DECONSTRUCTING SIMPLE EVIDENCE IN BANKRUPTCY PETITION FOR LEGAL CERTAINTY

M Hadi Shubhan

doi:10.15742/ilrev.v9n2.527

Abstract

This study analyzed the theories, norms, and practice of simple evidence (pembuktian sederhana) which have become the requirements for bankruptcy petition applications. The evidence applied in the procedure law of the bankruptcy petition and the Suspension of Debt Repayment Obligation or PKPU was simple evidence. The existence of the simple evidence requirement actually caused the bankruptcy petition to have a complication and legal uncertainty. Therefore, the norm of simple evidence needs to be reconstructed. The aspects that have fulfilled simple evidence in the bankruptcy petition or PKPU application included two (2) bankruptcy requirements, namely, unpaid debt that has matured and is collectible and the presence of at least two creditors. The research results found that the Bankruptcy Law determined that simple evidence in bankruptcy was necessary. However, the Bankruptcy Law did not definitively set the limits referred to as simple evidence, which resulted in norm obscurity. In practice, the judges had rejected bankruptcy petitions with unimportant considerations in evidence. In addition, disparities took place in bankruptcy decisions in applying simple evidence because there were complicated cases regarding the conditions for bankruptcy petitions. The court, on the other hand, considered and decided that the cases were not simple. Conversely, there were also simple cases that were adjudicated by the court to be not simple, thus, their bankruptcy petitions were overruled.

Highlights

Indonesian bankruptcy requirements, as regulated by Law Number 37 of 2004 on Bankruptcy and the Suspension of Debt Repayment Obligation, or PKPU, include first, the presence of two or more creditors, and second, the existence of at least one past due and collectible debt unpaid in full
The general explanation of Bankruptcy Law states that the primary conditions for declaration of bankruptcy are that a debtor has at least two (2) creditors and has failed to pay off at least one past due debts
Article 8, paragraph (4) of the Bankruptcy Law states that a bankruptcy petition application must be granted if it is supported by the facts or circumstances pertaining to simple evidence, such that it fulfills the requirements referred to in Article 2, Paragraph (1)

Summary

INTRODUCTION

Indonesian bankruptcy requirements, as regulated by Law Number 37 of 2004 on Bankruptcy and the Suspension of Debt Repayment Obligation, or PKPU (hereafter referred to as Bankruptcy Law), include first, the presence of two or more creditors, and second, the existence of at least one past due and collectible debt unpaid in full. Evidence becomes an essential aspect of the judicial process in bankruptcy petitions filed in district commercial courts This is because, in civil cases, including bankruptcy, the party required to conduct the verification is the one who suggests a particular case, instead of the panel of judges. As the primary factors in the determination of the legal basis of bankruptcy in Indonesia, various laws and regulations, as well as the decisions of the commercial court and the Supreme Court, are the subjects of the current research. Both inductive and deductive reasoning were utilized for this study

The Essence of Bankruptcy

Bankruptcy Requirements

THE PRACTICE OF SIMPLE EVIDENCE IN COMMERCIAL COURT

Lawsuit

Case Analysis

CONCLUSION