Perlindungan Hukum Kepailitan Perusahaan Solvable di Indonesia

Authors

  • Devi Andani Universitas Janabadra, Indonesia

DOI:

https://doi.org/10.37159/2022kh.v7.i1.2

Keywords:

company, legal protection, solvable, solvent, bankruptcy

Abstract

Abstract

This study aims to determine the legal protection for bankruptcy of solvable companies in Indonesia. The method used is qualitative by following the typology of normative legal research, data is collected by means of literature studies and documents written descriptively and analyzed qualitatively. The results of this study indicate that bankruptcy decisions can occur in solvable companies, if the party applying for a bankruptcy statement has fulfilled the requirements, namely, there are debtors, there are two or more creditors, there is debt, and at least one debt has fallen due and can be paid off. billed. Meanwhile, legal protection for solvable companies that are declared bankrupt is not regulated in Law Number 37 of 2004. According to this law, if the company has been declared bankrupt, then the company is no longer capable of carrying out legal actions and general confiscation is carried out on all company assets even though the company is concerned are included in solvable companies. In the future, the Indonesian Bankruptcy Law must be designed to protect solvable companies by providing arrangements regarding company reorganization as a way to save companies from bankruptcy, providing more detailed requirements so that certain parties can apply for bankruptcy statements, and providing legal protection for solvable companies against bankruptcy. bankruptcy threat.

Downloads

Published

2022-05-20

How to Cite

Andani, D. (2022). Perlindungan Hukum Kepailitan Perusahaan Solvable di Indonesia. Kajian Hukum, 7(1), 76–91. https://doi.org/10.37159/2022kh.v7.i1.2

Issue

Vol. 7 No. 1 (2022): Mei

Section

Articles

Citation Check

License

Authors who publish with this journal agree to the following terms:

  1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
  4. Articles and all related material published are distributed under a Creative Commons Attribution-ShareAlike 4.0 International License.