Analisis Kesalahan Penerapan Hukum Pembuktian Sebagai Dasar Pembatalan Putusan Pengadilan Niaga Oleh Mahkamah Agung

Abstract

      This study aims to investigate supreme court accordance of judge consideration canceled of the Jakarta Central District Court in Commercial Court Verdict No. 64/BANKRUPTCY/2012/PN.NIAGA.JKT.PST with Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligation.

      This type of this research is normative prescriptive applied using  legislation approach and case approach. Sources of legal materials used include the primary legal materials and secondary law that using literature as a technique of collecting legal material. Technical analysis is the method of deduction.

      Based on the results of research and discussion can be concluded that The Supreme Court in canceling the decision of the commercial court because it misapplied the law of evidence and granted a bankruptcy request in accordance with Article 2 Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligation, because in its consideration of the defendant bankrupt has two creditors and the debt that has matured and could be charged.

      Keyword: law of evidence, commercial court, Supreme Court