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VOL. 6, ISSUE 4 (2020)
Reconstruction of the role of advocates in enforcing the bankruptcy law based on justice value
Authors
Syafrudin Makmur, Mahmutarom, Umar Ma’ruf
Abstract
Advocates have played a vital role in realizing a fair and authoritative law enforcement in Indonesia, including in the Bankruptcy Law. However, the Law still does not bring justice to advocates as seen in article 7 paragraph (1) where its role is too monopolistic. Based on this, the writer examined it deeper into this study with the main problem namely : What is the problem contained in article 7 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and postponement of debt payment obligations (PKPU) submitted by an Advocate and How to reconstruct it based on the value of justice. The method used is the statute approach method, while the authors approach is a normative juridical approach, because the target is the law / method. Research result shows that the implementation of the bankruptcy law provides a requirement in filing a bankruptcy application process both for creditors and debtors to advocates to the Commercial Court in article 7 paragraph (1) of the Bankruptcy and PKPU Law which contradicts Article 98 (1) of Law Number 40 of 2007 concerning Limited Liability Company (PT) and this does not yet reflect the values of justice, so it needs to be reconstructed which is carried out in article 7 paragraph (1) of Law Number. 37 of 2004 concerning Bankruptcy and PKPU to: "requests referred to in articles 6, 10, 11, 12, 43, 56, 57, 58, 68, 161, 171, 207 and 212 must be submitted by an Advocate"
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Pages:173-178
How to cite this article:
Syafrudin Makmur, Mahmutarom, Umar Ma’ruf "Reconstruction of the role of advocates in enforcing the bankruptcy law based on justice value". International Journal of Law, Vol 6, Issue 4, 2020, Pages 173-178
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