AKIBAT HUKUM TERHADAP PUTUSAN PAILIT DALAM PENYELESAIAN HUTANG DEBITUR DITINJAU DARI UNDANG UNDANG KEPAILITAN

Abstract

The financial crisis that hit Indonesia in mid-1997 had a negative impact on the national economy, causing great difficulties in settling debts and receivables for companies to continue their activities, and had a negative impact on society. At that time, many problems arose. Many companies struggled to pay their debts to their creditors and, moreover, many companies went bankrupt. In legal practice, often a debtor (debtor) neglects to fulfill his obligations or achievements, not because of forceful circumstances (overmacht). Such a situation is called broken promise (default). And some entrepreneurs in Indonesia, through their companies, do not carry out a thorough calculation of debt through borrowing and borrowing with companies from outside the country. The decline in the rupiah exchange rate has resulted in at least 3 (three) negative impacts on the national economy, namely: Negative Payments, Negative Spread, and Negative Equity. The above circumstances have put many companies at risk of bankruptcy due to the state of the national economy and the inability to pay the company's debts, which are usually denominated in dollars. One of the purposes of this research is to prevent debtors from taking actions that are detrimental to creditors, with the empirical normative juridical writing method so that they can build a strong legal mechanism in resolving this problem, a legal framework is needed in managing debt problems quickly, effectively, efficiently and fairly, however, this law also created many problems in its implementation. Therefore, a solution is needed to overcome bankruptcy by building a strong legal mechanism so that the final settlement of bankruptcy can become the law itself, namely justice for the parties. The author hopes that this paper will achieve outcomes by publishing in an accredited journal at Andalas Nagari Law Review University and can be set forth in the form of a book with an ISSN.