KEDUDUKAN KREDITOR ATAS HAK TAGIH DALAM HAL DEBITOR PERSEROAN TERBATAS DIBUBARKAN AKIBAT KEPAILITAN

Sinaulan, Miraldo Jeftason (2023) KEDUDUKAN KREDITOR ATAS HAK TAGIH DALAM HAL DEBITOR PERSEROAN TERBATAS DIBUBARKAN AKIBAT KEPAILITAN. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The subject of law is classified into two types of legal subjects, namely Naturlijke Persoon (Man) and Recht Persoon (Legal Entity). The bankruptcy law must essentially protect all interested parties in the process, protection must be provided to all parties be it creditors or debtors. The creditor in the bankruptcy law has the right to obtain repayment of receivables to the debtor, and the debtor has the obligation to repay the debt to the creditor. Bankruptcy law then provides facilities in the form of bill rights to creditors in Article 204, Act Number 37 2004 of The Bankruptcy Law, and Suspension of Debt Payments. beside that Article 142 paragraph 1 of the Limited Liability Company Law, regarding the dissolution of a company that is insolvent due to bankruptcy, has the potential to reduce the billing right granted by bankruptcy law to creditors who have not received repayment after the bankruptcy is completed. This research is a normative legal research using literature study of primary and secondary legal data. This research shows that the bill rights according to law that given to the creditor to recover the remaining outstanding debt by the debtor after the bankruptcy proceedings are completed, retains the executory power against the individual debtor (naturlijk persoon) and to the incorporated debtor (recht persoon) as long as the incorporated debtor does not dissolve

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