Analisis Yuridis Kompetensi Pengadilan Niaga Dalam Perkara Kepailitan (Studi Kasus Terhadap Putusan Nomor 65/PAILIT/2010/PN.NIAGA.JKT.PST)
| Main Author: | Hariandja, Satria Braja |
|---|---|
| Other Authors: | Nasution, Bismar, Sunarmi, Devi A, T. Keizerina |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/27424 |
Daftar Isi:
- Jakarta Pusat Trade Court does not have ayuthority examining and making decision of the case bankruptcy between PT. BANK CIMB NIAGA (Applicant for Bankruptcy I) and PT. ARITA PRIMA PERKASA (Applicant for Bankruptcy II) againts PT.MESTIKA SAWIT INTIJAYA (Pleaded to be bankrupt) in relation with the relative Competency of Trade Court based on the legal position of the pleaded which has been clearly regulated in law No.37/2004 on Bankruptcy an Delay of Loan Repayment Obligation. Yet, Jakarta Pusat Trade Court has made the decision of the case under the registration No.65/Pailit/2010/PN.NIAGA. JKt.PST. Based on the acove description, the title of this study is “Juridical Analysis of Trade Court Competency in bankruptcy Case ( Case Study of Court Decision No.65/Pailit/2010/PN.NIAGA.JKT.PST). The research questions to be answered were to word extent the authority of Trade Court can examine bankruptcy case based on law No.37/2004 on Bankruptcy and Delay of Loan Repayment Obligation, what legal consideration the judge took in court decision No.65/Pailit/2010/PN.NIAGA.JKT.PST., and how the judge’s decisions in this bankruptcy case was implmented. This study employed the normatve legal research method and statute approach. As an analytical descriptive study, the process of analyzing decision No.65/ Pailit/2010/PN.NIAGA.JKT.PST., was done by using qualitative analysis to deeply reveal the opinions and concepts needed and will be described cmprehensively to answer the problems found in this thesis. The conclusion was drawn by using deductive-inductive approaches. The legal concideration taken by the judge in this thesis, which is related to Relative Competency, is not appropriate to the stipulation of bankruptcy application because, in this case, it is the Trade Court within the court of First Instance that has an authority to examine and make decision for the case. The stipulation on this submission of application is clearly regulated in article 3 Paragraph 1-5 of Law No.37/2004.
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