection in the implementation of cooperative bankruptcy proceedings.