PAKSA BADAN (GIJZELING) SEBAGAI UPAYA PEMAKSA TERHADAP DEBITOR DALAM KEPAILITAN
This research is conducted through normative judical approach. The objectives of this research are to find out of the implementation of imprisonment for debtor in bankruptcy and the effectiveness of imprisonment implementation for debtor in an attempt to force to cooperate in bankruptcy. Then the...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/97197/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53997 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | This research is conducted through normative judical approach. The
objectives of this research are to find out of the implementation of imprisonment for
debtor in bankruptcy and the effectiveness of imprisonment implementation for
debtor in an attempt to force to cooperate in bankruptcy. Then the result of this
research is analyzed by applying qualitative method. Through this researcher wish to
obtain comprehensive and systematic description regarding imprisonment
implementation in an effort debtors in bankruptcy and the obstacle to in
implementing the imprisonment for debtor to cooperate bankruptcy law.
The result of this research show that by Supreme Court Regulation No.1 Year
2000 the imprisonment for debtor have been regulated in HIR and Rbg before.
However, there is no any debtor have been in imprisonment because there is no more
rule that arrange the mechanism of imprisonment implementation for Debtor�s
implementation in Bankruptcy Case as that arrange in imprisonment for debtor in
Taxation Case.
In addition, there are obstacle of the imprisonment implementation for
Debtor: (i) the opinion that show imprisonment for debtor against the human rights
(ii) economic barriers which forced the agency to impose substantial costs (iii)
mindset of the general public who consider that the rule of law in Indonesia which
tended to side with those who have power and materials. |
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