Rorong, Theo Julian and Djaja, Benny (2023) Legal Consequences Of The Supreme Court's Decision In The Case Of A Request For Postponement Of Debt Payment Obligations Against Insurance Legal Certainty In Indonesia. Jurnal Scientia, 12 (3).
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(NOMOR 37) LEGAL CONSEQUENCES OF THE SUPREME COURT'S DECISION IN THE CASE OF A REQUEST FOR POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS AGAINST INSURANCE LEGAL CERTAINTY.pdf Download (572kB) | Preview |
Abstract
They apply the Principle of Legal Certainty in Supreme Court Decision Number
647 K/Pdt.Sus-Bankruptcy/2021 is not applied properly, when the status of PT
Asuransi Jiwa Kresna life is declared bankrupt, the most disadvantaged are the
customers, the judge should reject the application of PKPU Kresna Life, because
the applicant is not a party who has legal standing make a PKPU Application or
Bankruptcy Statement, Judge's Consideration in Supreme Court Decision Number
647 K/Pdt.Sus-Bankruptcy/2021 granted the cassation application filed by the
Cassation Applicants and canceled the Commercial Court Decision at the Central
Jakarta District Court Number 389/Pdt.Sus-PKPU/2020/PN Niaga Jkt. Pst juncto
Temporary PKPU Number 389/Pdt.Sus- PKPU/2020/PN Niaga Jkt. PSt poses
problems in the implementation of the insurance business considering that
insurance or protection is an activity that aims to avoid and delegate risks from one
party to another. The judge rejected Kresna Life's PKPU application, because the
applicant was not the competent party to apply for PKPU, but granted the PKPU
application. The Financial Services Authority should have recommended the
Insurance PKPU application, but in this case the Commercial Court Judge granted
the PKPU application which should not be accepted, by granting the PKPU
application has subsequent legal implications. In the request of Cassation, the
Supreme Court Justice accepted the petitioner's application so that PT Asuransi
Jiwa Kresna was declared bankrupt. Because the contradiction between the
Supreme Court decision and the Insurance Law creates legal uncertainty for
insurance customers. In the judge's consideration, the judge needs to be more
careful in deciding cases so that the judge does not comply with professional
obligations. As the judge needs to be more careful, it has long consequences for the
next legal process.
| Item Type: | Article |
|---|---|
| Subjects: | Artikel |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 19 Feb 2024 06:00 |
| Last Modified: | 19 Feb 2024 06:00 |
| URI: | https://repotest.untar.ac.id/id/eprint/42907 |
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