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This article discusses the comparative law between Indonesia and Malaysia regarding bankruptcy of inheritance left by a deceased testator. In Indonesia, Bankruptcy of Inheritance and Responsibility of Heirs Based on the "Burgerlijk Wetboek", with 2 (two) main issues, namely bankruptcy petitions based on debts from the testator and the responsibility of heirs who have received inheritances from deceased debtors. The main focus of this discussion is how each country regulates the possibility of inheritance being declared bankrupt, as well as the position of the heirs in the bankruptcy process. The method used in this study is normative juridical with a comparative law approach. The results of the analysis show that although Indonesia and Malaysia have similar legal system roots (civil law influenced by the Netherlands and England), there are differences in principle in the treatment of bankruptcy of inheritance. Indonesia allows bankrupt inheritance assets to be subject to bankruptcy under certain conditions, while Malaysia emphasizes the inheritance administration process without a formal bankruptcy approach. This study is important to provide an understanding for legal practitioners in dealing with inheritance dispute cases burdened with debt.

This study aims to examine the aspect of justice in the administration and settlement of bankrupt assets by the Curator, particularly concerning the repayment of receivables to creditors in the context of auction minutes issued by the KPKNL Samarinda. The research adopts a normative juridical method, legislation approach and conceptual approach, and is connected to a case study approach focusing on the auction process in the bankruptcy case of PT Karebet Mas Indonesia (in bankruptcy). The results of this study indicate that the Curator, in administering and settling unsold bankrupt assets, may proceed with a private sale (underhand sale) with the approval of the supervising judge, based on a limit value obtained from an independent appraiser’s valuation, provided that at least two public auctions have been conducted without success. The distribution of assets to creditors must observe the principle of pari passu pro rata, which ensures equal treatment according to their respective priorities.In the event that the settlement process of the bankrupt estate has been declared completed, yet the creditors have not received full repayment of their claims, the general provisions under Article 1131 of the Indonesian Civil Code shall apply, namely that all of the debtor’s assets constitute collateral for the fulfillment of their debts. This study recommends an amendment to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, to regulate in a detailed, specific, and comprehensive manner the requirements for the underhand sale of bankrupt assets by the Curator. Such regulation is necessary to ensure justice and legal certainty for bankrupt debtors and creditors, particularly regarding the repayment of claims for concurrent creditors.

Bankruptcy regulations in Indonesia, particularly in Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, are often contentious due to the absence of strict limitations on the filing of bankruptcy petitions. This has the potential to ensnare debtors who are still financially solvent, overriding the principle that bankruptcy should be the last resort in debt settlement.  Law Number 37 Year 2004 on Bankruptcy and Suspension of Debt Payment Obligations only requires the existence of two creditors with debts that are due and collectible through simple proof. This study aims to analyze in depth the legal arrangements and determination of insolvency in Law Number 37 of 2004. By using a normative juridical research method, as well as a statute approach that focuses on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and other related regulations, secondary data will be collected through literature studies. Insolvency is defined as a condition where the debtor's total debt to all creditors exceeds the value of all its assets, otherwise known as a state of inability to pay. In Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, the term "insolvency" differs from commonly used terms, such as balance sheet insolvency, which means debts exceeding assets, or cash flow insolvency, which means the inability to pay debts due to liquidity.  Unlike the practice in the common law system, the determination of insolvency in Indonesia does not involve mandatory financial audits or court decisions based on independent financial analysis.

Bankruptcy as a legal remedy for creditors to receive payment from debtors can cause losses for concurrent creditors. The absence of the right to precedence, resulting in concurrent creditors can only receive payment if preferred creditors and separatist creditors have received payment, therefore, it is important to provide legal protection for concurrent creditors in obtaining their right to receive payment. In this research, a normative juridical method will be used through literature study. By using secondary legal sources as well as primary and secondary legal materials relevant to the protection of concurrent creditors in bankruptcy cases. In the research results, it was found that there is an urgency to apply the insolvency test as an effort to protect concurrent creditors from losses to debtors declared bankrupt. Then, it is also important for concurrent creditors to file legal remedies in the event that the debtor is declared bankrupt, but still has the financial ability to pay his debts.

Bankruptcy as a legal remedy for creditors to receive payment from debtors can cause losses for concurrent creditors. The absence of the right to precedence, resulting in concurrent creditors can only receive payment if preferred creditors and separatist creditors have received payment, therefore, it is important to provide legal protection for concurrent creditors in obtaining their right to receive payment. In this research, a normative juridical method will be used through literature study. By using secondary legal sources as well as primary and secondary legal materials relevant to the protection of concurrent creditors in bankruptcy cases. In the research results, it was found that there is an urgency to apply the insolvency test as an effort to protect concurrent creditors from losses to debtors declared bankrupt. Then, it is also important for concurrent creditors to file legal remedies in the event that the debtor is declared bankrupt, but still has the financial ability to pay his debts.

Peace agreements serve as an alternative solution for resolving debts between debtors and creditors, aiming to enable debtors to restructure their debts and maintain business continuity. The peace agreement process is governed by strict procedures, including the submission of a peace plan by the debtor, approval by concurrent creditors through voting, and ratification by the Commercial Court through a homologation hearing. A ratified peace agreement is binding on all concurrent creditors but can be annulled if the debtor fails to fulfill their obligations, as illustrated in the case of PT Perindustrian Njonja Meneer. This study employs a normative legal method with a statutory approach and qualitative data analysis. The findings indicate that the success of a peace agreement depends on the debtor’s compliance and the creditors’ approval.  

Creditors are parties who have receivables based on agreements or legal provisions that can be collected through legal channels. In the practice of lending, collateral is very important to provide legal certainty and a sense of security for both parties, both creditors and debtors. This study discusses two main problem formulations, namely the position of the guarantee of dependents against creditors when the debtor defaults, and the form of legal protection for creditors if the right of dependency cannot be executed. The method used is normative juridical research that examines the applicable positive legal provisions. The results of the study show that if the debtor defaults, the creditor has the right to execute the collateral object through sale to cover his receivables. However, under certain conditions the right of dependency cannot be executed, so a legal mechanism is needed that provides protection to creditors. This protection is regulated in Law Number 4 of 1996 concerning Dependent Rights, especially in the articles that regulate the definition of dependent rights, the execution process, and the principle of droit de suite which guarantees the rights of creditors to the collateral object even if they change hands. Thus, the legal system of dependent rights is an important instrument in ensuring certainty and legal protection for creditors.

This study aims to (1) determine the legal provisions regarding the execution of fiduciary guarantees based on Law Number 42 of 1999 concerning Fiduciary Guarantees, (2) determine the legal limitations in the execution of fiduciary guarantees against problematic credit based on applicable legal provisions. The type of research used is normative legal research, using a qualitative approach. The results of the study indicate that although normatively fiduciary execution can be carried out directly by the creditor based on a fiduciary certificate that has executorial power, in practice various obstacles arise. These obstacles include the unregistered fiduciary deed, imperfect agreements, debtor approval, to the decision of the Constitutional Court which guarantees the existence of a default agreement and court involvement if an agreement occurs. This study concludes that legal protection for debtors is getting stronger, but the effectiveness of fiduciary as a credit guarantee faces new challenges in its implementation.

Bankruptcy as a debt settlement mechanism in Indonesia has a significant impact on all debtors' assets, including intellectual property rights such as trademarks. In practice, many companies have licensed trademarks to third parties before being declared bankrupt, resulting in legal uncertainty regarding the validity of the license agreement and protection for the licensee. This study aims to examine the implications of bankruptcy on the validity of trademark licenses and analyze the legal position of licensees according to the Bankruptcy Law. The research method used is normative juridical with statutory and conceptual approaches, as well as qualitative analysis of primary and secondary legal materials. The results show that the rights to the licensed trademark remain part of the bankruptcy estate and are under the management of the curator. The license agreement can be continued if it benefits the bankruptcy estate, but can be terminated by the curator if it is considered burdensome. The legal position of the licensee is highly dependent on the recording of the agreement at the DJKI and the policy of the curator. The implications of this research emphasize the need for clearer regulations to provide legal certainty and balanced protection for all parties involved in bankruptcy.

Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations, PKPU is an effort to reach an Agreement or Mutual Agreement between the debtor and creditor which is carried out with the intention of submitting a peace plan in the form of an offer of payment of either part or all of the debt that has matured to the creditor regarding the settlement of debts. Furthermore, in the results of the analysis of Decision PKPU Number 188 K/Pdt.Sus-PKPU/2013, the Debtor has violated the provisions of Article 222 paragraph (2) of the Law, it is explained that for debtors who have more than one creditor and the debtor does not pay at least one debt that has matured and can be collected, he is declared bankrupt by a court decision, either at the request of the debtor himself or at the request of one or more of his creditors, Legal Implications of Decision No. 08/PKPU/2012/PN.Niaga.Mks Debtor PT.Kopi Jaya Comrpora as the debtor, seeing from the trial facts, the author agrees with the decision of the panel of judges.

In the Temanggung District Court there are several lawsuits by Separatist Creditors against Debtors who are in default of the agreed credit agreement. For example in cases 13/Pdt.G/2023PNTmg and 17/Pdt.G/2022/PNTmg. In these cases, Separatist Creditors filed a lawsuit against the Debtor who is in default. In this article, the author discusses the lawsuit for default by Separatist Creditors against their Debtors who are in default and the reasons why Separatist Creditors filed a lawsuit against the Debtor who is in default at the Temanggung District Court using Qualitative research methods and with a Literature Study approach sourced from Case Decisions, Legislation, Journal Articles, and Books. Separatist Creditors have the right to sue Separatist Creditors who feel disadvantaged due to the Debtor's non-compliance in fulfilling payment obligations. However, despite having the right to sue and having suffered losses, the panel of judges emphasized that the Separatist Creditor should not have filed a lawsuit in court, but could have directly sold the existing collateral. This shows that the execution rights attached to the collateral are prioritized over the right to sue in court.

Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations, PKPU is an effort to reach an Agreement or Mutual Agreement between the debtor and creditor which is carried out with the intention of submitting a peace plan in the form of an offer to pay either part or all of the debt that has matured to the Creditor regarding the settlement of debts. Then in the decision NUMBER 188 K/Pdt.Sus-PKPU/2013 the Debtor has violated the provisions of the Law, Article 222 paragraph (2) explains that for debtors who have more than one creditor and the debtor does not pay at least one debt that has matured and can be collected, he is declared bankrupt by court decision, either at the request of the debtor himself or at the request of one or more of his creditors, Legal Implications in Decision No. 08/PKPU/2012/PN.Niaga.Mks Debtor PT.Kopi Jaya Comrpora as the debtor, seeing from the trial facts, the author agrees with the decision of the panel of judges.

This study aims to find out and analyze the study of the default judiciary in the implementation of the lending agreement between creditors and debtors based on case number 71/PDT. G/2023/PN KPG. This research is a normative law research that uses primary legal materials and secondary legal materials. The approach methods used in this study include the Case Approach, the Conceptual Approach, and the Statute Approach. The researcher performs this technique by collecting source materials and then doing so by reading, studying, analyzing, recording and interpreting points related to the problems or legal issues raised by the researcher. The results of this study show (1) The form of default committed by the defendants or debtors as contained in decision number 71/Pdt. G/2023/PN. Kpg The form of default committed by the debtors and/or the defendants as the judgment in question is a form of default "carrying out the achievement but not as it should" (2) The legal consequences that must be borne by the defendants are having to pay compensation that is many times the amount of the previous loan, namely from Rp. 350,000,000,- (three hundred and fifty million) to Rp. 612,847,022,-  (six hundred and twelve million eight hundred and forty-seven twenty-two rupiah) and must pay the cost of the case and must give up the bail if seven days after the legally effective judgment remains to be confiscated and the factors that cause the perpetrators of the default can be categorized into internal factors and external factors.

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.

BNI Fleksi Credit is a KTA facility offered to employees with fixed income for consumption purposes. The procedure for granting BNI Fleksi credit by Bank BNI Branch. Fatmawati still has problems, one of which is not providing physical collateral and there are still prospective debtors who do not understand the terms and conditions in applying for BNI Fleksi credit facilities. The purpose of this study is to find out what are the terms and conditions in applying for BNI Fleksi credit, to find out how the implementation of BNI Fleksi credit provision, to understand the various obstacles in the process of granting BNI Fleksi credit by Bank BNI Fatmawati Branch. The study method used is descriptive qualitative method. The result of the study shows that, 1) BNI Fleksi credit that has been implemented runs quite well and has been in accordance with the procedures and provisions, however, there are still some obstacles faced, one of which is the completeness of document requirements as support in the process of granting BNI Fleksi credit has not met the requirements. 2) In BI Checking, there are still prospective debtors who have arrears at various banks. 3) BNI Flexi Credit customers experience delays in paying principal and interest installments due to the company being late in paying salaries to employees, this has an impact on installment payments and the occurrence of collectibility which is the possibility of not receiving back the loan that has been given. 4) Refusal to provide BNI Flexion to prospective debtors because they do not guarantee themselves with credit insurance that can protect the risk of inability to pay, death, bankruptcy, termination of employment, repayment of remaining credit interest and arrears, and also simplify the loan application process.

Because we are social creatures, laws establish norms about how members of society should interact with each other. The Constitution of the Republic of Indonesia establishes a legal framework to regulate all human interests, including human rights. An agreement is an important document that regulates the responsibilities and privileges of individuals involved in a contractual relationship. An agreement is defined as a legally binding act that binds the promising parties in Article 1313 of the Indonesian Civil Code. However, agreements are not always enforced, and defaults occur all the time; for example, PT. Bank Rakyat Indonesia (Persero) Tbk is fighting debtors who have not paid their bills. The causes of default, its impact on the parties, and the procedures required by law to resolve disputes are all discussed in this abstract. It is believed that a thorough understanding of default will help prevent similar incidents in the future and find fair and efficient solutions.

This study examines the debt restructuring process of PT Adhi Persada Properti through a Penundaan Kewajiban Pembayaran Utang (PKPU) proceeding. By employing a normative legal research method with a descriptive approach, this study analyzes the legal framework governing PKPU and its application in the case of PT Adhi Persada Properti. The findings reveal that the company's delay in submitting a peace plan and the lack of a clear restructuring strategy have raised concerns about the fairness of the process for creditors. The study highlights the importance of timely compliance with legal requirements in PKPU proceedings and the need for a balanced approach that protects the interests of both debtors and creditors.

Restructuring is a step in overcoming financing problems that arise because debtors experience difficulties in fulfilling their obligations, which is known as default. The government, through the Financial Services Authority, asks banking institutions to identify debtors and provide financing restructuring policies with the aim of providing relief to the public, especially debtors, in financing payments. This research aims to find out how restructuring is implemented as an effort to manage problematic financing at KB Bank Syariah KC Surabaya. The research method used is a descriptive qualitative approach in the nature of library research, namely by using books and literature related to this research. The results of this research are that implementing restructuring of problematic financing in banks will benefit in the form of reducing Non-Performing Finance (NPF), which will ultimately have a positive impact on the overall health of the bank. Apart from that, from an economic perspective, the Bank will receive installment payments from debtors in accordance with the restructuring agreement that has been agreed between the bank and the debtor. The success of implementing financing restructuring depends on the intention and willingness of both parties, namely the debtor and financing, to work together in resolving financing problems that arise.  

This research aims to determine the influence of Financial Performance Analysis on Credit Granting Decisions at Bank Mandiri KCP Belawan. This research uses a qualitative descriptive research method. Data collection techniques through observation, interviews and documentation. The results of this research are that the factors that can make a credit application accepted by the bank are (1) the debtor already has an official business license and NPWP, (2) the debtor must have 50% capital before applying for credit and the business is managed directly by the debtor himself. , (3) The debtor must be cooperative and open when asked about his efforts to arrange credit, (4) The debtor has never had a history of arrears in payments. (5) The debtor has never been involved in legal problems, (6) The value of the collateral provided by the debtor must be in accordance with the market price when applying for credit, (7) The established business has been running for approximately 1 year, (8) The business location is convenient accessible to local residents. If a business has no debt (current debt = 0), neither the current ratio nor the quick ratio can be calculated in the usual way and is considered undefined or infinite, then this shows that the business has a very strong liquidity condition because there are no liabilities. short term needs to be met.

. Regulation of Law no. 4 of 2023 concerning Development and Strengthening of the Financial Sector is used as a regulatory for banks in general in carrying out write-offs and write-offs, especially for MSE debtors. Seeing that post-Covid-19 conditions have made the business of MSE debtors even worse, banks have attempted to restructure credit affected by Covid-19 to reduce the bank's NPL ratio as a reference for the bank's health. However, when the reconstruction is not successful, the bank can carry out a conditional write-off and absolute write-off program as a solution to bad credit. In carrying out write-offs, the Bank writes off the total value of productive assets that cannot be collected from the balance sheet and recorded in the administrative account/off balance sheet. The act of write-off does not eliminate the bank's right to collect from its debtors, but the bank will continue to try to collect from its debtors until the credit the bank has provided can be paid in full. The aim of this research is to complete the settlement of bad debts through conditional write-offs and absolute write-off for the PPSK Law. This type of research uses normative juridical research. The types of data used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques using literature studies and field studies. The results of this research are that there are no provisions that regulate in detail the procedures for writing off and writing off bad debts for banks. This is addressed through each bank's internal policy which regulates procedures for write-offs and write-offs for MSE debtors.