Asas itikad baik dalam proses penundaan kewajiban pembayaran utang sehingga dapat berfungsi maksimal untuk memberikan jalan keluar bagi debitor dan para kreditor = The importance of good faith in the process of suspension debt payment obligation (PKPU) in
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Institusion
Universitas Pelita Harapan
Author
Setiawan, Desy Puspita Cahyani
Subject
K Law (General)
Datestamp
2023-10-04 08:18:37
Abstract :
The principle of good faith is an important essence to a relationship that is made with another party. In this paper the principle of good faith is discussed within the process of Delaying Debt Payment Obligations (PKPU), how important is the principle of good faith in the settlement of cases through PKPU. The parties concerned have a relationship that is based on rights and obligations by the agreements of all parties, at the beginning there was a cooperation that is expected to run well but there are unexpected troubles in the coming days, in this case there are bills that are due and unpaid. The bill is not just one bill but more than one bill and more than one Creditor. The party that felt aggrieved is the Creditors since they had finished their obligations but not to receive his rights, means they are not fulfilled by the other party, namely the Debtor. This writing uses the Normative Legal Research method or Normative Juridical Research, this type of research is based on Literature Research that because it is related to a variety of data and the author analyzes the data by using the nature of qualitative analysis, analyzing the principles of law, also systematic system of law. The Legal material is then processed using the deductive method, because it takes from a general problem visioned with the problem being discussed to get a conclusion. The purpose of this research is to find out how important the existence of good faith is in the process of delaying debt repayment obligations so that the results would optimally provide a way out for the Creditors.
The principle of good faith is an important essence to a relationship that is made with another party. In this paper the principle of good faith is discussed within the process of Delaying Debt Payment Obligations (PKPU), how important is the principle of good faith in the settlement of cases through PKPU. The parties concerned have a relationship that is based on rights and obligations by the agreements of all parties, at the beginning there was a cooperation that is expected to run well but there are unexpected troubles in the coming days, in this case there are bills that are due and unpaid. The bill is not just one bill but more than one bill and more than one Creditor. The party that felt aggrieved is the Creditors since they had finished their obligations but not to receive his rights, means they are not fulfilled by the other party, namely the Debtor. This writing uses the Normative Legal Research method or Normative Juridical Research, this type of research is based on Literature Research that because it is related to a variety of data and the author analyzes the data by using the nature of qualitative analysis, analyzing the principles of law, also systematic system of law. The Legal material is then processed using the deductive method, because it takes from a general problem visioned with the problem being discussed to get a conclusion. The purpose of this research is to find out how important the existence of good faith is in the process of delaying debt repayment obligations so that the results would optimally provide a way out for the Creditors.
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