Analysis of Decision Number 33/Pdt.Sus-Pailit.2020/PN.Niaga Jkt.Pst Dispute between KT Corporation and PT Global Mediacom
Abstract
Bankruptcy is a special civil law that implements Articles 1131 and 1132 of the Civil Code. Bankruptcy is a legal remedy for creditors to ask debtors to return debts. As we know, this special legal effort is an effort that can benefit creditors, but with the condition that the debt must be due and payable. The concept of a debt that has matured does not have to be in the form of a debt agreement or acknowledgment of debt. Debts that have matured can come from obligations arising from a decision such as an arbitration award between KT Corporation and PT Global Mediacom. Bankruptcy procedural law is not like ordinary civil procedural law. In bankruptcy, the principle of simple proof is adhered to. It is not like evidence in civil law in general. When the debt can be proven simply, the debtor who is applying for bankruptcy can be declared bankrupt by the Commercial Court. The problem is that a bankruptcy petition cannot always be proven simply. An example is the bankruptcy petition submitted by KT Corporation arguing that there is a legal relationship between itself and PT Global Mediacom through ICC Arbitration Decision No. 16772/CYK. However, the bankruptcy petition was rejected by the panel of judges. This makes the definition of simple evidence and debts that are due in a bankruptcy petition narrower.
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Anisah, Siti. 2008. Protection of Creditor and Debtor Interests in Bankruptcy Law in Indonesia. Yogyakarta: Total Media
Mahmud Marzuki, Peter. 2010. Legal Research. Jakarta: Prenada Media
Muhammad, Abdulkadir. 2004. Law and Legal Research. Bandung: Citra Aditya Bakti R. Serfianto D. Purnomo, Iswi Hariyani, Cita Yustisia Serfiyani. 2018. Dispute Resolution
Litigation, Negotiation, Consultation, Binding Opinions, Mediation, Consolidation, Adjudication, Arbitration and Online Dispute Resolution Business. Jakarta: PT Gramedia Pustaka Utama
Shubhan, Hadi. 2008. Bankruptcy Law: Principles, Norms and Practices in Court. Jakarta: Kencana Publishers
Yunita Kadir. Simple Proof in Bankruptcy. University Student Scientific Journal
Surabaya. Vol. 3, no. 1 2014
Shanti Rachmadsyah, 2010, Bankruptcy Conditions,
accessed via https://www. Hukumonline.com/klinik/detail/ulasan/cl1266/kepailitan Law Number 37 of 2004 concerning Bankruptcy and Postponement of Obligations Debt Payment
Law Number 30 of 1999 concerning Alternative Dispute Resolution and Arbitrage
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DOI: http://doi.org/10.25273/ay.v4i2.20174
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