Analisis Yuridis terhadap Putusan Hakim Atas Debitur yang Memohonkan Kepailitan terhadap Dirinya Sendiri (Analisis Penetapan Pengadilan Niaga Medan Nomor 02/ Pdt.Sus-Pailit/ 2016/ PN.Mdn)

Abstract

A situation of being unable to pay is usually due to afinancial distress from the debtor's business which experiences a setback. A person or legal entity unable to pay his debt to his creditor can apply for a voluntary petition so that all of his property will beunder the supervision of the Commercial Court. The problem regarding a debtor who filesfor bankruptcy can actuallybe asked from the debtor Gwe Tjoen alias Atman Wiratman, who appliesfor bankruptcy against himself and has been decided to bankruptcy with all the legal consequences based on the decision of the Medan Commercial Court No. 02/Pdt.Sus-Pailit/2016/PN.Niaga Mdn. This research discusses why an individual debtoris justified in Voluntary Petition, What the consequence of the legal bankruptcy decision is against the individual debtor, who applies for Voluntary Petitionand how the judiciary has applied the law in Voluntary Petitionsubmitted by the individual debtor in case No. 02/Pdt.Sus-Pailit/2016/PN.Medan. The research uses the juridical normative method with descriptive analytical design. This research uses the Law and case approach. The data are the secondary data supported by the primary data namely interviews with some informants. Data are collected by using library research / document and interview and analyzed qualitatively. The results showed that the reason for individual debtors and legal entity apply for voluntary petition is when he has two or more creditors and are not able to pay due dated debts which can be collected and there is a request from both the debtor and creditor. The Court Decisions 02/Pdt.Sus-Pailit/2016/PN.Medan on the case of Gwe Tjoen alias Atman Wiratman (as a debtor), the panel of judges granted the petition to be declared the voluntary petition, and his wife agreed to applyfor bankruptcy. The panel of judge is based on the article 2 of Bankruptcy law and PKPU Number 37 of 2004, granted the debtor's request for bankruptcy. Law is not only related to the contents and its application, but also the behavior of law enforcers. Judges as law enforcers can provide a legal certainty for debtors who apply for bankruptcy to the creditors. For debtors who request bankruptcy for themselves are considered to be less able to give a justice to the creditors because it favors the debtors.