Pembatasan Jangka Waktu Penundaan Kewajiban Pembayaran Utang terhadap Debitor dalam Kepailitan

Abstract

The aims of the research is to analyze reasons for short term restriction onthe Postponement of Debt Payment Obligation (PDPO), the existence of time limitprovisions resulting the failure of the debtors’ debt efforts with creditors, and thePKPU’s term limits on legal protection for the interests of debtors to prevent bankruptcy.This research is a normative juridical research. Data used in this researchwere secondary data obtained from official documents, books related to the objectof research, research results in the form of reports, bachelor thesis, master thesis,dissertation and regulations. This research was also supported with primary databy conducting an interview with Advocates as resource persons to support the research.Data were analyzed qualitatively. The results of the research indicated that:(1) the term restriction given by Law no. 37 of 2004 concerning Bankruptcy andPostponement of Debt Payment Obligation has an objective of making debtors ableto offer amicable resolution to creditors related to debt payments so that debtors cancontinue their business. (2) The term is not a determinant of the failure of amicableresolution effort in the Postponement of Debt Payment Obligation, but affect theprocess of achieving the Postponement of Debt Payment Obligation, (3) Law No.37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligationprovides security guarantee such as giving the debtors an opportunity to reorganizebusiness or company management or to restructure their debts within the period ofPostponement of Debt Payment Obligation, and the debtor does not lose their rightsto take care of the company and assets, so that the debtors still have the authorityto manage the company. It can be concluded from the research that (1) Law no.37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligationprovides a short term for the debtors so that the debtors are really able to makeamicable resolution to the creditor in relation to the payment of debts. (2). The termis not a determinant of the failure of amicable resolution effort in the Postponementof Debt Payment Obligation, but affect the process of achieving the Postponementof Debt Payment Obligation. (3). Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligation has provided a guarantee of legal protection in the form of certainty to the debtor to prevent bankruptcy.