Sita Umum terhadap Aset Personal Guarantee dalam Kepailitan Debitur Utama (Principal) (Studi Putusan Nomor: 06/Pdt.Sus-Lain-Lain/2019/PN. Niaga Jo. Nomor: 2/Pdt.Sus. Pailit/2018/PN. Niaga. Mdn)

Abstract

This thesis discusses the General Confiscation of Personal Guarantee Assets in the Bankruptcy of the Main Debtor, regulated in Article 21 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and Article 1831 of the Civil Code, so that the Personal Guarantee has responsibility for the bankruptcy statement of the main debtor, but in practice there is an interesting phenomenon. As a case example, in the Medan District Court Decision Number 6/Pdt. Sus-Lain-Lain/2019/PN.Niaga.Mdn., there is a phenomenon of confiscation of personal guarantee assets without a bankruptcy declaration against the personal guarantee assets without a bankruptcy declaration against the Personal Guarantee. The method used in writing this thesis is the normative juridical research method, which is a method that refers to legal norms conducted through a literature study. This research has a descriptive nature. The data analysis method used is descriptive-qualitative. The results of the study explain the position of personal guarantee in the bankruptcy of the main debtor. Based on Article 1832 of Civil Code Number 2, the position between the main debtor and the guarantor, or personal guarantee, or Borgtocht, is that both are debtors. Personal guarantee assets cannot be confiscated in the bankrupty of the Pricipal Debtor, unless there is a declaration of bankrupty against the personal guarantee and the personal guarantee releases special rights. In Decision Number: 6/Pdt.Sus-Lain-Lain/2019/PN.Niaga. Mdn Jo. Number: 2/Pdt.Sus.Pailit/2018/PN. Mdn has not reflected justice because the personal guarantee assets have not been included in the bankruptcy estate because the personal guarantee was not bankrupt, so general confiscation cannot be carried out and is not in accordance with the contents of the guarantee agreement agreed upon by the creditor and guarantor.