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Claudia, Ayumi
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Responsibilities of Individual Guarantor (Personal Guarantee) Declared Bankrupt Claudia, Ayumi; D. Liman, Padma; Rifai, Aulia
ARRUS Journal of Social Sciences and Humanities Vol. 3 No. 3 (2023)
Publisher : PT ARRUS Intelektual Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35877/soshum1826

Abstract

The purpose of this research is to find out the liability of individual guarantors who are declared bankrupt. This research is normative juridical law research. The approaches used in this research are the Legislative Approach and the Conceptual Approach. The legal materials that will be used are primary, secondary, and tertiary legal materials. The method of collecting legal materials is carried out by studying documents in obtaining data from laws and regulations and other documents related to the author's problems related to decision Number 212K/Pdt.Sus-Bankrupt/2015. In the Supreme Court Decision Number 212K/Pdt.Sus-Bankrupt/2015, there is an imbalance between theory and practice. The non-implementation of Article 1824 BW in this decision is detrimental to the insurer. The non-implementation of Article 1824 BW in this decision is detrimental to the insurer. In the Deed of the Guarantor, if it is not expressly agreed that the guarantor is willing to go bankrupt if the debtor defaults, then the legal consequences of the guarantor cannot be filed for bankruptcy over the default committed by the debtor.
Co-Authors D. Liman, Padma Rifai, Aulia