Legal Values Contained in Society as Exit Emergencies in the Deciding Ratio Process that Produces Judge Made Law in Bankruptcy Law

Bankruptcy law in Indonesia has special characteristics compared to other fields of law. Article 2 Paragraph (1) is the basis for bankruptcy decision, and decision an immediate (uitvoorraad bij voorraad). So that when a occurs, curator supervised by supervisory judge immediately executes estate management and/or settlement estate. The simple requirements apply debtors who are solvent or not. If debtor no longer solvent, can be applied as solution creditor. However, if debtor, namely assets company/individual, much larger than debt, problems will arise. Due fact that, not required solvency test before application, therefore it very detrimental creditors, because simple, appears scary debtors.Debtors' fear application should occur they interpret 8 (6) letter which states “The court referred (5) must also contain; a. certain articles relevant laws regulations unwritten sources used adjudicating…”. With enactment opens opportunity avoid bankruptcy. emergency exit made process. Therefore, researcher analyzes values justice society process law, still solvent. raised this study are: how do judges their legal considerations (ratio decidendi) make debtor.This research belongs normative research. applies some theories, theory objectives originate from three general teachings Gustav Radbruch system Kees Schuit. approaches conceptual approach, historical statutory comparative approach case approach. This expected have prescriptive value world future, especially DOI: 10.7176/JLPG/81-01 Publication date: November 30 th 2022