Entrepreneur Student Revised Bankruptcy Act
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The Constitutional Court (MK) held an advanced hearing of Act 37 of 2004 on Bankruptcy and Suspension of Payment filed by CV Pemuda Mandiri Sejati, Thursday (4/7). At this meeting Petitioner conveyed the points of revision in the petition on the advice of a panel of judges in a preliminary hearing.

The applicant’s attorney, Denny Rudini said that his client was doing repairs in the petition on the advice of a panel of judges at the precede trial. "Thanks for the suggestions that have been given at the time of the first trial. In this case we fix the legal standing issue. Then posita that we specify and norms already suggested we enter as well. Then we also revised the preliminary which was considered too long. The fifth, systematic writing verse has to be improved and also the touchstone we repair to Article 28D paragraphs (1) and Section 28G (1) of the 1945 Constitution," said Denny.

In addition to conveying the points of improvement, the Petitioner in this case represented by legal counsel also filed five evidences, i.e., evidence of marked P-1 through P-5.

Chairman of Panel Hamdan Zoelva reminded the applicant to wait for a call from the Court. "Can two possibilities, can call the Court to direct a verdict when it is considered sufficient. But, it could also call on the Court to hear testimony from the government, parliament, and the brothers could ask an expert or witness. It depends on the RPH Plenum of Constitutional Court Judge," Hamdan said as he closed the hearing.

Petitioner’s attorney before, Victor Santoso Tandiasa at precede hearing expressed applicant feels there are weaknesses in the bankruptcy law, in particular Article 2 paragraph (1) which contains the terms bankruptcy. "It’s like we know it in the beginning when the law was formulated to protect the bank when the bank was in crisis, protecting the bank from rogue debtors. Later in development, in Article 2 paragraph (1) has the elements or things that can harm us Petitioner, the Petitioner namely constitutional rights in running the business. Because, we see there is so easy and simple the creditors to do (stating, red) bankrupt against the debtor," said Victor who claimed members of the Forum of Justice and Constitutional Studies (FKHK) at that time. (Yusti Nurul Agustin / mh)


Thursday, July 04, 2013 | 16:13 WIB 98