Settlement of Losses by The Management in The Process of Delaying Debt Payment Obligations for The Debtor's Inability to Pay

Abstract

This research talks about settlement of losses by the management in the process of delaying debt payment obligations for the debtor's inability to pay. This type of research is normative legal research. The approach in this study uses the statutory approach method. The results show, first, Article 1365 of the Civil Code regulates that if the management's actions harm the debtor's assets, the debtor can demand responsibility and compensation for the loss. The initial dispute resolution process can be carried out through internal PKPU mediation, involving supervisoryjudges, administrators and debtors. Second, in the process of resolving debts and receivables, not always all parties can accept the results of the settlement, and this can trigger legal action. Legal action aims to reach a decision that is considered fair by the parties involved. The administrators should be more careful in managing the debtor's assets during the PKPU process. Article 234 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations should be clarified regarding what responsibilities can be held by the management, how the accountability process is and how far the management can be held responsible for their actions that result in harm to the debtor's assets.