Analisis Yuridis terhadap Sengketa Perjanjian Investasi yang Mengandung Unsur Utang Piutang (Studi Kasus Putusan No. 15/Pdt.Sus-Pailit/2024/Pn Niaga Sby)

Abstract

This research discusses a juridical analysis of bankruptcy in investment agreements that containing elements of debt and receivables based on the case study of Decision No. 15/Pdt.Sus-Pailit/2024/PN Niaga Sby. The background of this study is a legal phenomenon where a default in the execution of an investment agreement leads to a dispute and results in a bankruptcy petition filed by creditors against the debtor. The issues raised include the legal protection for investors in bankruptcy, legal analysis of the investment agreement in the decision, and whether disputes arising from investment agreements can be brought into bankruptcy proceedings. The method used is normative legal research with a statutory and case-based approach. Data sources were obtained from primary and secondary legal materials through library research. The findings show that an investment agreement containing provisions for the return of capital and fixed profit can be legally categorized as a debt relationship. In this case, the court granted the bankruptcy petition because the requirements under Article 2(1) of Law No. 37 of 2004 were met—namely, the existence of two or more creditors and a due and collectible debt. Therefore, the aggrieved investor was legally positioned as a concurrent creditor and entitled to a portion of the debtor’s assets through the bankruptcy process. This research concludes that legal protection for investors can be obtained through bankruptcy proceedings when investment obligations are not fulfilled according to the agreement.