RESTRUKRIASI HUTANG SEBAGAI APLIKASI PENCEGAHAN KEBANGKRUTAN PADA PERUSAHAAN TERBATAS

Abstract

This study aims to analyze the causes of corporate debt restructuring that are not explicitly regulated under Law Number 37 of 2004, as well as to examine the legal remedies available to limited liability companies when debt restructuring fails. This research employs a normative legal approach by examining relevant primary and secondary legal materials, supported by curatorial interviews with advocates as resource persons. Data analysis is conducted qualitatively, and conclusions are drawn using a deductive method. The findings indicate that Law Number 37 of 2004 does not regulate corporate debt restructuring in accordance with the principle of freedom of contract under general civil law. As a result, even debtors acting in good faith and possessing assets exceeding their liabilities remain in a weak position, as they are unable to obtain leniency from creditors. Settlement agreements tend to economically benefit creditors, while debtors are compelled to accept unfavorable terms without alternative options and are left without further legal remedies outside the bankruptcy framework