PERLINDUNGAN HUKUM TERHADAP PEMEGANG OBLIGASI DALAM PAILITNYA SUATU PERUSAHAAN PENERBIT OBLIGASI
ABSTRACT: A corporation
issuing an obligation in generally is requiring a fresh fund in highly
quantity, some cases such corporation shall find difficulties to have one
single creditor to provide the fund as required. As alternative in solving the
problem, urged to issue some sheet obligations. Referring in issuing an
obligation, the issuer of such obligation may got bankcruption at any time. In
correlating with it, such bearer of obligation need legal protection against
the obligations that one owned. In this situation, the bearer of obligation is
allowable commit legal action if the bearer of the obligation get no any legal
protection upon the obligations as posses.
In connecting with the cases as mentioned aforesaid, it is necessary to
provide a specific formulation that has been taken as follow : how it legal
correlation that may emerge in connecting with issuing obligation, how is
bankrupt for any corporation may take place, how is legal protection given on
the holder of obligation while taking place a bankrupt for a corporation
issuing an obligation.
This study adopted a normative law method, in reality it is recognized a library research. Still,
in a study with normative legal provided in process all the data secondary and
then use as necessary.
This study with result showed clearly that the correlation of law base
between the issuer of obligation (emitter) and investor as holder of obligation
is a legal connection in debts and credit emerging in the agreement. A
bankrupted of corporation issuing
obligation is equally with a corporation in bankrupted as generally, the
bankrupted itself is allowable to submit if it has fulfilled the requirements
in bankrupted as mentioned in the Article 2 point (1) UUK and PKPU. A legal protection on the holder of
obligation while taking place bankrupted corporation issuing the obligation is
certainly a legal protection that should be provided to the creditor concurrent
with the protection as provided to the holder of obligation in such case is
known minim, in generally it is assumed not conforming with the credit owned by
the holder of obligation on the corporation as issuer for such obligation.
Penulis: Syalom Rista Ginting
Kode Jurnal: jphukumdd140003
