UPAYA HUKUM DALAM PERKARA KEPAILITAN

Abstract

Abstract. Bankruptcy is a legal process carried out by the debtor to free himself from the obligation to pay his debts to creditors. Debtors who choose to file for bankruptcy are persons or legal entities who are unable to pay their debts to creditors. Bankruptcy can be carried out by submitting a bankruptcy application to the relevant District Court. Bankruptcy as reflected in article 2 paragraph (1) of Law Number .37 of 2004 is a situation where the debtor does not pay in full at least one debt that has fallen due and collectible and is declared bankrupt by a court decision. In a court decision, of course, there are parties who are dissatisfied with the court's decision, especially the losing party, so there is an opportunity for legal action. In the Bankruptcy Law, there are two possible legal remedies that can be taken by parties who are not satisfied with the decision to declare bankruptcy, namely cassation or judicial review to the Supreme Court. (Article 11 paragraph (1), Article 14, Article 295 paragraph (1) of Law No.37/2004).