Analisis Yuridis Atas Kedudukan Hukum Penanggungan Utang (Personal Guarantee) dalam putusan PKPU Debitur Utama (principal) (Studi kasus PN Niaga Medan No. 29 Pdt.Sus – PKPU/2021/PN Niaga Mdn)

Abstract

The objective of the research was to find out the legal position of the Personal Guarantees which has the effect on the ruling on PKPU (Postponing Paying off Debt) by the principal debtor who has made the main Credit Contract with a creditor. Even though the contract has been signed by the two parties, the debtor defaults because he is not able to pay off his credit on time or in due time.

The research used juridical normative method, or in the Dutch it is called, 'normatif juridsh onderzoek'. This method was used as the realization of the implementation of juridical normative so that it can be related to the legal fact which occurs in society, by using juridical approach through conceptual approach/juridical case study and statute approach. The data were obtained from primary, secondary, and tertiary legal materials. They were analyzed from the legal considerations of the Panel f Judges through the Ruling No. 29/Pdt.Sus- PKPU/2021/PN.Niaga. Mdn.

The result of the research shows that, for the sake of guaranteeing legal certainty and justice for creditor in the process of dunning due-date debt as it is embodied in the credit contract submitted through PKPU, on the whole debt of the main debtor and the other debt bearers, and when all of them cannot fulfill the restructuring on the PKPU, they will be considered having bankrupt and all of their assets will be confiscated and auctioned in order to pay off their debt to the creditor.