PROBLEMATIKA PRAKTIK KEPAILITAN DI INDONESIA

Abstract

This article discusses the problems in bankruptcy practice in Indonesia which we have summarized into 4 main problems, namely the problem of executing the assets of bankrupt debtors (bankruptcy boedel) which are spread abroad, the number of "naughty" curators who deliberately bankrupt healthy companies. , we consider that the conditions for creditors as bankruptcy applicants are detrimental to creditors, and separatist creditors who have the right to enter bankruptcy and participate in voting without losing their rights to their collateral. The answer to this problem can be found in the content & discussion section. Our aim in conducting this research is to provide legal education to readers through the research we present, analyzing the shortcomings of articles in the bankruptcy law which in practice harm several parties such as curators and debtors, providing solutions to articles whose implementation is less effective. in bankruptcy law. The legal basis we use includes court decisions, Law Number 37 of 2024 concerning Bankruptcy and Suspension of Debt Payment Obligations, the Civil Code, the Criminal Code, Rv, and Circulars of the Supreme Court. Our suggestion in this research is that the government should pay more attention to bankruptcy practices in Indonesia by revising Law Number 37 of 2004 because we consider that there are articles whose implementation is ineffective and causes losses for the parties in the bankruptcy process.