PERTANGGUNGJAWABAN DEBITOR PAILIT PERORANGAN DALAM KEPAILITAN

Abstract

Bankruptcy can occur if a person or legal entity has a cooperation agreement with another person, but in the end must experience bankruptcy because one of the parties to the agreement cannot carry out its obligations and has also met the bankruptcy requirements in Article 2 paragraph (1) of the PKPU Law. The formulation of the problem in this study is how to regulate the legal regulation of applications for declaration of bankruptcy against individual debtors who are unable to pay their debts in Indonesia and how to apply bankruptcy law to individual debtors based on Court Decision No. 55/Pdt.Sus-Bankruptcy/2017/PN.Niaga.Jkt.Pst. The research method used in this research is normative juridical and is linked to a secondary data approach consisting of primary legal materials, namely the Civil Code, the Criminal Code, Law No. 37 of 2004 and Decision No. 55/Pdt.Sus-Pailit/2017/PN. Niaga.Jkt.Pst, secondary legal materials, namely textbooks, journals, research results, and tertiary legal materials, namely Legal Dictionary, KBBI, and the internet related to discussions in research. The first conclusion is that there are no special arrangements related to the application for bankruptcy declaration against individual debtors, thus causing uncertainty in the regulations related to bankruptcy declarations against individual debtors and losses to individual debtors. The second conclusion is the application of the law applied by the Panel of Judges to individual bankruptcy debtors in Court Decision No.55/Pdt.Sus-Pailit/2017/PN. Niaga.Jkt.Pst is appropriate because the debtor's actions against its creditors have met the bankruptcy requirements (Article 2 paragraph (1) of Law No. 37 of 2004).