Stigma negatif perkara kepailitan di Indonesia dan upaya penanggulangannya dalam mewujudkan kepastian berusaha di Indonesia

Rifai, Anis (2022) Stigma negatif perkara kepailitan di Indonesia dan upaya penanggulangannya dalam mewujudkan kepastian berusaha di Indonesia. Jurnal Bedah Hukum, 6 (1). pp. 1-21. ISSN 2686-5327

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Abstract

With the Covid-19 pandemic, every company is trying to avoid the bankruptcy legal process. This reflects the company's lack of readiness to understand bankruptcy. For example, understanding the consequences of declaring bankruptcy of a company is still considered as one way to write off the company's debts, so the decision is not accompanied by an understanding that filing for bankruptcy is a serious step, and will not necessarily erase the company's debts. Thus, there is still a lot of negative stigma that arises in the community, especially business actors. For this reason, an effort must be made to remove the negative stigma of bankruptcy cases in order to create legal certainty in doing business in Indonesia. The research method used is normative juridical, namely by conducting research on library materials, both primary legal materials and secondary legal materials. From the study conducted, it is known that the Negative Stigma of Bankruptcy Cases in Indonesia occurs because the procedures regulated in the provisions of laws and regulations are still considered to be long and long-winded. Due to the negative public perception of the judiciary, the public feels that there is no effective means that creditors can use to protect their interests, especially so that naughty debtors can pay off their obligations, if necessary by legal coercion through the courts. Efforts to Overcome the Negative Stigma of Bankruptcy Cases in Indonesia One of the ways to do this is by organizing socialization activities on the Law on Bankruptcy and Suspension of Debt Payment Obligations (SDPO) and increasing publications on bankruptcy and SDPO, strengthening partnerships between professional organizations of curators and administrators, and make it easier for business actors to obtain information about bankruptcy and SDPO.

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