Analisis Penyelesaian Kewajiban Debitur Terhadap Kreditur Dalam Perkara Kepailitan Individu

Abstract

The business world is inseparable from the existence of debts. This is one way to overcome the ebb and flow of capital for business actors. Business actors consist of individuals and business entities, both legal entities and non-legal entities. In order to implement borrowing and lending between debtors (business actors) and creditors (banks), an agreement is made containing a guarantee so that the debtor does not default. However, even so, there are times when debtors experience financial difficulties that cause the debtor to stop paying, especially individual debtors. To handle this situation, several methods can be used, one of which is through a bankruptcy institution. Bankruptcy is legal protection for debtors and creditors in cases of debts that are not running well. The problems studied in this study are about the process of bankruptcy, legal consequences and how to settle debtor obligations to creditors through individual bankruptcy. This study uses a normative legal approach method. Data collection through literature studies, while data analysis is carried out using qualitative descriptive methods. The results of the study show that to settle the debtor's obligations to creditors through individual bankruptcy begins with the filing of bankruptcy to the Commercial Court by the debtor or creditor, then the Court will determine whether the bankruptcy process is appropriate, after which the application for a bankruptcy statement is granted, the management and settlement of the bankrupt estate is carried out by the Curator. Settlement of debtors' debts to creditors through bankruptcy can be carried out in two ways, namely through peace (akkoord) or through settlement of bankrupt estates.