KEWENANGAN PENGADILAN MENYELESAIKAN PERKARA KEPAILITAN: Suatu Kajian Perbandingan di Indonesia dan Malaysia

Tata Wijayanta

Abstract

The research aim toanalyse and compare the authority ofthe court tosettle bankruptcy cases in the judicial system in the two countries. The research ofThe Authority ofThe Courts to Settle Bankruptcy Disputes: a comparative analysis ofthe position in Indonesia and Malaysia is a qualitative research The data is obtained from library research in Indonesia and Malaysia The result demontrates the Malaysian judicial system has nospecial courts tosettle bankruptcy disputes. Bankruptcy disputes are within the authority the high court in which there is a special department that examines and settles bankruptcy disputes. In Malaysia, the high court hasbeen formed in every states. Moreover, in a state with a large territory, there are two high courts, as consequence, there are twenty one high courts in Malaysia. In Indonesia, on theotherhand, theauthority tosettlebankruptcy disputes in within specialcourt calledthe
commercial court. The last court is formed within thw district court. Although everydistrict orcity has its own districtcourt, up to now there are only five commercialcourts.

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