UPAYA HUKUM NASABAH ATAS DITOLAKNYA GUGATAN PAILIT TERHADAP PT. ASURANSI JIWA BUANA PUTRA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 229 K/PDT.SUS-PAILIT/2013

Abstract

This research paper intends to offer a solution to a particular problem, that is what kind of legal action should be taken by the customer of PT. Asuransi Jiwa Buana Putra after her petition to file a bankruptcy towards said company was denied by the Indonesian Supreme Court. This research paper is written using judicial-normative-doctrinal-based legal research. This research paper confirms the fact that the customer did not have any legal standing to file such a petition. The law clearly grants exclusive rights to OJK to file a bankruptcy for insurance company. This results in the limitation of the option available for the customer, especially when OJK chose not to exercise such rights. Thus the motion to file the bankruptcy may not be the best legal action for the customer to fight for her rights. The research paper suggests that the customer should take default motion to do so