KEWAJIBAN DEBITUR MEMBAYAR UTANG DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG

SUJITIAWAN, HENDRA (2017) KEWAJIBAN DEBITUR MEMBAYAR UTANG DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG. Other thesis, Untag Surabaya.

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Abstract

Basically the suspension of payment is an effort made by the government to ensure economic stability, prevent unemployment, and provide certainty for creditors against the settlement of receivables. The suspension of payment is a suspension of the debtor's obligation to repay the debt to all its creditors within a certain period of time. The suspension of payment is divided into two stages; Postponement of temporary. Suspension of payment filed by the debtor or creditor. Given the right of creditors to apply for the suspension of payment, the debate among experts. This debate starts from the absence of legal certainty relating to the position of creditors who can apply for postponement of debt obligations. The suspension of payment intended for debtors who are unable to repay the debt, and in order for the petition to be granted by the court, a creditor's consent is required. In case the petition is granted, a new question arises as to how the debtor can repay the debt, Whereas, he is in a condition unable to pay. If the application is granted, but the debtor remains a default, the creditor may ask for the cancellation and the debtor is declared bankrupt, so in the end the postponement of the obligation to pay the debt can’t overcome the bankruptcy, other than just slowing down the bankruptcy process. As such, the suspension of payment is deemed to be ineffective.

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