SUATU TINJAUAN TERHADAP PENERAPAN DISSENTING OPINION DALAM PENYELESAIAN PERKARA KEPAILITAN
ABSTRACT: Inspection system at
the level of the Court, including the Commercial Court to condition the three
judges who examine a bankruptcy case. Changes in the condition of Indonesian
justice especially by issuing Law No.. 35 of 1999 on the Amendment of the Act
No.. 14 Year 1970 on Basic Provisions of the Judicial Authority contributes
dissent judges who examine cases including the case of a bankruptcy in the case
verdict. Differences of opinion in deciding a case is called by the term
"dissenting opinion". In this study the proposed formulation of the
problem arises why the dissenting opinion in the case of bankruptcy and whether
the conditions required in a bankruptcy court ruling that there is a dissenting
opinion. Having done the research and data collection, it is known that the
onset of a dissenting opinion in the case of bankruptcy in general is due to
the independence of judges in deciding cases is limited by statutory
provisions. While in particular the emergence of dissenting opinion in the case
of bankruptcy is due to different backgrounds of judges who examined the
bankruptcy case that is the career of judges and judges
ad-hoc.Syarat-requisites required in a bankruptcy court ruling that there was a
dissenting opinion dissenting opinion ruling the made in the form of an
attachment that contains a statement of the judge expressly Member / chairman
who made the dissenting opinion, that the decision is legally binding. The
attachment is an integral part of the decision text. Justices dissenting opinion
must still make the decision to sign and remain bound to the sound of the
ruling dictum.
In this study also suggested Chief executive decision makers especially
in the law-making about arrangements regarding the emergence of dissenting
opinions, especially in the case of bankruptcy should be a perfect set of
conditions that must be met by the trial judge if there is a dissenting
opinion.
Penulis: ABDUL RIFAI
Kode Jurnal: jphukumdd130631
