Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Vol. 6 No. 1 (2024)

Bankruptcy Petition Based on Debt Arising from Agreement with Arbitration Clause

Gunawan, Triandy (Unknown)
Rachman, Yulian Ananto (Unknown)



Article Info

Publish Date
14 Mar 2024

Abstract

The business world requires efficient and cost-effective methods of resolving business disputes. With the presence of Arbitration Institutions as an alternative for resolving business disputes outside the judicial system, the business world has various options tailored to their characteristics and needs. Apart from going through arbitration institutions, it turns out that debt dispute resolution can also be done through PKPU (Postponement of Debt Payment Obligations) and filing for Bankruptcy at the Commercial Court. The disharmony between the absolute authority of arbitration which is extra-judicial in nature and the absolute authority of the Commercial Court which is an extraordinary court in examining and adjudicating bankruptcy applications gives rise to legal problems which can affect the confidence of the business world. This research aims to analyze bankruptcy applications based on debts arising from agreements with arbitration clauses. This research uses normative legal research methods with a statutory approach and a legal concept analysis approach. The research results show that the Commercial Court is an extraordinary court, so it has the authority to adjudicate bankruptcy applications even though there is an arbitration clause. To file a bankruptcy petition at the Commercial Court, it is necessary to fulfill the requirements of simple proof of the existence of at least two creditors, one of whose debts is due and can be collected.

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Journal Info

Abbrev

almanhaj

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan ...