Analysis Legal Certainty of the Use of Article 254 Bill No. 37 Year 2004 Court Case Study (Number: Nomor 141/Pdt.Sus-PKPU/2020/PN.Niaga Jkt.Pst)

DOI

10.2991/assehr.k.220404.116How to use a DOI?

Keywords

Guarantor; Certainty Law; Postponement in debt repayment obligations

Abstract

In this era of globalization more people are making debt loans. To guarantee the payment the Creditor will ask for an additional guarantee that is individual. Not a few debtors have failed or neglected to pay the repayment of their debts. As a result, many debtors are requested in the Application for Suspension of Debt Repayment Obligations. But in this case, not only the Debtor is requested, but there is also a Guarantor as the legal subject in the application. Regarding this matter is stipulated in article 254 of Law No. 37 Year 2004 which states the Application for Suspension of Debt Payment Obligation is not for Guarantors. But some experts say the Article does not regulate so. Thus, giving rise to the interpretation of this Article. This Article is also often overlooked. So, there is no legal certainty about this matter.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Reny Agustini
AU  - Ariawan Ariawan
PY  - 2022
DA  - 2022/04/21
TI  - Analysis Legal Certainty of the Use of Article 254 Bill No. 37 Year 2004 Court Case Study (Number: Nomor 141/Pdt.Sus-PKPU/2020/PN.Niaga Jkt.Pst)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 740
EP  - 744
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.116
DO  - 10.2991/assehr.k.220404.116
ID  - Agustini2022
ER  -