Tinjauan Yuridis Pailitnya Debitor Perorangan Dalam Undang - Undang Kepailitan

Abstract

Bankruptcy is a process by which the debtor who has two or more creditors and does not pay at least one debt that has fallen and can be collected, it’s declared bankrupt by a commercial court judgment on its own application or on the request of a person or more of its creditor as for the problems posed in this research is How the factors causing bankruptcy of individual debtors, How are the legal consequences for individual debtors declared bankruptcy, How the settlement of property against bankruptcy, and How judges judge in granting the request for bankruptcy statement of individual debtors. The results of research and discussion explain that the cause of bankruptcy of individual debtors is the presence of debt and also because of the existence of two or more creditors, and the legal conseqences for debtors declared bankruptcy is the result of bankruptcy of property, due to bankruptcy of the authority of the management of property, due to bankruptcy against the bond made by the debtor, due to bankruptcy against the act against the law. In ordering the property against the debtor who went bankrupt, the person responsible for carrying out the order was a curator sent by the commercial court but remained in the supervision of the supervisory judge. As for the basic consideration in the decision 43/PAILIT/2005/PN.Niaga.Jkt.Pst. The judge in this case decides to accept the request for the debtors bankruptcy statement fot himself of the individual debtor by paying any fees incurred in the bankruptcy petition. Research methods in the writing of this paper using the method of normative and empiricial research. The authors sought and collected data by conducting literature studies on reading sources and the from books of scholars of law and academia that are scientific in nature related to the problem discussed in the writing of this thesis. And to interview the curator to clarify the contents of this thesis