Manuscript Title
CONSTRUCTION OF BANKRUPTCY LAW IN THE SETTLEMENT OF DEBTS AND RECEIVABLES CASES BETWEEN DEBTORS AND CREDITORS
Author(s)
Yusep Dwi Prastiya, Budi Santoso, Yunanto
Published: 05-06-2025
About The Author(s):
1. Yusep Dwi Prasetya - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. Budi Santoso - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. Yunanto - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
Abstract
The purpose of this research is to analyze: 1) How is Bankruptcy Law in Indonesia? 2) What are the consequences of the Debtor Filing for Bankruptcy? 3) How are the Creditors' Efforts to avoid Bankruptcy filed by the Debtor?. The research method used is normative juridical with a legislative approach, a conceptual approach, and a case study. The results of the study show that: 1) The legal basis of bankruptcy itself has its guidelines in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (then and so on abbreviated as UUKPKPU). In the UUKPKPU, the definition of bankruptcy is intended in the bankruptcy process, namely a general confiscation of all assets owned by the bankrupt debtor where in the implementation of the execution of this general confiscation is carried out and accountable to the curator with a record of responsibility to the Supervisory Judge. 2) The legal consequence for the debtor after being declared bankrupt is that he can no longer take care of his assets that are bankrupt, then he will take care of the assets. 3) Legal remedies carried out by creditors by filing cassation and review are efforts to prevent the debtor from becoming bankrupt.
Keywords
Construction, Law, Bankruptcy, Settlement, Cases, Debts, Debtors, Creditors