Settlement of Losses by The Management in The Process of Delaying Debt Payment Obligations for The Debtor's Inability to Pay
Abstract
This research talks about settlement of losses by the management in the process of
delaying debt payment obligations for the debtor's inability to pay. This type of
research is normative legal research. The approach in this study uses the statutory
approach method. The results show, first, Article 1365 of the Civil Code regulates
that if the management's actions harm the debtor's assets, the debtor can demand
responsibility and compensation for the loss. The initial dispute resolution process
can be carried out through internal PKPU mediation, involving supervisoryjudges,
administrators and debtors. Second, in the process of resolving debts and
receivables, not always all parties can accept the results of the settlement, and this
can trigger legal action. Legal action aims to reach a decision that is considered fair
by the parties involved. The administrators should be more careful in managing the
debtor's assets during the PKPU process. Article 234 paragraph (4) of Law Number
37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations
should be clarified regarding what responsibilities can be held by the management,
how the accountability process is and how far the management can be held
responsible for their actions that result in harm to the debtor's assets.
Collections
- Law [2426]