Tinjauan Hukum Terhadap Pernyataan Pailit oleh Pengadilan karena Tidak Dipenuhinya Kewajiban Debitur Terhadap Kreditur (Studi Putusan No.07/Pdt.Sus-Pailit/2015/PN. Niaga Mdn)

Abstract

Bankruptcy is always a long consequences for both the debtor, creditors and other stakeholders of the company, mainly employees of the company because after the occurrence of Termination will bring bad implications to the company's employees and their families. More broadly, bankruptcy will bring unfavorable influence on the economy of the country. Meanwhile, at this time, many companies are constantly facing the threat of bankruptcy petition in the Commercial Court, because of the difficulty to pay the company's debt to various creditors. It is certainly interesting to be studied separately. Problems in this study whether the factors that caused the bankruptcy in Decision No. 07 / Pdt.Sus-Bankrupt / 2015 / PN.Niaga Mdn and whether the legal consequences of the declaration of bankruptcy by the court on Decision No. 07 / Pdt.Sus-Bankrupt / 2015 / PN.Niaga Mdn. Methods The study was a Research Library (Library Research). This method to conduct research on a variety of reading materials written by scholars that books theory of law, magazines law, legal journals and materials studies and regulations on the crime and Field Research (Field Research) is to do spaciousness in this case the direct authors conducted a study on the Medan District Court to take a decision relating to the title of the thesis is a case of bangkrupt, namely decision No. 07 / Pdt.Pailit / 2015 / PN.Mdn. Factors occurrence of bankruptcy usually is due to him or his business activities no longer able to carry out all its obligations, especially in paying its debts to its creditors. In Decision No. 07 / Pdt.Pailit / 2015 / PN.Mdn Bankrupt reason Respondent can no longer afford to pay is because the economy is very favorable, resulting in late payments and their debt and debt cancellation. As a result of the bankruptcy law that could lead to the entire assets of the debtor as well as everything that is obtained during the bankruptcy are in general confiscated since the bankruptcy decision is pronounced, both objects are moving or not moving. In Decision No. 07 / Pdt.Pailit / 2015 / PN.Mdn All property overseen by curator and the Medan District Court as Judge of Trustees to oversee the management and settlement bankruptcy assets.