The Nature of Renvoi Procedure in Insolvency Law in Indonesia

Abstract

One of the priciples of Insolvency Law is credit settlement to renormalize fairly,quickly and effectively in business world because it is regulated in law. However renvoi procedure is juridically not regulated in Law Number 37 Year 2004 about Insolvency and Credit Payment Obligation Adjournment. For this fact, to find out the nature of renvoi procedure in Insolvency Law in Indonesia based on the conceptual system constitutes a legal effort for curator, or creditor to settle the credit dispute in court  on the supervisory judge’s order. The juridical meaning of renvoi procedure in Insolvency Law in Indonesia is not objection, so it needs improvement in  Article 127 section (1) of Law Number 37 Year 2004 about  Insolvency and Credit Payment Obligation Adjournment, which firmly has to remove the word “objection” to be “renvoi procedure”. In addition, Renvoi procedure in Indonesia reflects the principle of formal justice and substantive justice, but it does not reflect the legal certainty. It is therefore necessary to change the word objection into renvoi procedure that it is useful for the justice seekers.

Keywords: essence, renvoi procedure, law of insolvency