Tanggung Jawab Istri Sebagai Ahli Waris yang Dinyatakan Pailit atas Utang Pewaris (Studi Putusan Mahkamah Agung No. 421 K/Pdt.Sus-Pailit/2022)

Abstract

When a debtor who has not paid off his debt but has died, the legal actions that can be taken by the creditor are to file a civil lawsuit or file a bankruptcy statement. When someone dies, of course there will be an inheritance where all the assets and debts of the heir are transferred to the heirs. When a debtor who still has debts but has died, who is responsible for paying off his debts. This research is aims to describe the legal actions that can be taken by creditors against debtors who have not paid off their debts but have died, whether a wife as an heir can be filed for a bankruptcy statement for the debtor's debt and the wife's responsibility as an heir who is declared bankrupt for the debts of the heir.This research uses a normative legal method, with a descriptive legal approach and case approach. The data source comes from secondary data with primary, secondary and tertiary legal materials. The data collection technique uses a literature study technique. This study is prescriptive, using a qualitative analysis method.The results of this research indicate that the legal efforts that can be taken by creditors against debtors who still have debts but have died are efforts to file a civil lawsuit or filing a bankruptcy petition against the debtor's estate. With the death of a husband, based on Article 126 of the Civil Code, the unity of property between husband and wife is legally dissolved due to death. In addition to the dissolution of property, with the death of the husband, the legal position of the wife changes from being a wife to an heir.