Case Study
Year: 2021 | Month: January | Volume: 8 | Issue: 1 | Pages: 336-341
Efforts to Cancel Bankruptcy by the Securities Debtor on the Bankruptcy Decision Requested by the Creditors (Study of Decision Number 99 PK/Pdt.Sus-Pailit/2015)
Devina Susanti1, Muhammad Arifin2, Surya Perdana2
1,2Universitas Muhammadiyah Sumatera Utara, Indonesia
Corresponding Author: Devina Susanti
ABSTRACT
In connection with the bankruptcy issue, in this case PT. Inti Kapital Sekuritas, formerly known as PT. Andalan Artha Advisindo Sekuritas, for filing a bankruptcy application made by two creditors namely Ghozi Muhammad and Azmi Ghozi Harharah who are customers of PT. Inti Kapital Sekuritas. The court has handed down the previous decision number 08/Pdt.Sus/Pailit/ 2015/PN.Niaga.Jkt.Pst, because they have more than one debt that is due and can be collected in accordance with law number 37 of 2004 concerning bankruptcy and postponement debt payment obligations, article 2 paragraph (1) jo. Article 8 paragraph (4) which regulates the conditions for bankruptcy as follows, "A debtor who has two or more creditors and does not pay in full at least one debt that is due and can be collected, is declared bankrupt by a court decision, either on his own request or at the request of one or more creditors”. Due to no further legal remedies by the securities debtor, the decision number 08/Pdt.Sus/Pailit/2015/ PN. Niaga.Jkt.Pst has permanent legal force (inkracht). Respondent or securities debtor then submits a request for reconsideration of the court decision which has permanent legal force, by taking external legal remedies, namely reconsideration. The research method used in this thesis research is descriptive analysis, with the type of normative legal research, namely to examine legal norms related to bankruptcy petition decisions through literature study, research in terms of statutory regulations and also their elaboration and explanation of procedures and bankruptcy provisions and postponement of debt payment obligations. The conclusion of this research is that the judge granted the request for bankruptcy cancellation made by the securities debtor because there had been a significant error in the previous decision, namely case number 08/Pdt.Sus/Pailit/2015/ PN. Niaga.Jkt.Ps because the applicant is a creditor an individual who is not the Financial Services Authority (OJK) so that it does not comply with the provisions of article 2 paragraph (4) of the bankruptcy law and postponement of debt payment obligations as well as article 55 paragraph (1) of RI Law number 21 of 2011 concerning the Financial Services Authority (OJK) "function, duty and authority to regulate and supervise financial services activities in the capital market sector (BAPEPAM), or now also known as the Financial Services Authority (OJK). Therefore, the party entitled to apply for bankruptcy is the Financial Services Authority (OJK)”.
Keywords: Bankruptcy, Debtor, Creditors, Financial Services Authority (OJK).
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