DYNAMICS AND REGULATIONS OF SIMPLE EVIDENCE IN BANKRUPTCY DECISIONS
Simple proof, also known as circumstantial proof, although it is called that, but understanding this phrase is not easy. UUK-PKPU does not provide further explanation regarding what is meant by simple proof. Simple evidence regulations are regulated in article 8 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and PKPU. The simple evidentiary arrangements in bankruptcy petitions currently face various problems in their implementation. Simple evidentiary arrangements which are based on article 8 paragraph (4) which refers to article 2 paragraph (1) of Law Number 37 of 2004. Simple evidentiary arrangements which are only based on article 8 paragraph (4) of Law Number 37 of 2004 often give rise to Differences in judges' decisions and other problems often cause complaints about bankruptcy applications because the applicant is unable to provide simple evidence. Article 8 paragraph (4) of Law Number 37 of 2004 cannot be accepted as approval of applications that cannot be proven simply, this can be seen from the phrase article 8 paragraph (4) which does not mention rejection of applications that cannot be proven simply, but rather must grant requests that can be proven simply. Apart from being regulated in Law Number 37 of 2004, simple evidence is also regulated in several regulations issued by the Supreme Court, including the Decree of the Chairman of the Supreme Court (SKMA) Number 109/KMA/SK/IV/2020 concerning the Implementation of the Guidelines for Settlement of Bankruptcy Cases and Postponement of Debt Payment Obligations andSupreme Court Regulation no. 4 of 2019 concerning Procedures for Settlement of Simple Claims.
Simple Proof, Bankruptcy and PKPU, Regulations.