Open AccessLegal Protection for Debitors Through Bankruptcy Concept
Author(s) -
Zeto Bachri,
Suhariningsih Suhariningsih,
Sukarmi Sukarmi,
Iwаn Permаdi
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i8.2953
Subject(s) - debtor , creditor , bankruptcy , insolvency , argument (complex analysis) , interpretation (philosophy) , debt , statute , payment , law , law and economics , normative , legal research , position (finance) , economics , business , sociology , political science , actuarial science , computer science , finance , biochemistry , chemistry , programming language
The purpose of this study is to explain the legal protection for debitors through bankruptcy concept based on Law no. 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU). This research is a normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conseptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that in UUK-PKPU only debtors who are insolvent can be declared bankrupt or apply for a PKPU. Bankruptcy applications can be submitted by the debtor himself or by the creditor. According to the legal principle, the applicant who submits the argument must prove the argument, then the applicant who proves the insolvency is the applicant. Essentially, bankruptcy in its application must be carried out fairly in the sense of paying attention to the interests of debtors and creditors in a balanced way. The idea of balance encourages an acknowledgment of the equality of the position of the individual with the community in common life.