Analisis Yuridis Mengenai Kedudukan Hukum Wali Amanat dalam Hal Perusahaan yang Mengalami Gagal Bayar (Studi Putusan Nomor 146 PK/PDT.SUS-PAILIT/2016)

Abstract

Trustee is a party who represents bondholders inside and outside the court. The problems of this research are how is legal protection against bondholders, what are legal consequences for the Trustee in the case of a Company has default to pay, how is the analyhsis of legal considerations of the Supreme Court panel of judges in the ruling Number 146 PK/Pdt.Sus-Pailit/2016. The research uses a normative juridical method with a statutory approach and a case approach.the source of the data is secondary data collected by library research technique. The data are analyced with a normative-qualitative analysis. It can be concluded that the legal protection for bondholders in the Indonesian capital market has been provided by laws and regulations. When a trustee carries out duties and functions as stipulated in the Act, it will automatically provide legal protection to bondholders. The legal consequence for the Trustee, in the event that the Company experiences default, is to act as a party representing the interests of the bondholders who are in debt within and outside the court. Legal considerations of the Panel of Judges for the Review of Ruling No. 146 PK/Pdt.Sus-Pailit/2016 is to state that the interests of the Petitioners as bondholders are represented by the Trustee both inside and outside the Court in accordance with Article 51 paragraph (2) of Law Number 8 of 1995. In view of legal protection for bondholders in the Indonesian capital market has been provided by the laws and regulations, it is recommended that the Trustee should carry out his dudties and functions in accordance with the provisions of the legislation. In view of legal consequences for the Trustee, in the event that the company experiences default is to act as a party representing the interests of the bondholders who are in debt inside and outside the court, the Trustee should accommodate the interests of all bondholders so that no one suffers a loss. In view of legal considerations of the Panel of Judges for the Review in Decision No. 146 PK/Pdt.Sus-Pailit/2916 is to state that the Trustee is the party entitled to represent the interests of the Petitioners as bondholders so the PKPU law suit should be filed by the Trustee or his prosies.