Tinjauan Yuridis Tanggung Jawab Perseroan Terbatas Koba Tin Terhadap Penundaan Kewajiban Pembayaran Utang Kepada Para Pihak

Abstract

Loan agreements represent a form of contract between a creditor and a debtor. Such agreements must be based on mutual consent between both parties. The creditor provides a loan to the debtor on the basis of trust that the debtor will repay the debt on time as agreed. However, in practice, delays in debt repayment by debtors are frequent. Debtors often fail to fulfill their obligations even after the due date has passed. In such cases, the debtor is considered to have committed a breach of contract (wanprestasi), as they have not complied with the terms of the agreement. In the dynamics between creditors and debtors in debt-related matters, the national monetary crisis has further exacerbated issues, leading to business bankruptcies and increasing problems of indebtedness. “One of the legal instruments used as a foundation for resolving debt issues and closely related to business bankruptcy is the regulation on bankruptcy, including regulations on the Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang or PKPU), as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations”. “Specifically, Chapter III Articles 222 to 294 of Law Number 37 of 2004 address the provisions related to PKPU”.