Analisis Yuridis Putusan Pailit Koperasi (Studi Kasus Putusan Nomor 25/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst)

Anggraini, Shifa Adji Nur (2026) Analisis Yuridis Putusan Pailit Koperasi (Studi Kasus Putusan Nomor 25/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Bankruptcy petitions for cooperatives have special characteristics because they relate to the interests of members as both owners and users of cooperative services. This study aims to analyze the judge's considerations in Decision Number 25/Pdt.Sus-Pailit/2024/PN Niaga Central Jakarta and examine the legal consequences related to the applicant's authority in filing a bankruptcy petition that does not comply with Supreme Court Circular Letter Number 1 of 2022. The research method used is normative juridical with a statutory approach and a case approach. The results show that the panel of judges prioritized the provisions of Law Number 37 of 2004 concerning Bankruptcy and PKPU, which grants debtors the right to file a bankruptcy petition, compared to the provisions of SEMA Number 1 of 2022, which limits such authority to the Minister. This raises legal issues regarding the authority of cooperative management in filing a bankruptcy petition. The decision granting the petition still has legal consequences in the form of loss of management authority, transfer of control of assets to the curator, and change of members' status to creditors. This condition has the potential to create legal uncertainty and weaken protection for cooperatives and their members.

Item Type:

Thesis (Undergraduate)

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