Verdicts on Bankruptcy Cases: Study Case on Judges’ Legal Behaviour

Abstract

The objective of this paper is to reveal, conceive and analyze: 1) appraisal on simple verification to bankruptcy verdicts by judges, 2) the significance of indebtedness by judges and any implications over its verification and 3) new constructions of legal behavior on judges in order to realize fair and just laws in accordance with verification of bankruptcy based on progressive laws.In order to reach the objective, doctrinal and non-doctrinal legal studies are applied. A doctrinal legal study is used to review any developed and conceptualized laws on doctrines. The objective of the doctrinal legal study is to provide secondary data that procured from legislation inventory, verdicts of judges, to review related literature with its certain issues, and to analyze those pieces of information based on deductive methodology. Moreover, a non-doctrinal legal study is used to review any developed laws that based on valid, customized and developed in the public. A non-doctrinal legal study is conducted by procuring primary data from observation method, profound interviews, and analyzing those data with an interactive inductive method. In order to promote the two approaches, the researcher used several theories: theory on behavior legal studies, theory on legal hermeneutics and theory on progressive laws.This study has shown that: 1) simple verification is an absolute requisition that restricts judge's competence in the Commercial Court in order to verify whether a debtor who is filing for bankruptcy evidently proven to pay all his due debts and whether it is collectible or not. Judges on the Commercial Court has a tendency and assessment to make a verdict on bankruptcy as soon as possible and immediately implemented as specified on Article 8 paragraph (4) Bankruptcy Laws of 2204; 2) There is a tendency of correlation between judges' comprehension on indebtedness and its verdicts. There are two debt comprehensions, which are a narrow comprehension, refers to textual interpretation, and extensive comprehension refers to contextual interpretation; 3) Progressive laws are relatively relevant to act as a basis and reference on judges' legal behavior and reconstruction in carrying out the bankrupt statement application. This is based on historic legal culture values under positive legal paradigm which experienced difficulties to present ideal, humanist and responsive laws as well as to protect the public. Hence, legal culture values of judges shall be renewed in order to adjust with needs and development of legal sciences as well as economic growth, which has redefined our way of thinking, interpretation, and ethics.

Keywords: judge verdict, bankruptcy case, legal behavior.

DOI: 10.7176/JLPG/81-10