SURYONO, AHMAD (2022) (Similarity) Rekonstruksi Kewenangan Permohonan Kepailitan oleh Otoritas Jasa Keuangan Republik Indonesia terhadap Perusahaan Asuransi. Universitas Muhammadiyah Jember.
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Abstract
The authority for Bankruptcy Applications generally rests with creditors who have receivables that are due and can be collected, but this is different if the bankruptcy case is within the scope of the insurance business. After the establishment of the Financial Services Authority of the Republic of Indonesia (OJK RI), the authority to request bankruptcy for insurance companies was specifically regulated and only attached to the OJK. However, this situation will be problematic if there is a bankruptcy request from the creditor to the OJK and then the OJK does not take a position on the request, either rejecting or accepting it. On the other hand, based on the provisions of Law number 30 of 2014 concerning Government Administration, a new positive fictitious norm is known, which means that silence is an act of consent. Based on this, creditors who request bankruptcy for insurance companies take the route of filing a lawsuit through the State Administrative Court (PTUN) in the hope that the PTUN can qualify OJK's actions as positive fictitious actions while also qualifying OJK as a State Administrative Official. The aim of this research is to determine the absolute competence for OJK's silence in the case of an insurance company's bankruptcy petition, so that legal certainty regarding this situation can be obtained. regarding requests for bankruptcy of insurance companies as well as creating legal certainty within the scope of insurance business.
| Item Type: | Peer Review |
|---|---|
| Uncontrolled Keywords: | Pailit, Insurance, PTUN |
| Subjects: | 300 Social Science > 340 Law > 342 Constitutional and Administrative Law |
| Divisions: | Faculty of Law > Department of Law Science (S1) |
| Depositing User: | Ahmad Suryono, SH., MH. |
| Contact Email Address: | ahmadsuryono@unmuhjember.ac.id |
| Date Deposited: | 22 Dec 2023 02:17 |
| Last Modified: | 22 Dec 2023 02:17 |
| URI: | http://repository.unmuhjember.ac.id/id/eprint/20662 |
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