PAKSA BADAN (GIJZELING) SEBAGAI UPAYA PEMAKSA TERHADAP DEBITOR DALAM KEPAILITAN

• Main Authors: Batara R, Meir Elizabeth, Pramono, Nindyo
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: Commercial and Contract Law
• 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
• Institution: Universitas Gadjah Mada

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.