Karya Ilmiah

DISERTASI (284) - Kepailitan Penanggung Utang (Borg) Atas Waprestasinya Debitor Yang Ditanggung

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Submitting a request for a bankruptcy petition against the guarantor starts to
attract the interest of banks in settling debts. Judging from the decisions of
granting or rejecting the application for a bankruptcy petition against the
guarantor (borg) is due to the absence of norms both in the guarantee law
(borgtocht) and bankruptcy law. The legal issue in this research is about what are
the principles of personal guarantee (borgtocht) and ratio decidendi of a judge in
passing the verdict on the request for bankruptcy petition against the guarantor
(borg).
This research is a normative legal research with a statute approach, a
conceptual approach, case approach, and a comparative approach. This study
found the principle of bankruptcy which can be applied against the guarantor
(borg) due to guarantor as debtor principle in which the guarantor’s (borg)
position is as a debtor who does not do his obligation in personal guarantee
(borgtocht).
The judge's ratio decidendi in rejecting the request of bankruptcy petition
against the guarantor (borg) before the existence of UUK which was then changed
into UKK PKPU was when the position of the guarantor (borg) could not be
equated with the position of debtor due to the validity of guarantor as guarantor
principle; therefore, the guarantor (borg) can not be asked to be bankrupt for any
defaults made by the debtor. Ratio decidendi of the judge in accepting the request
of bankruptcy petition against the guarantor (borg) after the existence of UUK
until the enactment of UUK PKPU is when the guarantor (borg) has waived the
rights and fulfill the bankruptcy requirements by having two or more creditors
with at least one due and payable, and there is a fact or condition which simply
proven that the requirements have been fulfilled. Ratio decidendi of the judge in
rejecting the request of bankruptcy petition against the guarantor (borg) after the
existence of UUK until the embactment of UKK PKPU is due to not fulfilling the
the bankcruptcy requirements eventhough the guarantor has waived his rights
Keywords: Bankruptcy, Personal Guarantee (Borgtocht), Guarantor (Borg),

Guarantor As Debtor Principle, Ratio Decidendi.

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Ketersediaan

031227017305

284 Sus k

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

284 Sus k

Penerbit

Surabaya : FH Unair., 2019

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KEPAILITAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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