破产政治法中债务人法律保护的正义价值相关性

Budisidhabhiprodjo Budisidhabhiprodjo
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摘要

在其发展过程中,商业世界需要提供资本贷款服务。然而,商业世界对资本需求的发展与对债务人的保护是不平衡的。由于2004年第37号法第55条和第56条关于破产和暂停偿债义务的规定,在分离主义债权人对债权人采取的破产中,债务人保护的地位变得薄弱,这是由于在宣布破产对债务人有效时,债务人可以采取的法律补救措施缺乏。因此,本文将探讨破产政治中债务人的法律保护制度、破产政治中债务人法律保护制度的薄弱环节以及通过改革破产政治中债务人法律保护制度寻求解决方案的相关问题。本文的研究目的是分析破产法政治中对债务人的法律保护制度;分析破产法政治中债务人法律保护制度的缺陷;通过对破产法政治中债务人法律保护制度的改革寻求解决之道。本文采用的研究方法是规范法学方法。就所做的研究而言,可以得出的结论是,2004年第37号法关于破产和延迟偿债义务的第55条和第56条的存在导致债权人对债务人实施破产时对债务人的不公正;因此,有必要通过建立以潘卡西拉为基础的对债务人实施破产的债务人保护制度,改革债权人对债务人实施破产保护制度。关键词:债务人;正义价值;法律保护;法律政治;破产。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Relevance Of Justice Value In Legal Protection Of Debtor In The Political Law Of Bankruptcy
In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method  used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy.
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