Debt Settlement Through the Client of the Existence of Limited Partnership Business Entity as a Non-Legal Business Agency in Indonesia

Abstract

A limited partnership or CV is a non-legal entity that is widely used in running a company which can be declared bankrupt. This paper aims to investigate further regarding the consequences of the end of bankruptcy on the existence of CV as a non-legal entity company where there is no separation of assets between CV and its partners. The research method used is juridical normative, using secondary data consisting of primary legal materials and secondary legal materials, analyzed descriptively analytically. The results of the study reveal that in CV bankruptcy, CV, complementary and limited partners, as for the bankruptcy board, are CV's assets, allies 'original assets and allies' original assets if bound in marriage without a marriage agreement, and joint assets. CV can operate again if the bankruptcy ends in peace or insolvency followed by a grant of rehabilitation. It is based on the current procedure that bankruptcy against the debtor can end because of peace or insolvency which further entitles the debtor to rehabilitation through a process that does not regulate how long the process is and the requirements for a bankruptcy declaration can result in a solvent company being declared bankrupt resulting in general confiscation of the debtor's and debtor's assets no longer operational, it is very detrimental to the debtor. On the other hand, the existence of general confiscation of the debtor's assets which becomes a guarantee for the repayment of the creditors' receivables requires certainty about who can be requested to be declared bankrupt.