Suci, Ivida Dewi Amrih and Poesoko, Herowati and Rahardja, Sunarya Rahardja and Puryani, Puji and Andani, Devi (2024) PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE. Awang Long Law Review, 6 (2). pp. 483-489.
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Abstract
Practical law development is described as implementing the duties or ideals of the law in practice.
Law is an arrangement the state provides to the community as a guarantee of security for justice
seekers (justiabelen). In practice, cases examined in the application of the law by linking the
regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as
the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is
lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a
court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the
Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be
strongly encouraged so that the success rate is high. This is because this institution at an early stage
is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can
continue his business and can pay his debts to creditors, therefore it is expected to provide justice for
the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of
legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice
as a legal goal. The author in this article analyzes "how the practical legal implementation of the
PKPU peace institution achieves the value of justice". The writing of this article uses the normative
juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory
of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty,
benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil
elements, operational elements and actuil elements. The approach used is conceptual approach,
statutory approach, and case approach. The conclusion to be reached has prescriptive value as an
apology for the world of legal science, especially the science of bankruptcy law and the institution of
Postponement of Debt Payment Obligations (PKPU).
Item Type: | Article |
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Subjects: | 300 – Ilmu Sosial > 340 Ilmu hukum > 340 Ilmu hukum |
Divisions: | Hasil Penelitian |
Depositing User: | Unnamed user with email administrator@janabadra.ac.id |
Date Deposited: | 27 Sep 2024 02:42 |
Last Modified: | 27 Sep 2024 06:02 |
URI: | https://repository.janabadra.ac.id/id/eprint/14 |