The Principle of Solvency as a Consideration for Judge in Solving Bankruptcy Case in Indonesia

Boedi Haryantho, M. Hadi Shubhan, M. Zaidun


The present research is conducted in order to elaborate philosophical landscape in regard to the implementation of solvency principal due to the enforcement of Bankruptcy Act in Indonesia. Furthermore, the present study also tries to examine legal protection toward solvent debtor that holds good principal. The results showed that the philosophical foundation of insolvency testing is not applied within Indonesian law since legal debt system in Indonesia is quite easy. Simplicity of debt system in Indonesia since it will potentially be detrimental to many creditors because the proof can no longer be done simply. Legal protection for solvent debtors in good faith is obtained repressively by proving before the trial that the debtor is still in a solvent condition.

Keywords: Bankruptcy, Solvency, Good Faith

DOI: 10.7176/JLPG/96-03

Publication date: April 30th 2020

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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