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Renvoi Procedure for Justiabelens' Justice in the Bankruptcy Law

Raden, Murjiyanto and Suci, Ivida Dewi Amrih and Poesoko, Herowati and Harianto, Aries (2022) Renvoi Procedure for Justiabelens' Justice in the Bankruptcy Law. Journal of Law, Policy and Globalization, 122. ISSN 2224-3259

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Abstract

Renvoi Procedure is a request for credits verification by creditors due to the curator's objection on the creditor’s
claims by the curator, in which the procedure is submitted to the commercial court. This procedure should be
easy and fast. It is useful and has legal certainty as a form of justice for all justiabelens. The analysis of this
procedure has fulfilled the principle of justice; therefore the researcher applies two theories, namely the theory of
legal objectives which the researcher draws from the three general teachings of Gustav Radbruch, and the theory
of legal system of Kees Schuit which teaches the ideal element, the operational element, and the actual element.
There are several approaches used namely, historical approach, comparative approach, conceptual approach,
statutory approach, and case approach. This research is expected to produce prescriptive conclusions and
recommendations to gain justice for justice seekers (justiabelen), and is expected to be input for government’s
policie.

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 02:53
Last Modified: 27 Sep 2024 06:09
URI: https://repository.janabadra.ac.id/id/eprint/15

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