PERLINDUNGAN HUKUM TERHADAP KREDITOR DALAM UNDANG-UNDANG KEPAILITAN

Abstract

The formulation of the problem in this research is: 1. What are the legal remedies taken by creditors so that their legal interests are protected? 2. What is the form of legal protection for creditors?

In answering these questions, the authors use library research or library research with a statute approach and a case approach. The data sources that the author uses are primary data in the form of commercial court decisions and laws governing bankruptcy issues, secondary data in the form of law books, legal journals and research results related to the matter being studied, tertiary data, namely legal dictionaries, articles and letters news, non-legal materials in the form of economic books relevant to the research topic.

The results of this study after dissecting the decision of the panel of judges at the Commercial Court number 67/Pdt.Sus-PKPU-2019-Pn.Niaga.S by the creditor, in this case Agus Sulistiyo, in submitting the Postponement of Debt Payment Obligations (PKPU) have fulfilled the requirements of the provisions of article 222 paragraph ( 3) UUKPKPU and the debtor in this case PT. PELANGI PUTRA MANDIRI has been given a temporary suspension of debt payment obligations (PKPU) for 43 days, the PKPU extension remains 15 days and 120 days in order to achieve peace, but after a voting meeting on the peace plan was held, the majority of creditors did not agree to make peace, the panel of judges had to decide on PKPU expires and the debtor is declared bankrupt in accordance with the provisions of article 281 paragraph (1) UUKPKPU, then when a search is carried out on the assets of the debtor PT. PELANGI PUTRA MANDIRI was apparently unable to cover its debts to creditors so that the panel of judges declared the debtor bankrupt and was continued by the curator or also known as going concern.

Keywords : Protection, Creditors, Bankruptcy.