Implementasi Restrukturisasi Dalam Prosesi Kepailitan Dan Penundaan Kewajiban Pembayaran Utang Di Indonesia

Abstract

In order to enforce the law in the field of bankruptcy, there are procedures that must be carried out by every justice seeker, namely bankruptcy procedures and suspension of payment. The procedure for bankruptcy and the suspension of payment begins with the application, then followed by the decision of the bankruptcy statement or the suspension of payment and all legal appeals. Inside this process will be found restructuring between debtors to avoid bankruptcy, both in the form of debt restructuring and corporate restructuring. The purpose of this study is to have a description of the implementation on restructuring regarding bankruptcy and suspension of payment procedures, and also to be a guide for optimizing the restructuring plan arranged by the debtor. This research has reached the result that the restructuring in the process of bankruptcy and suspension of payments is mostly the debt restructuring and begins with a settlement plan. Rescheduling is the most popular bankruptcy restructuring model and suspension of payment. In addition it is a combination of rescheduling and asset sales, finding new equity, as well as debt to equity swap. Obsession arises in the process when the debtor arranges a restructuring plan. Some cases show that the debtor's understanding of the use of the restructuring plan is the main reason for the constraint. In addition, the implementation of the restructuring may fail in some cases, citing the lack of ability of the debtor to handle business and debt.