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122 J.L. Pol'y & Globalization 1 (2022)

handle is hein.journals/jawpglob122 and id is 1 raw text is: Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) t Vol.122, 2022 11IE Renvoi Procedure for Justiabelens' Justice in the Bankruptcy Law Dr. Murjiyanto, S.H., M.Kn.J Dr. Ivida Dewi Amrih Suci S.H., M.H., M.Kn.1 Prof. Dr. Herowati Poesoko, S.H., M.H.2 Dr. Aries Harianto, S.H., M.H.2 1. Lecturer at Faculty of Law, Janabrada University, Yogyakarta 2. Lecturer at Faculty of Law, Jember University, Jember * E-mail of the corresponding author : dr.aries99@gmail.com Abstract Renvoi Procedure is a request for credits verification by creditors due to the curator's objection on the creditor's claims by the curator, in which the procedure is submitted to the commercial court. This procedure should be easy and fast. It is useful and has legal certainty as a form of justice for all justiabelens. The analysis of this procedure has fulfilled the principle of justice; therefore the researcher applies two theories, namely the theory of legal objectives which the researcher draws from the three general teachings of Gustav Radbruch, and the theory of legal system of Kees Schuit which teaches the ideal element, the operational element, and the actual element. There are several approaches used namely, historical approach, comparative approach, conceptual approach, statutory approach, and case approach. This research is expected to produce prescriptive conclusions and recommendations to gain justice for justice seekers (lustiabelen), and is expected to be input for government's policie. Keywords: bankruptcy law, justiabalens, renvoi procedure, DOI: 10.7176/JLPG/122-01 Publication date:July 31st 2022 1. Introduction The Law of Bankruptcy is prepared by the government to settle any existing debts. At beginning, it was to anticipate the monetary crisis occurred in Indonesia which had an unfavorable impact on the national economy, and brought great difficulties for the business world in settling debts and receivables to continue all activities.1 Bankruptcy cases are also expected to be a fast trial. However there are some process and formalities that should be carried out. The requirements for bankruptcy based on article 2 paragraph (1) are very simple, namely A debtor who has two or more creditors does not pay off at least one debt that has matured and can be collected, is declared bankrupt by a court decision, either at his own request or at the request of one or more creditors. It shall be a simple thing for a person or legal entity to settle any cases of bankruptcy. The curator shall perform three stages to settle bankruptcy cases; First, the inventory stage, namely the stage of searching for debtor's assets, making an inventory of debts and receivables, securing debtor's assets which are referred to as bankrupt assets. Second, the verification stage where the curator verifies the debts and receivables of the debtor. There are kinds of creditors for debtor's debt, namely preferred creditors, special creditors, and separatist creditors, all of which have levels of priority for debt. After dividing the types of creditors, the final point is to take care of concurrent creditors with no collateral. Concurrent creditors (or referred to as unsecured creditors) carry out the calculation of their debts by first submitting a claim for receivables with complete evidence, and the curator matches the calculations of creditors' receivables through creditor meetings to make a list of receivables which are classified into accepted and denied receivables. The Article 127 paragraph (1) of the Bankruptcy Law stipulates that creditors and curators are given the opportunity to file an application for the denial of the debtor's bill. However, the norm of Article 127 paragraph (1) of the Bankruptcy Law states that it is an objection; while the renvoi procedure is different from a rebuttal since it has different characteristics. There are several meanings of renvoi procedure analyzed from some countries by the researcher, i.e., in the European economic community (EU Court of Justice), it is known as secondary proceeding, the Dutch Civil Law defines it: The Trustee Up to a Certain Extent. The Italian Civil Code calls it: The Statement of Claims. The Greek law (III Greece Commercial Code) states: Bankruptcy Proceedings and for The Distribution of the Proceed of Liquidation. The Danish Bankruptcy Law defines it: The Creditor Claim to Have a Preferential Standing, or Have Security for His Claim in the Form of Estate, The Information Must Be Stated when Lodging the Claim. The United States (Insolvency Practitioners regulations 1190 and the Insolvency Regulation 1986) calls it a correction procedure (renvoi). Regarding the meaning of the word, Article 127 paragraph (1) of the Bankruptcy Law should refer it to as renvoi procedure rather than a rebuttal or objection. Since law is about meaning, a wrong meaning may causes misinterpretation of the rules. Law is about meanings; therefore law is built from a system of meaning and other related systems which 1 The preamble to Act Number 37 of 2004 on Bankruptcy and Suspension of Credit Repayment Obligations 1

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