Pembatalan Putusan Pailit Pengadilan Niaga Oleh Mahkamah Agung

Abstract

          The aims of this research is to determine the Judge Ratio Decidendi (law consideration), in granting Cassation Appeal in Number 522k/Pdt.Sus/2012. and the law consequences the annulment of bankruptcy against Verdict Number 02/Pailit/2012/Pn.Niaga.Smg.

            This is prescriptive normative law research and applied research with case approach. Using primary and secondary law materials of source law. Collection technique of law material in the form of a literature study or a document studies. Analytical techniques used by Author are the technical analysis of deductive syllogism.

            This bankruptcy case started from a mortgage right in a debts agreement between debtor and creditor. The debtor can't fulfill his duty, so the creditor be avowed as a bankrupt because it fulfilled the terms of bankruptcy, because the simple provident of bankruptcy was fulfilled, Semarang Commercial Court grant the bankruptcy application, but it was declined in Supreme Court Casation, the Supreme Court Casastion judge ratio decidendi are The request of bankruptcy statement is the final effort (ultimum remidium) on debtor debt to creditor problem's solving which was pledged by mortgage right, about creditor's who hold mortgage right as a Separatist Creditor should do the auction from Agency Office of debts and state auction first, not applying a bankruptcy statement because it can make a premature verdict and can be canceled by Supreme court. This canceling bankruptcy verdict make the Creditor legal position  not bankrup anymore, the completion of settlement assets bankruptcy by curator, and there was a restitutie in integrum.

            KeyWords : bankruptcy, commercial court, cassation,  void bankruptcy