Pelindungan Hukum Terhadap Personal Guarantee yang Melepaskan Hak Istimewa dalam Perkara Kepailitan (Studi Putusan Pengadilan Niaga Nomor 24/Pdt.Sus-Gugatan lain lain/2021/Pn.Niaga.Jkt.Pst.)

Abstract

A personal guarantee in carrying out their obligations is given special privileges by law which provide protection. However, in practice, these privileges are usually waived. Waiver of privileges can have far-reaching legal consequences for a personal guarantee, especially in relation to the debtor's bankruptcy. The purpose of this research is to determine and analyze the position of a personal guarantee in the event that the debtor is declared bankrupt, to determine and analyze the legal protection for a personal guarantee who waive privileges in bankruptcy cases and to describe and analyze the main considerations law from the Panel of Judges regarding the protection of a personal guarantee who waive privileges in decision Number 24/Pdt.Sus-Other Lawsuits/2021/PN.Niaga.Jkt.Pst. The research method used is a normative juridical research method with descriptive research characteristics. The approaches used are the statutory approach and the case approach. Data sources were obtained from secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out using literature studies and field studies. Data analysis was carried out qualitatively and used a deductive conclusion drawing method. The research results found that the position of a personal guarantee in the case of a bankrupt debtor is also as a debtor, thereby providing benefits to creditors in order to fulfill their receivables. There are 2 (two) forms of legal protection given to a personal guarantee who waive their privileges. Firstly, preventive legal protection, namely by providing information regarding the aims and objectives as well as the consequences of a personal guarantee agreement, a personal guarantee can determine the maximum limit of guarantees provided, provisions can also be stipulated relating to debtor bankruptcy and with granted subrogation rights. Second, repressive legal protection, namely filing other lawsuits through commercial courts. This can be seen from Decision Number 24/Pdt.Sus-Other Lawsuits/2021/PN.Niaga.Jkt.Pst. which in turn granted the claim of a personal guarantee.