Tinjauan Yuridis Pengaruh Alat Bukti Utang Yang Telah Jatuh Tempo Dalam Perkara Kepailitan (Studi Kasus Putusan Nomor : 04/PAILIT/2009/PN.NIAGA/MDN)

Abstract

Law no. 37 Year 2004 concerning Bankruptcy is a formal juridical foundation in the bankruptcy system in Indonesia. This law provides protection to parties involved in debts. The petition for filing of a bankruptcy is a preliminary door that determines a person or an institution may be declared an insolvent petitioner. This is stipulated in Article 1 Paragraph (1) of RI Law no. 37 of 2004 concerning Bankruptcy. Bankruptcy is a process in which a debtor who has financial difficulties to pay his debts declared bankrupt by the court. In this case the commercial court, because the debtor can not pay the debt. Debtor assets can be distributed to creditors in accordance with government regulations. The main purpose of bankruptcy is to make a division between the creditors on the debtor's wealth by the curator. Bankruptcy is intended to avoid separate confiscation or separate execution by creditors and replace it by confiscation together so that the debtor's wealth can be distributed to all creditors in accordance with their respective rights. Bankruptcy institution is basically an institution that provides a solution to the parties if the debtor is in a state of stopping paying / unable to pay. The insolvency institution basically has two functions at once: 1. As a guarantor institution to all creditors that the debtor will not cheat, and remain responsible for all his debts. 2. As an institution which also provides protection to the debtor against the possibility of mass executions by its creditors. After doing research, evidence of a debt that has matured has an influence in bankruptcy cases. The acceptance of a bankruptcy petition / sue depends on the evidence presented to the Commercial Court. The perfection of evidence is the judge's guidance for receiving and deciding bankruptcy cases