Honeste Vivere
Vol 33 No 1 (2023): January

PERLINDUNGAN HUKUM ATAS PELEPASAN HAK ISTIMEWA BAGI PEMEGANG CORPORATE GUARANTEE AKIBAT WANPRESTASI DEBITOR BANK

Setyo Sardjono (Universitas Kristen Indonesia)
Hulman Panjaitan (Universitas Kristen Indonesia)
Hendri Jayadi (Universitas Kristen Indonesia)
Tomson Situmeang (Universitas Kristen Indonesia)



Article Info

Publish Date
16 Jan 2023

Abstract

The bank's activity as an intermediary is to collect and distribute funds in the form of credit. Creditors in providing credit to debtors adhere to the principle of prudence, because creditors are faced with credit risk. For this reason, banks in providing credit to debtors have several conditions that must be met, including the existence of guarantees, both material (material) and immaterial (individual) guarantees. One form of individual guarantee is a guarantor (borghtoct), which is found in the case of the Supreme Court's Decision on Bankruptcy and PKPU. The research method used is normative research with a statutory approach. The results of the study found that the petitioned bankruptcy case was rejected or at least declared unacceptable because the PKPU applicant did not have legal standing because the facility agreement underlying the debt was legally invalid and therefore null and void, as well as the company guarantee deed as well as the legal limit.

Copyrights © 2023






Journal Info

Abbrev

hv

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Honeste Vivere is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various ...