TABELLIUS
Vol 1, No 3 (2023): September 2023

Repositioning the Value of Pancasila Justice in Debtor Protection in the Execution of Separatist Creditors

Raynaldi, Muhammad Ferdyanto (Unknown)



Article Info

Publish Date
06 Sep 2023

Abstract

The implementation of executions by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Law Number 37 of 2004 is contrary to Pancasila justice. The method used is the normative juridical method. Based on the data obtained, it appears that the implementation of bankruptcy execution as regulated in Article 55 and Article 56 of Law Number 37 of 2004 prioritizes the interests of separatist creditors without having to go through aanmaning in court, the meaning of the debtor's insolvency should be an examination in court or through aanmaning regarding the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. Keywords: Creditor; Debtor; Execution; Legal; Protection.

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Journal Info

Abbrev

tabelius

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

TABELLIUS: Journal of Law is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. TABELLIUS: Journal of Law published in four (4) times a year they are in March, June, September and December. This journal provides immediate open access to its content on ...