Renvoi Procedure for Justiabelens' Justice in the Bankruptcy Law

Abstract

Renvoi Procedure is a request for credits verification by creditors due to the curator's objection on the creditor’s claims by the curator, in which the procedure is submitted to the commercial court. This procedure should be easy and fast. It is useful and has legal certainty as a form of justice for all justiabelens. The analysis of this procedure has fulfilled the principle of justice; therefore the researcher applies two theories, namely the theory of legal objectives which the researcher draws from the three general teachings of Gustav Radbruch, and the theory of legal system of Kees Schuit which teaches the ideal element, the operational element, and the actual element. There are several approaches used namely, historical approach, comparative approach, conceptual approach, statutory approach, and case approach. This research is expected to produce prescriptive conclusions and recommendations to gain justice for justice seekers (justiabelen), and is expected to be input for government’s policie.

Keywords: bankruptcy law, justiabalens, renvoi procedure,

DOI: 10.7176/JLPG/122-01

Publication date:July 31^st 2022