Jurnal Restorative
Vol 1 No 2 (2024): Restorative Journal

WANPRESTASI DALAM HUKUM PERJANJIAN DAN UTANG DALAM HUKUM KEPAILITAN

Ribi, Hikmawati (Unknown)
Zakiah, Zakiah (Unknown)



Article Info

Publish Date
29 Feb 2024

Abstract

ABSTRACT The phenomenon of resolving defaults on the basis of perceived debt using bankruptcy law mechanisms has become widespread. It is not uncommon for the bankrupt respondent to deliberately default in order to retaliate against the opposing party who has defaulted previously. This journal's research points to the concept of default in contract law that can be fully applied to the concept of debt in bankruptcy law.Research using normative legal research methods through statutory approaches, case approaches, comparative approaches and conceptual approaches. Analysis of legal materials is carried out using an exploratory qualitative approach using interpretive, systematic, evaluative, constructive and argumentative techniques.The research results show that not all defaults can be categorized as debts in bankruptcy, except if the achievements in question are achievements in the field of business activities/trade debts. Defaults are only responsible for creditors who have made an agreement, but in bankruptcy law, they must be looked at and the resolution will involve all other creditors as well. Keywords: Law, Default, Bankruptcy.

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Journal Info

Abbrev

hukbis

Publisher

Subject

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

Description

Jurnal Restorative fokus pada penerbitan artikel penelitian hukum dan artikel ilmiah terkait maslah hukum pidana, perdata dan administrasi dalam ruang lingkup hukum ...