PERTANGGUNGJAWABAN DEBITOR PERSEROAN TERBATAS DALAM KEPAILITAN (Tinjauan Putusan No.11/Pailit/PN.Niaga Medan)

Jurnal Ilmu Hukum Prima, Vol 9 No. 1, April 2016, ISSN: 2088-5288

Senin, 09 April 2018 14:00 | Sudah dibaca 83 kali

Bankruptcy law is universal which can be adapted to situations that lead to the addition of rules of bankruptcy law and responsibility of limited liability company (PT) based on their functions. This research type is juridicial normative with constitution and analytical approach. The research aims at finding out the rules of limited liability company (PT) relating to its characteristics and law impacts resulted from the bankcruptcy. The normative and literature research includes law basics, and research on law system. Based on this research, it is found that law consideration of Judge of Supreme Court Trading Medan in receiving the application of bankruptcy of the creditor Luhut M. Ompunsuggu and PT. Bank CIMB Niaga as the applicants of bankcruptcy is correct because PT.Mestika Sawit Inti Jaya which was stated bancruptcy could not pay deadline debt and can be debt collected having two debtors which is along with agreement verse 2 code 1 Constitution No 37 2004. As a legal result, PT.Mestika Sawit Inti Jaya was declared to be bankruptcy and all assets the company owns given by curators as stated in verse 69 point 1 constitution no. 37 2004 in the supervison of controlling judge.

Kata Kunci: Debtors, Creditors, Bankruptcy, Limited Liability, Accountability