Perlindungan Hukum Terhadap Kreditor Karena Adanya Itikad Tidak Baik Oleh Debitor Dalam Kepailitan

Anggitama, Dianita (2024) Perlindungan Hukum Terhadap Kreditor Karena Adanya Itikad Tidak Baik Oleh Debitor Dalam Kepailitan. [Tugas Akhir/Skripsi] (Unpublished)

	Text Abstrak Dianita .pdf Download (2MB)
	Text Bab 1 Dianita .pdf Restricted to Repository staff only Download (3MB)
	Text Bab 2 Dianita.pdf Restricted to Repository staff only Download (3MB)
	Text Bab 3 Dianita.pdf Restricted to Repository staff only Download (4MB)
	Text Bab 4 Dianita.pdf Restricted to Repository staff only Download (853kB)
	Text Daftar Pustaka Dianita.pdf Restricted to Repository staff only Download (394kB)
	Text Jurnal Dianita.pdf Restricted to Repository staff only Download (317kB)
	Text Cek Plagiasi 1 Dianita.pdf Download (554kB)
	Text Cek Plagiasi 2 Dianita.pdf Restricted to Repository staff only Download (6MB)

Abstract

The research entitled Legal Protection of Creditors due to Bad Faith by Debtors in Bankruptcy aims first to examine and research how the characteristics of the good faith of debtors to their creditors in bankruptcy. Second, to examine and scrutinize the form of legal protection to creditors from the existence of bad faith by debtors in bankruptcy. The research method used in this thesis uses Normative research method which is library research, namely research on laws and regulations and literature related to the material discussed. Based on the results of the research, it can be concluded First: that the good faith of debtors to their creditors in bankruptcy can be shown in the form of actions that are worthy of integrity and have high compliance with Article 1320 BW as a condition for the validity of an agreement, as well as Article 2 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (hereinafter referred to as the K-PKPU Law). An assessment of whether or not a debtor is in good faith can be made during the examination process of a bankruptcy petition to the Commercial Court. Good faith has not been explicitly and specifically mentioned in the K-PKPU Law, whereas this principle should be upheld in order to maximize the resolution of bankruptcy and PKPU disputes. Second: The legal protection given to creditors if bad faith is found is by filing an actio pauliana lawsuit. The K-PKPU Law does not mention the term "actio pauliana" but rather the term "cancellation of debtor's legal actions". So that if it is found that the debtor has taken an action that is not required by the agreement or law, the creditor can file an actio pauliana lawsuit. Keywords: Bad faith, Legal Protection, Actio Pauliana

Item Type:	Tugas Akhir/Skripsi
Uncontrolled Keywords:	Bad faith, Legal Protection, Actio Pauliana
Subjects:	K Law > K Law (General) K Law > KD England and Wales K Law > KD England and Wales > KDC Scotland K Law > KF United States Federal Law K Law > KZ Law of Nations
Divisions:	Faculty of Law
Depositing User:	00 Perpustakaan UWKS UWKS
Date Deposited:	25 Apr 2024 02:32
Last Modified:	25 Apr 2024 02:32
URI:	http://erepository.uwks.ac.id/id/eprint/18149

Actions (login required)

View Item

Downloads