BANKRUPTCY LAW FIRM FOR BANKRUPTCY
According to Law No.. 37
of 2004 on Bankruptcy and Suspension of Payments Debt, bankruptcy is a
general confiscation of all property and the administration
of the bankruptcy debtor pemberesannya conducted by curator under the
supervision of the supervisory judge. While a debtor is declared
bankrupt already declared unable to pay debts utangya
again.
If the decision has been handed down by the bankruptcy
court to the debtor
the debtor will
lose all rights
to control and manage the property of their possessions, as well as new debt
is no longer secured by the property. This
principle is very detrimental to
the debtor because the debtor was insolvent
and its debts, while many of their possessions were seized by the
court. This is not in accordance
with Islamic principles which if a person has a
lot of debt then
it's easy to be able to pay its debts in full instead
of their possessions confiscated.
If his property was
confiscated then could not pay off its debts
from assets which
would pay his
debt just do not have. Therefore, the bankruptcy laws need to be revised because
it has been detrimental to the debtor.
Sumber:
Dhaniswara K. Harjono. Pemahaman Hukum Bisnis bagi Pengusaha. Jakarta:
Raja Grafindo Persada. 2006.
