Disparitas Putusan Permohonan Pailit dengan Dasar Cessie atas Sebagian Jumlah Piutang

Abstract

Applications for a declaration of bankruptcy on the basis of cessie for some of the receivables result in different decisions from commercial courts. There are decisions that grant the application and there are also decisions that reject the application. The occurrence of different decisions on bankruptcy applications on the same basis results in a lack of legal certainty. This research aims to examine, analyze and explain the disparity between commercial courts in deciding bankruptcy applications on the basis of cessie for a portion of the receivables. Types of normative legal research with a statutory approach and a concept approach. Data collection techniques were carried out using library research. The data obtained will be analyzed qualitatively. The results of the research conclude, first, that there is a disparity in decisions regarding applications for declaring bankruptcy based on cessie for some of the amounts receivable due to differences in interpretation by judges in interpreting the law. Second, an effort to create legal certainty in a bankruptcy petition based on a cessie for a portion of the receivables is by making a cessie deed for a portion of the receivables before a notary. The making of the cessie deed must be attended by all parties, so that the debtor knows well to whom he must pay. the debt.