Tinjauan Yuridis Penolakan Permohonan Pernyataan Pailit Pemohon Pailit oleh Pengadilan Niaga Medan (Studi Kasus Pengadilan Niaga Medan Putusan No. 8/Pailit/2013/PN. Niaga/Mdn)

Abstract

In the development that occurred in Indonesia occurs contractual relationship between the company and the other one with a company where most care contract works projects, both coming from the government, private, domestic and foreign. While implementation is handled only a small part of government, the rest is expected the participation of private sector both as investors and as contractors. Bankruptcy Act No. 37 of 2004 on Bankruptcy and Suspension of Payment is a rule issued as more and more problems of debts arising in society. Bankruptcy settlement is established via a special judicial body which is the Commercial Court. At the trial judge found that about debt PT. UBBS argued by PT. TUM above, has been refuted by PT. UBBS, that one of the requirements for the granting of the application for a declaration of bankruptcy is proof of the facts and circumstances in the case of bankruptcy should be done with a simple and according to the judges of proof of debt in this case simply can not be proven. The legal consequences of refusal of requests for declaration of bankruptcy by the Commercial Court, the judges determined that a bankruptcy petition filed by PT. TUM for mempailitkan PT. UBBS due to a number of unpaid debts and overdue rejected by judges and the application is void. The refusal by the judge because of incomplete elements that can mempailitkan PT. UBBS due to PT. TUM was unable showed evidence that PT. UBBS have more than two creditors and simple proof of debt of PT. UBBS can not be proven by PT. TUM. Thus the bankruptcy petition filed by PT. TUM against PT. UBBS be rejected.