KEDUDUKAN KREDITUR SEPARATIS PASCA BERLAKUNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013 TENTANG UPAH PEKERJA DALAM KEPAILITAN
| Main Author: | Suci, Nanda Tiara |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/50970/5/PENDAHULUAN.pdf http://eprints.umm.ac.id/50970/2/BAB%201.pdf http://eprints.umm.ac.id/50970/1/BAB%202.pdf http://eprints.umm.ac.id/50970/4/BAB%203.pdf http://eprints.umm.ac.id/50970/3/BAB%204.pdf http://eprints.umm.ac.id/50970/6/LAMPIRAN.pdf http://eprints.umm.ac.id/50970/ |
Daftar Isi:
- The decision of the Constitutional Court Number 67 / PUU-XI / 2013 states that payment of labor wages must take precedence over all types of creditors including separatist creditors, state rights bills, and auction offices. The decision had an impact on the shifting of the creditor's position, especially the separatist creditors who had previously been above the wages of workers. Referring to this, the author took 2 (two) formulations of the problem related to how to consider the basis of the decision and how the position of the separatist creditor after the decision Number 67 / PUU-XI / 2013. The research method uses normative juridical approach to conseptual approach. Primary legal materials, namely the 1945 Constitution, Civil Code, Bankruptcy Law, Guarantee Law and Labor Law. Secondary legal material from the literature of books, theses, journals, etc. Tertiary legal material, in the form of a dictionary that explains primary and secondary legal materials. Collection of legal materials with library research and all that is done content analysis. The discussion of this thesis shows that judges' legal considerations are based on 3 (three) aspects, namely legal subjects, objects, and risks so that the position of separatist creditors in bankruptcy is now under the wages of workers. This clashes with the principle of structured creditors in bankruptcy, the principle of lex specialis derogat Lex generalis, and the theory of distributive justice. The conclusion of this paper is that the Constitutional Court's decision resulted in the separatist creditor currently losing his position in the bankruptcy of the Boedel which had previously been regulated and confirmed in the Civil Code, Legal Guarantees, and Bankruptcy Law. The author's suggestion is that the government with legislative immediately revise, synchronize and harmonize the relevant law and guarantee and protect workers by establishing labor rights guarantee institutions, so that they do not sacrifice the rights and position of separatist creditors who have been explicitly regulated in the Civil Code, Guaranteed Law and Bankruptcy Law