Sari, Putri Pertama (2023) Perlindungan Hukum Terhadap Pelaku Usaha Dalam Pengembalian Uang Jaminan Tiket Akibat Kepailitan Perusahaan Maskapai Penerbangan (studi Kasus Kepailitan Mandala Airlines). Masters thesis, Universitas Islam Riau.

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Abstract

In bankruptcy cases, many decisions do not satisfy the parties, namely concurrent creditors. In this case, the decision prioritizes decisions on preferred creditors, while concurrent creditors receive less attention to their rights. This is what happened in Decision Number: 48/Pdt.Sus.Pailit/2014/PN.Niaga.Jkt.Pst. Airline company bankruptcy case against other concurrent creditors such as travel agent business actors. The formulation of the problem in this thesis research is, what is the form of legal protection for business actors in returning ticket security deposits due to airline company bankruptcy (mandala airlines bankruptcy case study), what settlement efforts can be made by business actors in returning ticket security deposits due to company bankruptcy airlines (mandala airlines bankruptcy case study). This type of research is observational legal research. The nature of the research is descriptive research, while data analysis uses a qualitative approach. The fact is that the results of the research conducted by the author show the fact that in Decision Number: 48/Pdt.Sus.Pailit/2014/PN.Niaga.Jkt.Pst there is no legal protection and the rights of the travel agent business actor. The airline company should have opened an escrow account to keep the security deposit deposited which is regulated in the Minister of Transportation Regulation Number KM 25 of 2008. Because in the study, the agency agreement ended as a bankruptcy decision was issued. The results of the research regarding settlement efforts made by both parties have carried out deliberations for consensus in accordance with the contents of the agreement, namely discussing the settlement of asset deposit rights from concurrent creditor parties, namely as travel agent business actors.

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