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The Principle of Utility in Revoking a Bankruptcy Adjudication in Bankruptcy Law

ivada, Dewi Amrih Suci and Raden, Murjiyanto and Mohd, Zamre mohd zahir and Sudiyana, Sudiyana (2024) The Principle of Utility in Revoking a Bankruptcy Adjudication in Bankruptcy Law. Journal of Private and Commercial Law, 5 (1).

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Abstract

Bankruptcy law regulates the unity of assets due to bankruptcy
adjudications, as stipulated in Article 64 paragraph (1) of the Bankruptcy
Law, which establishes that "The bankruptcy of a husband or wife who is
married under a unity of assets shall be treated as the bankruptcy of that
unity of assets." However, bankruptcy law does not yet address the unity of
assets that remain undivided due to divorce, and the case where a husband
or wife who has divorced is declared bankrupt. The bankruptcy orders
against these distinct legal subjects have been filed in separate commercial
courts, indicating that they are indeed separate legal subjects. The question
arises whether the undivided unity of assets can undergo a consolidation of
bankrupt assets for both parties in separate cases. Drawing from Article 2
paragraph (1) of the Bankruptcy Law, which stipulates that "A debtor who
has two or more creditors that remain unpaid and one of them has fallen
due may be declared bankrupt," we inquire whether this principle can be
applied. Likewise, based on the principle of integrity and the absence of
provisions regarding undivided shared assets, this study adopts a generic
legal approach. This research employs a normative methodology with the
analytical framework of Kees Schuit's legal system theory and the goal

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: 05 Aug 2025 01:56
Last Modified: 12 Aug 2025 01:58
URI: https://repository.janabadra.ac.id/id/eprint/66

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