IMPLICATIONS OF WAIVING GUARANTOR'S PRIVILEGE IN JOINT SUSPENSION OF DEBT PAYMENT OBLIGATION FILING WITH PRINCIPAL DEBTOR (A STUDY OF THE DECISION OF THE COMMERCIAL COURT AT THE CENTRAL JAKARTA DISTRICT COURT NUMBER 217/PDT.SUS-PKPU/2023/PN NIAGA JKT.PST.)

Nadhif Gilang Bhaswara, . (2025) IMPLICATIONS OF WAIVING GUARANTOR'S PRIVILEGE IN JOINT SUSPENSION OF DEBT PAYMENT OBLIGATION FILING WITH PRINCIPAL DEBTOR (A STUDY OF THE DECISION OF THE COMMERCIAL COURT AT THE CENTRAL JAKARTA DISTRICT COURT NUMBER 217/PDT.SUS-PKPU/2023/PN NIAGA JKT.PST.). Syiah Kuala Law Journal, 9 (1). pp. 239-255. ISSN 2580-9059

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Official URL: https://jurnal.usk.ac.id/SKLJ/article/view/43784

Abstract

This study explores the legal implications of waiving privileged rights by guarantors in the context of Suspension of Debt Payment Obligations filed jointly with the principal debtor. Under Article 254 of Law No. 37 of 2004 on Bankruptcy Law, Suspension Of Debt Payment Obligations does not apply to guarantors. However, in practice, guarantors can be subjected to the Suspension Of Debt Payment Obligations process if they have waived their privileged rights as outlined in the Indonesian Civil Code. The study examines Jakarta Commercial Court Decision No. 217/Pdt.SusPKPU/2023/PN Niaga Jkt.Pst., where such a waiver resulted in the guarantor's obligations shifting from being accessory to resembling those of the principal debtor. The findings reveal that waiving privileged rights establishes joint and several liabilities between the guarantor and the principal debtor, enabling creditors to demand direct repayment from the guarantor. This highlights the principle of freedom of contract, which allows parties to structure agreements that influence legal relationships and provides creditors with greater flexibility while ensuring legal certainty. In conclusion, while the Bankruptcy Law imposes formal limitations on involving guarantors in Suspension Of Debt Payment Obligations proceedings, the waiver of privileged rights offers a legal foundation for their inclusion. This approach enhances creditor protection and balances the legal interests of creditors, principal debtors, and guarantors within the Suspension Of Debt Payment Obligations framework.

Item Type:	Article
Additional Information:	[No. Panggil : 2110611171] [Pembimbing : Wardani Rizkianti] [Penguji 1 : Ali Hanafiah Selian] [Penguji 2 : Taupiqqurahman]
Uncontrolled Keywords:	Suspension of Debt Payment Obligations, Guarantor, Waiver of Privileged Rights, Freedom of Contract,Legal Implications
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	NADHIF GILANG BHASWARA
Date Deposited:	05 Feb 2025 10:47
Last Modified:	19 Feb 2025 02:07
URI:	http://repository.upnvj.ac.id/id/eprint/35958

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