ANALISIS YURIDIS PENGGUNAAN CESSIE UNTUK PENGAJUAN KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DENGAN 1 (SATU) KREDITOR (STUDI KASUS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR 63/PKPU/2012/PN.NIAGA. JKT.PST. DAN PUTUSAN PENGADILAN NIAGA NOMOR 09/PAILIT/ 2013/PN.NIAGA.MDN.)

Novalia Simamora, Maryati Bachtiar, Riska Fitriani

Abstract


PKPU decision No. 63/ PKPU / 2012 / PN.Niaga.Jkt.Pst, the judge in its verdict
acknowledges that the transfer of receivables (cessie) made by PT.Global (the applicant) to
Johanes H.L.Thomas, although not preceded by civil events. Decision No. 09 / Bankrupt /
2013 / PN.Niaga.Mdn, rejected the petition for bankruptcy filed by the petitioner because the
judge believes that the Cessie done by PT.TUM (the applicant) to Maswadi Yanto Ndey is
considered invalid because it was not preceded by civil events prior to the transition accounts
receivable (cessie).
The purpose of this research is first, to know whether to file Bankruptcy and
Suspension of Payment Obligation (PKPU) with 1 (one) creditor. Second, how to obtain
other creditors by using available legal institutions and tools and lastly to see if the cessie
has the legal power to get other creditors.
This research uses the method used is normative juridical. This research method is
done by examining the existing library material that is more discussed about legal
systematics. The data used is secondary data, that is data supporting the information or
supporting the completeness of primary data obtained from library conducted by literature
study or literature. Data collection techniques that will be used in this research is by way of
library research and data analysis is done qualitatively normative ie the analysis used
without the use of numbers and statistics and mathematical formulation is presented in the
form of description.
The results of this research are first, based on Article 2 paragraph (1) of Law Number
37 Year 2004 on Bankruptcy and Postponement of Debt Payment Obligations. The creditor
can not apply for Bankruptcy and Suspension of Debt Payment Obligation because it does
not meet one of the requirements that the debtor has only 1 creditor only. Secondly, Cessie is
a method of transferring and / or handling of receivables in the name set forth in Article 613
of the Civil Code (KUH Perdata). The transition of receivables by means of this cessie that
can be used as a creditor to get other creditors. Third, the government should make more
specific and detailed legal rules on the transfer of receivables in a cessie manner so that law
enforcement authorities can consistently apply the rule of law for the sake of justice for the
parties concerned in PKPU.
Keywords: Cessie-Bankruptcy-Legal Certainty

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