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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Hukum PRO JUSTITIA Pembaharuan Hukum International Journal of Law Reconstruction
Theresia Anita Christiani
Universitas Atma Jaya Yogyakarta
Law, Crime, Criminology & Criminal Justice Other

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Journal : Pembaharuan Hukum

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LEGAL ANALYSIS OF BANKRUPTCY IN THE PERSPECTIVE OF LEGAL PURPOSES Theresia Anita Christiani
Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i1.11562

Abstract

Law  Number  37 Of 2004 On Bankruptcy And Suspension Of Obligation For Payment Of Debts was formed to protect creditors and debtors. The purpose of Law is to realize the value of the benefit, justice, and legal certainty. This juridical fact shows that there are legal issues that deserve to be studied normatively. Based on the above background, the problem in this research is the right proposal concept. The application of articles 2 (1) and Article 8 (4) Bankruptcy And Suspension Of Debt Payment Obligations Law can achieve legal objectives. The results showed that the proposed concept to amend the Bankruptcy And Suspension Of Debt Payment Obligations Law took time. Concrete conceptual proposals so that the application of articles a (1) and Article 8 (4) can realize values by changing the attitude of judges who decide not only based on legal certainty. The Judge's attitude in deciding must also be based on the potential impact of Bankruptcy on the Debtor, whether it will lead to benefit or justice. The constitutive nature of decisions also affects changes in judge attitudes. 
Co-Authors Kastowo, Chryssantus