The Bankruptcy of Debtor that Bound by a Valid Marriage and had not Done a Prenuptial Agreement

SKRIPSI

Abstract

By : A.A.Ngurah Bagus Surya Arditha

Email : gunkngurahsurya@rocketmail.com

Faculties : Fakultas Hukum

Department : S1 Ilmu Hukum

The Bankruptcy of Debtor that Bound by a Valid Marriage and had not Done a Prenuptial Agreement Bankruptcy law in Indonesia is obliged to observe and comply with the regulations set out in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Obligation Payment (PKPU). The requirements of bankruptcy decision are stipulated in Article 2 paragraph (1); that the debtor who has two or more creditors and not paid off the debts at least one that already fall due and billable, is declared in bankruptcy state by the Court's decision, either by his own or by the request of the petition of one or more creditors. This arrangement causes problems if the debtor who filed for bankruptcy still bound by a valid marriage and does not perform the marriage covenant. This is related to the effect of the bankruptcy decision against the joint property of the debtor in marriage. The existence of joint property on marriage in bankruptcy need to be considered to avoid bankruptcy petition against the debtor that can injure the justice, especially for married couples (husband / wife). Based on these problems can be formulated as a result of concerns regarding what bankruptcy law result of husband and wife who do not make prenuptial agreement and how the application process of the declaration of bankruptcy if the debtor is bound by a valid marriage and did not make the prenuptial agreement. The type of research used in this essay is normative legal research (normative) with consideration that the starting point of the research is analysis of the issues in the bankruptcy decision relating to the effect of the joint property of the debtor within marriage and does not perform the prenuptial agreement. The approach used here is the legislation approach. Legal materials collecting techniques used in this essay is a combination of the snowball method and the card systems method. The study results of the considered problem regarding the bankruptcy of debtor who is bound by a valid marriage and does not perform the prenuptial agreement is an analysis of the legal consequences of the decision of the bankruptcy debtor (husband or wife) against their joint property in which case it may be enforced bankruptcy together. While the bankruptcy application process for the Debtor in the bonds of a valid marriage and did not make a prenuptial agreement in principle is same as the bankruptcy process in general, i.e. through a petition filed by creditors and also through initiatives from themselves.

Keyword : Bankruptcy, Debtor, Legal Marriage, Marriage Agreement, Joint Property

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