(Similarity) Rekonstruksi Kewenangan Permohonan Kepailitan oleh Otoritas Jasa Keuangan Republik Indonesia terhadap Perusahaan Asuransi

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.

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Item Type:	Peer Review
Keywords/Kata Kunci:	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. | 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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