The Status of Debtor and Creditor in the Process of Deferment of Debt Payment Obligation (DDPO) in the Perspective of Debt Agreement and Bankruptcy Law in Indonesia

Abstract

Deferment of Debt Payment Obligations or DDPO aims to enable debtors to submit a peace plan which includes offers of payment of part or all of the debt to their creditors. This research is focused on knowing the status of the debtor and creditor in the debt agreement in the DDPO process and in the case of bankruptcy, based on Law Number 4 Year 1998. The role of creditors and debtors as the main actors in DDPO is demanded to show fairness, transparency, and get the same treatment. Debt settlement through DDPO remains important on the basis of the reason for postponing the Obligation of Fixed Debt Payment to be used, so that the Debtor will not fall to bankruptcy and his business can rise again. The method used in this study is normative legal research using five approach methods, i.e. historical approach, legislative approach, conceptual approach, comparative approach, and case approach. The used analysis technique was grammatical interpretation or interpretation according to language, and Comparative Interpretation (interpretation by comparing the search for clarity regarding a law, which in this case is Law No. 37 Year 2004 concerning Bankruptcy and DDPO).This study concludes that the Debtor can still sell or transfer the debt assets freely, except that the assets are burdened with liability, while in the bonding of bankrupt debt, the Debtor loses that right. Authority on the management of the assets is under the authority of the curator appointed by the judicial decision, which also in Supervision of the supervisory judge, until the settlement of the bankrupt assets (boedel) settlement is complete. Whereas the Creditors' position remains in accordance with its position, meaning that there are Separatist Creditors, Preferent Creditors, and Concurrent Creditors.

Keywords: DDPO, Debtor, Creditor, Bankruptcy, Assets.