Kedudukan Hukum Corporate Guarantee dalam Penundaan Kewajiban Pembayaran Utang (PKPU) terhadap Utang Debitur (Studi Putusan Nomor 02/PDT.SUS-PKPU/2020/PN.SMG )

Abstract

Guarantee in a debt agreement between the main debtor and the creditor is a legal mechanism used to provide additional guarantees to the creditor that the debtor's debt will be paid off. The problems discussed are guarantees in debt agreements between the main debtor and the creditor, can a corporate guarantee be applied for as a party in the postponement of debt payment obligations for the main debtor to creditors, the position of the corporate guarantee in the postponement of debt payment obligations to the debtor in decision Number 02 / Pdt.Sus PKPU / 2020 / Pn.Smg. The method used in this thesis research is a legal research method with a normative legal research type. The nature of this research is descriptive with a statutory approach and a case approach. The data used is secondary data as the main data consisting of primary, secondary, tertiary legal materials obtained by library research data collection techniques and using qualitative data analysis. Guarantee in a debt agreement where a third party called the guarantor provides a guarantee to the creditor that the debt owned by the debtor will be paid. If the debtor fails to pay his obligations, the guarantor will be responsible for paying off the debt in accordance with the agreement in the agreement. A debt agreement must meet the requirements for a valid agreement as regulated in article 1320 of the civil code, namely agreement of the parties, capacity to make an agreement, the existence of a certain thing, and a lawful cause. A corporate guarantee can be applied for as a party in the postponement of debt payment obligations for the main debtor to the creditors if later in the agreement the guarantor states that he will pay off the main debtor's debt on a joint basis. The position of the corporate guarantee in the postponement of debt payment obligations to the debtor in decision number 02 / Pdt.Sus PKPU / 2020 / Pn.Smg. considered by the judge to have met the requirements, the position of the PKPU II respondent as a guarantor has also released its privileges as a guarantor and acted in the nature of a joint guarantee, so the PKPU II respondent also has obligations that have matured and can be collected from the PKPU applicant.