Justice in Article 21 of the Law on Dependent Rights and Article 56 Paragraph (1) of the Bankruptcy Law for Creditors and Debtors

In the business world, the time of 90 (ninety) days, which is contained in the regulation of the Period of Stay in bankruptcy is not a short time. In practice, usually those who hold dependent rights urgently need to accelerate capital turnover. This acceleration of capital turnover will result in profits and losses that will be experienced by the parties concerned. The longer the credit that should be returned but not paid to the separatist creditor who holds the right of dependency, will also have an impact on the loss of the separatist creditor for the profits that he must receive. This research is prescriptive. So that it is understood for academics and legal practitioners that the Lex Specialis Derogat Lex Generali Principle, in overcoming the conflict of legal norms between the Bankruptcy Law and the Law on the Rights of Dependents (UUHT) regarding the Rights of Dependents, has a role to complement (aanvullend) not to deviate (uitzondering)

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Publication Details

Journal
International Journal of Integrative Sciences
Published
2025-03-24
DOI
https://doi.org/10.55927/ijis.v4i3.105
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Justice in Article 21 of the Law on Dependent Rights and Article 56 Paragraph (1) of the Bankruptcy Law for Creditors and Debtors

Ayub Torry Satriyo Kusumo, Arief Suryono, Rahma Assyifa Sahda
International Journal of Integrative Sciences
Corporate Governance and Law
article

Justice in Article 21 of the Law on Dependent Rights and Article 56 Paragraph (1) of the Bankruptcy Law for Creditors and Debtors

Ayub Torry Satriyo Kusumo, Arief Suryono, Rahma Assyifa Sahda
article en

Abstract

In the business world, the time of 90 (ninety) days, which is contained in the regulation of the Period of Stay in bankruptcy is not a short time. In practice, usually those who hold dependent rights urgently need to accelerate capital turnover. This acceleration of capital turnover will result in profits and losses that will be experienced by the parties concerned. The longer the credit that should be returned but not paid to the separatist creditor who holds the right of dependency, will also have an impact on the loss of the separatist creditor for the profits that he must receive. This research is prescriptive. So that it is understood for academics and legal practitioners that the Lex Specialis Derogat Lex Generali Principle, in overcoming the conflict of legal norms between the Bankruptcy Law and the Law on the Rights of Dependents (UUHT) regarding the Rights of Dependents, has a role to complement (aanvullend) not to deviate (uitzondering)

International Journal of Integrative SciencesVol. 4(3)
Sebelas Maret University (ID)
Openalex Percentile: Top 91%
Corporate Governance and Law
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