The Urgency of Legal Protection towards the Debtor of the Prospective Company in Bankruptcy Process in Commercial Court

摘要

Article 2 paragraph (1) juncto Article 8 paragraph (4) The Law Number 37 Year 2004 about Bankruptcy and Postponement of Loan Payment Obligation states that the debtor must be bankrupted if he/she is proven to have the creditor more than one and does not settle at least a loan on time and receivable. This provision makes unfairness towards the debtor of the prospective company, because in the settlement process in the court the prospective aspect of the debtor to repay the loan is not made as the basic by the judge to make decision. The decision of bankruptcy statement towards the company will gives effect not only on the debtor but also on another side related to the existence of the company. Technically since it is judged as bankrupt, the company must stop the whole business process. It means that the business relation with colleague, consumer, or even with the employee will also automatically stop. The company will loose the right of authorization of all wealth because it has been submitted to the curator to do general confiscation. Based on this, the problem that will be investigated is that what is the urgency of the protection towards the debtor of the prospective company in the bankruptcy. The method that is used in this study is normative study by using primary and secondary law material through conceptual and costitutional approaches by doing analysis in analytical prescriptive. There are 3 principles of the importance of giving protection towards the debtor of prospective company in the bankruptcy which are 1). The principle of public welfare protection 2). The principle of prospective business protection 3). The principle of national economic emowerment.