%0 Thesis
%9 Skripsi
%A Vivi Veftiana Sari, NIM.: 21103040179
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2024
%F digilib:69303
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Pembuktian Sederhana, Kepailitan, PKPU, Pengembang (Developer)
%P 168
%T PEMBUKTIAN SEDERHANA DALAM KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG BAGI PENGEMBANG APARTEMEN DAN/ATAU RUMAH SUSUN
%U https://digilib.uin-suka.ac.id/id/eprint/69303/
%X Bankruptcy and Postponement of Debt Payment Obligations (PKPU) are  solutions for buyers of apartment units or flats and also financial institutions as  legal remedies if the developer breaks the promise in carrying out the agreed  achievements. The evidence used in bankruptcy and PKPU is with a simple proof  mechanism. However, after the issuance of SEMA Number 3 of 2023 the  developer was declared not to fulfill simple proof. The norms in the policy  regulation contradict the norms in the Bankruptcy and PKPU Law, so the author  is interested in examining simple proof of bankruptcy and PKPU applications  against apartment and flat developers. In this research, the author uses balance  theory and legal certainty theory.  This research uses normative legal research methods. The data collection  technique in this research uses literature study and is supported by interviews  with various parties involved in this research. Furthermore, the data analysis  used in this research is qualitative analysis which is presented descriptively  analytically.  The results of this study indicate that, after the issuance of SEMA Number  3 of 2023, bankruptcy and PKPU applications against apartment and/or flat  developers do not meet simple proof because the debt is still in dispute, so it  cannot be resolved in the Commercial Court. SEMA Number 3 of 2023 is not  based on the principle of balance in bankruptcy and does not provide legal  certainty, because the policy regulation singles out apartment and/or flat  developers who do not meet simple proof without accommodating provisions  related to the classification of debtors who do not meet simple proof. Legal  certainty in canceling bankruptcy and PKPU applications against apartment  and/or flat developers after the issuance of SEMA Number 3 of 2023 is through a  civil lawsuit to the District Court.
%Z Dr. Sri Wahyuni, S.Ag., M.Ag., M.Hum