Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Lex Stricta : Jurnal Ilmu Hukum
Tiara Elpa Yuning Sari
Unknown Affiliation
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Pemenuhan Syarat Minimum Dua Kreditur Dalam Proses Kepailitan Melalui Pembuktian Sederhana Tiara Elpa Yuning Sari; Yahanan, Annalisa; Samawati, Putu
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A bankruptcy petition is a legal step taken by creditors to demand repayment of debts if the debtor fails to fulfil their obligations. Simple proof in bankruptcy, especially regarding the existence of a second creditor, is often difficult to obtain. This study analyses how the two creditor requirements in bankruptcy petitions are met, as well as the legal consequences if these requirements are not met, which can lead to the rejection of the petition. The three decisions examined are Decision Number 30/Pdt.Sus.Pailit/2023/PN Niaga Jkt.Pst, Decision Number 15/Pdt.Sus. Pailit/2025/PN Niaga Jkt.Pst, and Decision Number 33/Pdt.Sus.Pailit/2020/PN Niaga Jkt.Pst. The method used is a normative approach with a legal case study. The results of the study show that simple proof does not mean without verification, but rather sufficient formal evidence showing two creditors. In two decisions, this requirement was proven, and the bankruptcy petition was accepted, while in one decision, the failure to prove the second creditor resulted in the petition being rejected. This study recommends improving bankruptcy law and creditors' understanding of the importance of simple proof to protect their receivables rights
Co-Authors Annalisa Yahanan, Annalisa Putu Samawati, Putu