LEGAL CONSEQUENCES OF BANKRUPTCY DECISIONS AGAINST PT. ASURANSI JIWA KRESNA (STUDY OF THE SUPREME COURT DECISION NUMBER: 647 K/PDT.SUS-BANKRUPTCY/2021)
Abstract
Abstract.
The purpose of this thesis research conducted by researchers with the title Legal Consequences of Bankruptcy Decisions Against PT Asuransi Jiwa Kresna (Study of Supreme Court Decision Number 647 K/Pdt.Sus-Bankruptcy/2021) is aimed at knowing and understanding the legal consequences of a bankruptcy decision against an insurance company that has an impact on customers and on the company itself. The research result of this thesis research is that the bankruptcy experienced by PT Asuransi Jiwa Kresna will further complicate the position of customers to receive their benefits because in bankruptcy, the company has no authority over its assets and the authority to manage these assets will be transferred to the curator. Generally, curators need a long time to be able to liquidate bankruptcy assets. In addition, after liquidation, the liquidation proceeds will be reduced by several costs such as curator fees and taxes. Therefore, the percentage of customer's income will be less. As a form of responsibility, debtors can submit a Financial Restructuring Plan (RPK) to OJK as a step to fulfill their obligations.
References
Erlina, 2017, Legal Effects of Limited Liability Company Bankruptcy, Journal of Makassar State Islamic University, Volume IV, Number 2
Karundeng, Maya, 2015, Legal Consequences of Bankruptcy in Limited Liability Companies (PT), Volume III, Number 4
Financial Services Authority, 2020, The Function of the Financial Services Authority in Supervising Insurance Companies
Purbandari, 2014, Legal Responsibility of Limited Liability Companies (PT) Declared Bankrupt, Journal of the Faculty of Law, MPU Tantular University, Volume I, Number 1
Book:
Asikin, Zainal, 2013, Hukum Dagang, RajaGrafindo Persada : Jakarta
Law and Regulation:
Law Number 25 of 2007 concerning Capital Investment
Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations Law Number 21 of 2011 concerning the Financial Services Authority
Law Number 30 of 2014 concerning Government Administration
Internet:
Cnn indonesia.com, "Chronology of the Asuransi Jiwa Kresna Case Until Punished by OJK",
Oktavira, Bernadetha Aurelia, "2 Terms of Bankruptcy and its Explanation",
Permatasari, Erizka, "New Rule for Establishing PT PMA in Indonesia",
Others :
Decision of the Central Jakarta District Court Number 389/Pdt.Sus-PKPU/2020/PN Niaga Jkt Pst
Supreme Court Decision Number 647 K/Pdt.Sus-Pailit/2021