No Constitutional Loss, Review on Bankruptcy Law Unacceptable
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Constitutional Court decided not receive a request for a number of students owners of business entities CV. Pemuda Mandiri Sejati, who filed a judicial review of Article 2 paragraph ( 1 ) of Law Number 37 of 2008 on Bankruptcy and Suspension of Payment.

Pronunciation of the verdict in the trial case number 58/PUU-XI/2013, Thursday (17/10/2013), led by Deputy Chief Justice Hamdan Zoelva, on the consideration of the Court ruling judge found no constitutional rights of the Petitioners either real or potential effect enactment of Article 2 paragraph (1) of Act petitioned for.

Article 2 paragraph ( 1 ) which reads "Debtors who have two or more creditors and not pay off the debt that has been at least one time and billable fallen, declared bankrupt by the Court’s decision, either on its own or at the request of his application of one or more creditors. "After looking at accurately, the Court saw CV Pemuda Mandiri Sejati who founded and owned by the applicant and the newly established position is not clear, whether as creditors or debtors.

According to the Court if there is any loss arising as a result of the enactment of the article then it is a detriment to the debtor. While in the petition, the Petitioners did not spell out clearly and definitely whether the applicant has been or will be a party debtor who would be hurt by the article. Moreover, there is no evidence and explanations applicant can convince the Court on the matter.

Based on these considerations, the Court is no constitutional harm suffered by the applicant to the effect of Article 2 paragraph (1) of Law 37/2004 on Bankruptcy and Suspension of Payment petitioned constitutionality.

Therefore, the applicant is not eligible legal status (legal standing) to file a petition, the Court does not consider further the principal application of the Petitioners. (Ilham/ mh)


Friday, October 18, 2013 | 10:21 WIB 100