Analysis of the Renvoi Procedure in Special Cases of Insolvency on Review (Case Study of the Decision of Mahkamah Agung Number 44 PK/Pdt.Sus-Bankruptcy/2021)
DOI:
https://doi.org/10.30651/jssl.v3i1.23905Abstract
This article discusses the mechanism of renvoi procedures in civil cases specifically for bankruptcy in Indonesia, with a focus on the case study of Supreme Court Decision Number 44 PK/Pdt.Sus-Pailit/2021. The renvoi procedure allows creditors or debtors to dispute the amount of debt that has been acknowledged by the curator in the debt/receivables verification meeting. Through analysis of this decision, this article examines how disputes regarding the amount of debt can proceed to the judicial review stage and highlights the important role of the Supreme Court in providing legal certainty. The results of the analysis show that the renvoi procedure is an important instrument to ensure fairness and accuracy in the bankruptcy resolution process. Even though the amount of the debt has been acknowledged in the verification meeting, new evidence or recalculation can change the amount, and the dispute can be taken to court until a decision with permanent legal force is reached. This case highlights the complexity and importance of procedural review as well as the central role of the Supreme Court in ensuring that the bankruptcy resolution process is fair and in accordance with applicable legal provisions.
Keywords: Renvoi Procedure, Bankruptcy, Judicial Review
References
Arizona, W. (2019). Juridical Analysis of the Legal Power of Submission of Renvoi Procedure Application by Creditors Based on Internal Audit of Creditor Company: Study of Supreme Court Decision No. 617. K/Pdt. Sus. Bankruptcy/2018. USU Law Journal, 7, 57-64.
Satriadi, D., & Rifai, A. (2023). Renvoi Procedure as a Legal Remedy for Creditor Bills Rejected by the Curator in Bankruptcy Cases (Study of Renvoi Procedure Decision Number 28/Pdt. Sus Pkpu/2018/Pn. Niaga. Jkt. Pst). UNES Law Review, 6(2), 7737-7748.
Ardytia, W. (2009). Legal Protection of Creditors in Bankruptcy (Case Study of Judicial Review of Reg. No. 07 PK/N/2004) (Doctoral dissertation, Diponegoro University Graduate Program).
Saija, R. (2019). Creditor Protection for Bankruptcy Filed by Debtor in the Review Process at the Commercial Court. Sasi, 24(2), 114-123.
Rochmawanto, M. (2015). Legal Remedies in Bankruptcy Cases. Independent Journal, 3(2), 25-35.
Farida, F. S. (2023). LEGAL EFFORTS TO REVIEW BANKRUPTCY CASES BASED ON THE DECISION OF THE PANEL OF JUDGES ON THE PETITION FOR PKPU (JURIDICAL REVIEW OF MA JUDGE'S DECISION NO. 134-
PK/Pdt. Sus Bankruptcy/2016). Respublica Law Journal, 22(2).
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Dewi Nawang Wulan
This work is licensed under a Creative Commons Attribution 4.0 International License.
