PERLINDUNGAN HUKUM KREDITOR DALAM KEPAILITAN JIKA DEBITOR DALAM LEMBAGA PEMASYARAKATAN (Studi kasus nomor 278/Pdt.Sus-PKPU/ 2021/ PN. Niaga.JKT.PST)

Abstract

In a social life, borrowing money activity has been carried out for a long time because money is a means of payment. Individuals or legal entities sometimes do not have enough money to finance their needs or activities. In this case the party who gets a loan from the bank is called the debtor, the party who gives the loan is called the creditor. The problem faced is the reason for the occurrence of default in the credit agreement according to the Civil Code and the responsibility of an insurer is guaranteed individually in the agreement according to the articles stipulated in the Civil Code. If the debtor defaults, the applicant or creditor applies 2 ways, namely: non-litigation and litigation. The responsibility of the guarantor in the individual guarantee is determined based on the nominal or assets written in the guarantee and the responsibility is based on article 1822 of the Civil Code, but in practice if the nominal amount is not stated, the bank will use Article 1131 of the Indonesian Civil Code. The Civil Law Act which stipulates that all objects of the insurer, whether movable or immovable, and which exist or will exist are the responsibility of the engagement. be more careful in entering into credit agreements by collecting in advance what reasons often occur that make a debtor default