ANALISIS PUTUSAN NOMOR 12/PDT.SUS�PAILIT/2017/PN.NIAGA.SMG TENTANG PERMOHONAN PAILIT TERHADAP KOPERASI SIMPAN PINJAM DAN PEMBIAYAAN SYARIAH (KSPPS) BMT FII SABILILLAH

Koperasi Simpan Pinjam dan Pembiayaan BMT Fii Sabilillah domiciled in
Ngerjopuro, Wonogiri Regency, Semarang was filed for bankruptcy by one of its
members because it was unable to pay its debt with a total value of Rp.
20,488,731,314. Based on the legal basis and considerations carried out by the
judge, Koperasi Simpan Pinjam dan Pembiayaan BMT Fii Sabilillah was deemed
no longer able to pay its debts so that the bankruptcy decision was imposed
through Putusan No. 12/Pdt.Sus-Pailit/2017/PN.Niaga.SMG. This study aims to
determine and analyze the suitability of the judge's decision in Putusan No.
12/Pdt.Sus-Pailit/2017/PN.Niaga.SMG when viewed from Undang-undang No. 37
Tahun 2004 about Bankruptcy and Suspension of Debt Payment Obligations and
to know and analyze the suitability of the judge's decision in Putusan No. 12/Pdt.
Sus-Pailit/2017/PN.Niaga.SMG when viewed from Islamic Law. The research
method uses a normative research type with a statutory approach, a conceptual
approach and a case approach. Legal materials consist of primary legal
materials, secondary legal materials and tertiary legal materials. The procedure
for collecting legal materials is carried out by online (internet) and offline (books)
searches. Processing of legal materials is carried out in a systematized method.
The results of the study show that: 1) The judge's considerations in Putusan No.
12/Pdt.Sus-Pailit/2017/PN.Niaga.SMG has complied with Undang-undang No. 37
Tahun 2004 about Bankruptcy and Postponement of Debt Payment Obligations
because the panel of judges based their considerations based on Article 2
paragraph (1) and Article 8 paragraph (4) Undang-undang No. 37 Tahun 2004
about Bankruptcy which basically regulates the requirements for a declaration of
bankruptcy so that the panel of judges is of the opinion that KSPPS BMT Fii
Sabilillah has met the requirements to be declared bankrupt with all the legal
consequences; and 2) Judge's consideration in Putusan No. 12/Pdt.Sus�Pailit/2017/PN.Niaga.SMG is not in accordance with Islamic Law because the
panel of judges did not consider syar‟i principles in the mudharabah contract as
stipulated in Article 243 and Article 252 of the Compilation of Syar‟i Economic
Law and also did not consider the requirements for insolvency as required in
Islamic law regulated in QS Al-Baqarah verse 280