Faishal Fatahillah, . (2023) PERBANDINGAN KONSEP HUKUM KEPAILITAN AMERIKA (CHAPTER 11) DAN HUKUM KEPAILITAN INDONESIA. Jurnal USM Law Review, 6 (3). pp. 1262-1278. ISSN 2621-4105
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Abstract
The purpose of this research is to analyze the differences in the implementation of a legal system between the Bankruptcy Law system in America and in Indonesia, specifically regarding PKPU in Indonesia based on Law no. 37 of 2004 and Company Reorganization based on Chapter 11 US Bankruptcy Code in America. This research needs to be carried out because there are several opinions that the bankruptcy law in Indonesia does not provide sufficient protection to debtors who have good intentions, because currently there is a tendency to interpret bankruptcy as the same as liquidation. The method used in this research is juridical-normative with a conceptual approach and a comparative approach. The research is more focused on comparing the effectiveness and application of the United States bankruptcy law system and the Indonesian bankruptcy law system, which has not been explained comprehensively in previous research. The results of this research show that there are differences between PKPU as a concept in Bankruptcy Law in Indonesia, and the concept of Company Reorganization in Bankruptcy Law in America. From the research results, it is explained that company reorganization is also part of debt restructuring in the PKPU concept, where by reorganizing, companies can analyze the causes of their financial difficulties so they can immediately find the best solution.
| Item Type: | Article |
|---|---|
| Additional Information: | [No.Panggil: 2010611154] [Pembimbing: Atik Winanti] [Penguji 1: Imam Haryanto] [Penguji 2: Heru Suyanto] |
| Uncontrolled Keywords: | Debtor; Bankruptcy Law; Bankruptcy; Reorganization; Restructuring. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Faishal Fatahillah |
| Date Deposited: | 16 Feb 2024 08:46 |
| Last Modified: | 16 Feb 2024 08:46 |
| URI: | http://repository.upnvj.ac.id/id/eprint/29105 |
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