Belli Ac Pacis (jurnal hukum internasional)
Vol 2, No 2 (2016): December, 2016

URGENSI PENERAPAN ATURAN KEPAILITAN LINTAS BATAS BERDASARKAN UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY DI ASEAN

Pramesthi Dinar Kirana Ratri (Faculty of Law, Universitas Sebelas Maret)
Emmy Latifah (Faculty of Law, Universitas Sebelas Maret)



Article Info

Publish Date
31 Jan 2019

Abstract

This study’s objective is to find out about the urge of implementing cross-border insolvency regulation based on the UNCITRAL Model Law on Cross-Border Insolvency within the ASEAN members. In accordance with the recent establishement of ASEAN Economic Community in 2015. However, integrared economy also leads to the risk of cross-border insolvency as the investments within the states member increses. To achieve these objectives, the reseacrh use normative legal research which is done by examining secondary data or literature as basic material for examination by doing a search for rules and literature relating to the cases studied. The reseach was concluded that the establishment of cross-border insolvency regulation is already needed within the ASEAN country members current state. However there are a few challenges including the difference of laws within the ASEAN members. The absence of proper regulation to satisfy the issue could leads into the possibility of legal uncertainty. The most suitable solution now are to converge the UNCITRAL model law into their national insolvency law and to recognize the international comity within the members regarding the foreign proceedings and  the cross-border insolvency proceedings within the states member.

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Journal Info

Abbrev

belli

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Modern international law in the last few decades has experienced very rapid development, this is characterized by the emerge of the State in a modern sense, as well as a legal system that regulates relations between countries and international legal entities with each other. Relations between ...