Legal Theory Approach to Expediency in Filing Bankruptcy Requests and Postponement of Debt Payment Obligations in Indonesia
- DOI
- 10.2991/978-2-38476-218-7_76How to use a DOI?
- Keywords
- Bankruptcy; insurance companies; benefits
- Abstract
This article aims to explore the position of an insurance company that is subject to specific conditions when applying for bankruptcy and requesting a postponement of debt payment obligations. Consequently, their business activities are closely tied to public interest. The focus of the issue lies in understanding the authority of the Financial Services Authority in overseeing bankruptcy filings and debt payment obligation postponements for insurance companies. To address this concern, Jeremy Bentham's theoretical framework is employed, leveraging his utilitarian perspective, which posits that the objective of the law is to achieve the greatest happiness for the greatest number of people. The research methodology adopts a normative legal approach, employing descriptive analytical techniques. Data sources encompass primary legal materials and secondary sources. The data collection process involves library research, with qualitative analysis being applied. This study concludes that the harmonization of diverse regulations pertaining to bankruptcy filings and the suspension of debt payment obligations for insurance companies is of utmost importance. Such harmonization aligns with a benefit-oriented approach aimed at safeguarding public interests.
- Copyright
- © 2024 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Dedy Dedy AU - Hasim Purba AU - Mahmul Siregar AU - Detania Sukarja AU - Haswandi Haswandi PY - 2024 DA - 2024/02/22 TI - Legal Theory Approach to Expediency in Filing Bankruptcy Requests and Postponement of Debt Payment Obligations in Indonesia BT - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023) PB - Atlantis Press SP - 456 EP - 461 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-218-7_76 DO - 10.2991/978-2-38476-218-7_76 ID - Dedy2024 ER -