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LEGAL STATUS OF INDIVIDUAL BANKRUPT DEBTORS AFTER TERMINATION OF BANKRUPTCY AND REHABILITATION UNDER INDONESIAN BANKRUPTCY LAW
Indonesia Law Review ( IF 0.1 ) Pub Date : 2017-04-30 , DOI: 10.15742/ilrev.v7n1.289
Sonnyendah Retnaningsih 1 , Isis Ikwansyah 2
Affiliation  

The Indonesian bankruptcy law system adheres to the debt collective principle which is general seizure ( sita umum ) of the debtor’s property as guarantee for the payment of debt through the bankruptcy institution. The principle of debt collective stresses that the debtor’s debt shall be paid immediately from the property owned by the debtor. Based on such principle, bankruptcy serves as a means of coercion to materialize the creditors’ rights through liquidation of the debtor’s assets. Bankruptcy law in Indonesia does not recognize the principle of debt forgiveness, among others, the implementation of debt relief granted to the debtor to pay off debts that are truly incapable of being fulfilled. According to the Bankruptcy Law, after the completion of the bankruptcy process, the debtor is no longer in a state of bankruptcy, because the end of bankruptcy has revoked the status of insolvent debtors, hence debtors are considered as being competent to take care of their property. However, the termination of bankruptcy does not necessarily absolve the debtor from the remainder of the debt; creditors are entitled to collect it and debtors are obligated to pay it off. Upon the completion of the bankruptcy process, debtors or their heirs may apply for rehabilitation. However, rehabilitation is only to be granted if all creditors state that they have obtained payment in a satisfactory manner, meaning that recognized creditors will not file claims against the debtor concerned again even though they may not have received payment on all of their outstanding receivables. Request for rehabilitation can only be granted if the debtor has completed the entire scheme of bankruptcy and creditors were satisfied with the payment.

中文翻译:

根据印度尼西亚破产法,破产和重整后个人破产债务人的法律地位

印度尼西亚破产法体系坚持债务集体原则,即一般扣押(sita umum)债务人的财产,作为通过破产机构偿还债务的担保。债务集体原则强调债务人的债务应当以债务人所有的财产立即清偿。基于此原则,破产是一种强制手段,通过清算债务人的资产来实现债权。印度尼西亚的破产法不承认债务免除的原则,其中包括对债务人实施债务减免以偿还真正无法履行的债务。根据《破产法》规定,破产程序完成后,债务人不再处于破产状态,由于破产的终结已经取消了无力偿债的债务人的地位,因此债务人被认为有能力照顾自己的财产。但是,破产的终止并不一定免除债务人的剩余债务;债权人有权收取,债务人有义务清偿。破产程序完成后,债务人或其继承人可以申请重整。然而,只有当所有债权人都表示他们已以令人满意的方式获得付款时,才会批准恢复,这意味着已获认可的债权人不会再次向有关债务人提出索赔,即使他们可能没有收到所有未偿还的应收账款的付款。
更新日期:2017-04-30
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