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The Nature of Renvoi Procedure in Insolvency Law in Indonesia

Suci, Ivida Dewi Amrih and M, Khoidin and M, Hadi SHubhan and Poesoko, Herowati (2018) The Nature of Renvoi Procedure in Insolvency Law in Indonesia. Journal of Law, Policy and Globalization, 70. ISSN 2224-3240

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Abstract

One of the priciples of Insolvency Law is credit settlement to renormalize fairly,quickly and effectively in
business world because it is regulated in law. However
renvoi procedure is juridically not regulated in Law
Number 37 Year 2004 about Insolvency and Credit Payment Obligation Adjournment. For this fact, to find out
the nature of
renvoi procedure in Insolvency Law in Indonesia based on the conceptual system constitutes a legal
effort for curator, or creditor to settle the credit dispute in court on the supervisory judge’s order. The juridical
meaning of
renvoi procedure in Insolvency Law in Indonesia is not objection, so it needs improvement in
Article 127 section (1) of Law Number 37 Year 2004 about Insolvency and Credit Payment Obligation
Adjournment, which firmly has to remove the word “objection” to be “
renvoi procedure”. In addition, Renvoi
procedure in Indonesia reflects the principle of formal justice and substantive justice, but it does not reflect the
legal certainty. It is therefore necessary to change the word objection into
renvoi procedure that it is useful for
the justice seekers.

Item Type: Article
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 03:24
Last Modified: 27 Sep 2024 06:17
URI: https://repository.janabadra.ac.id/id/eprint/18

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