Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia

Research Article

'Simple Evidentiary' That Is Not Simple

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  • @INPROCEEDINGS{10.4108/eai.13-2-2019.2286167,
        author={M  Fauzi},
        title={'Simple Evidentiary' That Is Not Simple},
        proceedings={Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia},
        publisher={EAI},
        proceedings_a={ICBLP},
        year={2019},
        month={10},
        keywords={bankruptcy simple evidentiary bankruptcy proceeding in indonesia},
        doi={10.4108/eai.13-2-2019.2286167}
    }
    
  • M Fauzi
    Year: 2019
    'Simple Evidentiary' That Is Not Simple
    ICBLP
    EAI
    DOI: 10.4108/eai.13-2-2019.2286167
M Fauzi1,*
  • 1: Faculty of Law, Universitas Mulawarman, Samarinda
*Contact email: fauzi.sh@gmail.com

Abstract

The Simple evidentiary is mentioned in the three bankruptcy legal regimes that have been applied in Indonesia but there is no definition and no explanation of how to implement the simple evidentiary principle. This caused a controversy in both the practice and academic fields and raises diverse meanings of simple evidentiary system, including simple verification only with the judge's conjecture, simple without insolvency test, simple as a case of a request and not a contentious dispute case, and simple in the sense of an easy proof process based on strong evidence. A simple evidentiary system has put aside the condition of insolvent debtors as the main problem to be resolved. It will only reduce the possibility to resolve the insolvent debtor obligations through bankruptcy institutions. Bankruptcy institutions will only be a debt collection tool.