REFLECTING THE HIGHEST VALUES OF ISLAM IN THE PROTECTION OF DEBTORS IN THE EXECUTION OF SEPARATIST CREDITORS (A DIMENSIONAL NARRATIVE ABOUT THE LEGALITY OF FINANCIAL SERVICE PRODUCTS IN INDONESIA)

Teguh Darmawan

Abstract


Implementation execution by creditor separatist without through aanmaning in court as set in Article 55 and
Article 56 of the Law Number 37 of 2004 has been leave behind from Pancasila justice . The method used
_ is non- doctrinal method . Based on the data obtained seen that implementation execution bankruptcy as
arranged _ in Article 55 and Article 56 of the Law Number 37 of 2004 more prioritize interest from creditor
separatist , hal this the more complicated with existence culture the law that shows that execution bankruptcy
with thing guarantee right dependents without must through aanmaning in court , should be mean from insolvency debtor is examination in court or through aanmaning related ability debtor for pay off the debt , isn’t it ?
solely based on analysis and views creditor separatist only . This thing clear by implied based on Article 28D
of the 1945 Constitution of the Republic of Indonesia and automatic contrary with Mark Justice social Pancasila. It means that in policy law execution bankruptcy must capable create balance protection right Among
creditor nor debtor , according with view from appreciation on value humanity or human rights awards in the
form of similarity in front of law so that capable realize execution just bankruptcy _ able question _ protect
interest creditor separatist at a time protect debtor from loss consequence mailing . situation this clear far
from teachings about Mark halal will something service finance


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