Dasar Hukum Permohonan Pailit di Indonesia (Studi Putusan Nomor 99/Pailit/2011/PN.Niaga Mdn)

Abstract

The bankruptcy law was originally intended to protect creditors by providing clear and certain ways to settle unpaid debts. Circumstances to stop paying debts can occur because they are unable to pay and do not want to pay. Both causes certainly cause harm to the creditor concerned. The next steps, especially in relation to financial matters, can be taken through litigation, namely by submitting bankruptcy or delaying debt payments through the Commercial Court. It is expected that the confiscation of the company can be carried out by the public bankruptcy which then the assets of the company can be used to pay debts from creditors. In this research, the writer will take the title "THE BASIS OF LAW APPLICATION FOR Bankruptcy IN INDONESIA" (Decision Study No. 09 / Bankrupt / 2011 / Pn. Niaga / Medan. The problem in this research is how are the requirements for bankruptcy application to be accepted by commercial court, and what are the consequences of the law on bankruptcy decisions granted by the commercial court based on the decision number 09 / Bankrupt / 2011 / Mr. Niaga / Medan? The purpose of this study is to determine the requirements for a bankruptcy application so that it can be granted by the Commercial Court and to determine the legal consequences of the bankruptcy decision granted in the decision number 09 / Bankrupt / 2001 / PN NIAGA / MEDAN The research method used is the literature study and interview of the Commercial Judge in the Medan District Court Based on the results of the study the authors concluded that bankruptcy of a debtor can be filed if it meets the following requirements : Debtor must have at least more than one creditor (Concursus Creditorium), Debit or not paying off at least one debt to one of its creditors, the debt that has not been paid must be past due and can be collected (due and payable) can be proven simply. The legal consequences of the application for bankruptcy based on the decision are in case of decision No. 09 / PAILIT / 2011 / PN. NIAGA / MEDAN which is the object of the study of the author where after conducting research that the application for bankruptcy was granted by the Medan Commercial Court, the Commercial Court, the debtor by law loses his right to do something about the control and management of assets included in the bankruptcy from the date of the bankruptcy.