Legal Certainty in Simple Evidence Related to Inside Electronic Proof Tools the Legal Procedure Of The Bankruptcy

Simple proof in a bankruptcy application is proof of the fact that there are two or more creditors and there are debts that are due and can be collected that are not paid in full by the debtor. A problem that often occurs and is the topic of this research is the problem of two decisions from the Commercial Court Judges, some of which reject and accept BI checking as the existence of other creditors in a bankruptcy case. The results of the study found that the implementation of simple evidence (Sumir) related to electronic evidence in the current Bankruptcy Procedure Law is not in accordance with the principles in the Principal Commercial Court contained in the general explanation of the sixth paragraph of Law Number 37 of 2004 concerning the Bankruptcy Law and PKPU, namely the principle, " fair, fast, open, and effective, regarding the existence of other creditors through the BI Checking proof process must become jurisprudence, because BI Checking is a product / output produced by the Debtor Information System (SID) and is legal and official banking information and is managed by the Bank Indonesia electronically, in order to realize legal certainty, in simple proof (sumir) related to BI Checking as the existence of another creditor requires a temporary legal certainty in Article 8 paragraph (4) of the Bankruptcy Law and PKPU, does not explicitly regulate simple evidence related to electronic evidence , thus giving rise to contrasting judges' decisions addictive.