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PERMANENT LEGAL STRENGTH (INKRACHT VAN GEWEIJSDE) PKPU PEACE IN BANKRUPTCY LAW

Poesoko, Felly Felmmy Dwi Renaningtyas and Susanti, Dyah Ochotorina and Tektona, Rahmadi indra and Suci, Ivida Dewi Amrih and Astutik, Sri (2024) PERMANENT LEGAL STRENGTH (INKRACHT VAN GEWEIJSDE) PKPU PEACE IN BANKRUPTCY LAW. Awang Long Law Review, 6 (2). pp. 376-382.

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Abstract

The decision to ratify PKPU peace (homologation) based on its regulations has permanent legal force
(inkracht van geweijsde). This decision is as permanent as the final decision. An inkracht van
geweijsde decision is a decision that cannot be submitted in a new case (nebis in idem). The nature of
permanent legal force is related to whether it can be executed or implemented immediately, so that
this decision requires legal certainty by stating that the decision must have permanent legal force.
Bankruptcy law regulates differently regarding the permanent legal force in PKPU decisions, the
difference being that the permanent legal force does not apply to the entire substance of the case but
only to the peace agreement agreement, which can be called limited permanent legal force.
Regarding this specificity, the researcher wants to analyze it under the title "permanent legal force
(inkracht van geweijsde) of PKPU peace in bankruptcy law". This research uses normative juridical
research methods, with the analysis of peace theory, legal system theory and theory of legal
objectives with a statutory approach, conceptual approach and case approach and which is expected
to have prescriptive value in the future in accordance with its axiology, namely the aim of law is
justice.

Item Type: Article
Subjects: 300 – Ilmu Sosial > 340 Ilmu hukum > 340 Ilmu hukum
Divisions: Hasil Penilitian
Depositing User: Unnamed user with email administrator@janabadra.ac.id
Date Deposited: 27 Sep 2024 02:33
Last Modified: 27 Sep 2024 02:34
URI: https://repository.janabadra.ac.id/id/eprint/13

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