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Journal articles on the topic 'Debt obligations'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Johan, Suwinto. "Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 3 (2021): 207–20. http://dx.doi.org/10.25041/fiatjustisia.v15no3.1956.

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Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is diff

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2

Johan, Suwinto. "Material Adverse Change: An Alternative Solution to Suspension of the Debt Payment." Humaniora 11, no. 3 (2020): 211–18. http://dx.doi.org/10.21512/humaniora.v11i3.6606.

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The research aimed to provide alternative solutions with Material Adverse Change (MAC) before reaching the suspension of the debt payment obligation stage. The pandemic situation had caused many companies to experience difficulties in fulfilling their obligations, including payment obligations or debts to suppliers and creditors. If there were circumstances where the company could not fulfill its obligations, then the creditor would be able to collect through debt-restructuring to bankruptcy. The restructuring was carried out through the suspension of the debt payment obligation (Penundaan Kew

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3

Aprita, Serlika, Amanda Mutia Carissa, Andini Yulia Putri, and Sabrina Sabrina. "PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG." Solusi 21, no. 1 (2023): 1–16. http://dx.doi.org/10.36546/solusi.v21i1.715.

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  The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach b

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4

Pratama, Nandi, and Mohamad Fajri Mekka Putra. "Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor." Kosmik Hukum 23, no. 1 (2023): 14. http://dx.doi.org/10.30595/kosmikhukum.v23i1.16969.

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The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Su

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5

Alidousti, Naser, Ebrahim Taghizadeh, Mehdi Ashouri, and Ali Khosravi Farsani. "Comparing Subject of Assignment of Contract with Similar Concepts of Other Countries' Domestic Laws and International Documents." Journal of Politics and Law 9, no. 2 (2016): 173. http://dx.doi.org/10.5539/jpl.v9n2p173.

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<p>In concluding a contract, the thing being concluded and assigned is a contract which is a credit existence considered as object of assignment. However in assigning liabilities and debts, the thing being assigned is a debt, which is called debt for the debtor and right for the creditor, whether this liability or debt is due to a contract or due to a crime or civil liability and tortious liability. In novation, what is important is fall of the previous obligation and establishment of the new one. Hence in novation you cannot only rely on assigning obligation with the previous status, si

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6

Fatih Fauzan Zulfa Robbi and Rizal Rustam. "EKSEKUSI JAMINAN BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Juris 6, no. 2 (2022): 265–71. http://dx.doi.org/10.56301/juris.v6i2.589.

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The background of this research is that the imposition of a postponement of debt payment obligations makes it easier for debtors to continue paying their debts and there are also legal consequences of delaying debt payment obligations. The purpose of this study is to understand the implementation of suspension of debt payment obligations and the legal consequences of confiscation status and execution of guarantees based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Payment of Debt Obligations. This study uses a normative method by analyzing problems with laws and related lit

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7

Budiono, Doni. "Analisis Pengaturan Hukum Acara Kepailitan dan Penundaan Kewajiban Pembayaran Utang." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (2019): 109. http://dx.doi.org/10.36913/jhaper.v4i2.81.

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In carrying out its business, businessmen often establish a debt agreement. Debt agreements are a common thing between creditors and debtors. However, at times, it may cause a dispute between debtors who are negligent and unable to pay their debts to creditors. One of the eﬀ orts to overcome the unpaid debt is through Bankruptcy and Postponement of Debt Payment Obligations petitioned by the debtors or the creditors. Bankruptcy is the general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the Curator under the supervision of the Supervisory Judg

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8

Ramadhania, Liza Mashita. "A Dualistic Concept of Personal Guarantee Responsibility and Its Relevancy with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligation A Dualism Of Personal Guarantee Responsibility In Indonesia Bankruptcy Law." LEGAL BRIEF 12, no. 1 (2023): 22–35. http://dx.doi.org/10.35335/legal.v12i1.751.

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Indonesia's legal system recognizes the concept of personal guarantee, which is a promise or guarantee of an individual as a third party to fulfil the debtor's obligations. The concept of guarantee in Indonesia regulates the roles and responsibilities of personal guarantees if the debtor cannot pay his debts. However, the problem is a dualism in theory or approach to personal guarantee responsibility, especially in carrying out debt collection in the debt settlement process in Bankruptcy and Suspension of Debt Payment Obligations ("PKPU"). This dualism exists in the approach to justify actions

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9

Sopian, Singgih, Muhamad Abas, and Adyan Lubis. "JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST." Awang Long Law Review 6, no. 2 (2024): 514–20. http://dx.doi.org/10.56301/awl.v6i2.1195.

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Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's

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10

Mulyanta Sembiring, Dedek, Ariman Sitompul, Rilawadi Sahputra, and Syariful Azmi. "Bankruptcy Verdict as a Legal Result of the Rejection of the Peace Plan Proposal by Creditors in the Process of Postponing Debt Repayment Obligations (PKPU)." International Asia Of Law and Money Laundering (IAML) 3, no. 4 (2025): 226–31. https://doi.org/10.59712/iaml.v3i4.111.

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The process of postponing the debt payment obligation (PKPU) lasts for 270 (two hundred and seventy) days starting from the reading of the PKPU decision. Within 270 days the debtor must prepare a peace plan in the form of a peace proposal that will be offered to the creditors to repay its debts. The peace plan or often referred to as the peace Proposal plan is not clearly regulated and detailed in Law Number 37 of 2007 on bankruptcy and delay and debt repayment obligations. The peace plan is one of the debtor's efforts to make payments on debts that have been registered by creditors, verified

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11

Savelyeva, Maria V. "Demarcation of the Liability of Spouses Under Common Obligations in Marital Property Division." Family and housing law 1 (January 14, 2021): 23–26. http://dx.doi.org/10.18572/1999-477x-2021-1-23-26.

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The availability of consumer credit has led to the spread of debt obligations in modern Russia. Most families during marriage manage to acquire not only assets in the form of property rights, but also liabilities in the form of debt obligations. The issue of the legal regime of such debts during marriage has been resolved by the legislator, but the fate of the spouses’ common obligations in the event of a judicial division of property remains unresolved. The article discusses the emerging approaches to the regulation of common debt obligations in the case of the division of common property of

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12

Ivlev, V. A. "Problem Debt: Concept, Classification and Regulation." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 9 (2024): 203–11. http://dx.doi.org/10.17803/2311-5998.2024.121.9.203-211.

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The article is devoted to the analysis of the concept and legal regulation of problem debts arising as a result of improper fulfillment of obligations by clients of credit institutions. In the process of analysing the types of problem debts, special attention is paid to the correlation of problem and overdue debts. Any overdue debt should be as problematic. Other debts may also be recognised as problematic if there are significant risks of default. The author comes to the conclusion that the issues of qualification of problem debts are within the competence of credit organisations. Government

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13

Bozhko, Alisa S., and Viktoria A. Usanova. "Division of Debt Obligations Arising as a Result of Joint Business Activities of Spouses." Family and housing law 1 (January 18, 2024): 2–5. http://dx.doi.org/10.18572/1999-477x-2024-1-2-5.

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The article outlines certain aspects of the application of the rules of family law on the division of debt obligations arising in connection with the implementation of joint entrepreneurial activity by spouses. On the basis of interpretation of general provisions of private law the position on the possibility of attributing debts arising from entrepreneurial activities to the joint property of spouses in their division is substantiated. A number of problems complicating the equal and proportional participation of spouses in joint business, the distribution of debt obligations (proof of bad fai

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14

Dragosavac, Milos. "Collateralized debt obligations (CDOs)." Skola biznisa, no. 3 (2012): 29–37. http://dx.doi.org/10.5937/skolbiz1203029d.

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15

Kurniati, Kurniati. "PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG UNTUK MENGHINDARI KEPAILITAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda 27, no. 4 (2021): 264–75. http://dx.doi.org/10.46839/disiplin.v27i4.73.

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Abstrak Penundaan Kewajiban Pembayaran Utang di Indonesia diatur dalam Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU sebagaimana diatur dalam Bab III yang terdiri dari dua bagian, yakni : Bagian Kesatu tentang Kewajiban Pembayaran Utang dan Akibatnya (Pasal 222-Pasal 264) dan Bagian Kedua : tentang Perdamaian (Pasal 265-Pasal 294). Yang menjadi permasalahan dalam skripsi ini adalah. Bagaimanakah prosedur permohonan penundaan kewajiban pembayaran utang untuk menghindari kepailitan menurut Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayar

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16

Shchepot’ev, A. V. "Economically Reasonable Interest Rate on Debt Obligation sin the Course of Economic Activity." Finance: Theory and Practice 28, no. 4 (2024): 193–202. http://dx.doi.org/10.26794/2587-5671-2024-28-4-193-202.

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This paper is devoted to the issues of determining the upper and lower limits of an economically reasonable interest rate on debt obligations. The purpose of the study is to determine the boundaries of an economically reasonable interest rate on debt obligations, taking into account the main conditions of the loan relations: security, urgency, frequency of payments, availability (absence) measures of state support, etc. In the course of the study, such methods as content analysis of sources, regulatory regulation, and market analysis were used. The study is based on the analysis of the norms o

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17

Zhylinskyi, Andriy I. "Ukrainian Realities of Sovereign Debt Restructuring through the Lens of Historical Retrospect." Business Inform 7, no. 558 (2024): 371–78. http://dx.doi.org/10.32983/2222-4459-2024-7-371-378.

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Geopolitical challenges and socioeconomic upheavals, which intensified as a result of the armed military aggression unleashed by the russian federation, significantly complicated the process of forming the revenue part of the State budget and caused a significant increase in public expenditures, which led to a budget deficit and the inability of Ukraine to service its sovereign debt obligations in the form of Eurobonds. Therefore, there was a need to restructure sovereign debt obligations. The problem statement of the article includes determining the prerequisites and evaluating the prospects

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18

Ahn, Hyun-Soo, Derek D. Wang, and Owen Q. Wu. "Asset Selling Under Debt Obligations." Operations Research 69, no. 4 (2021): 1305–23. http://dx.doi.org/10.1287/opre.2019.1961.

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We extend the classical asset-selling problem to include debt repayment obligation, selling capacity constraint, and Markov price evolution. Specifically, we consider the problem of selling a divisible asset that is acquired through debt financing. The amount of asset that can be sold per period may be limited by physical constraints. The seller uses part of the sales revenue to repay the debt. If unable to pay off the debt, the seller must go bankrupt and liquidate the remaining asset. Our analysis reveals that in the presence of debt, the optimal asset-selling policy must take into account t

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19

Alekhin, B. I. "Government Debt of Russia and the United States in the XXI century." Mezhdunarodnaja jekonomika (The World Economics), no. 3 (March 18, 2024): 184–96. http://dx.doi.org/10.33920/vne-04-2403-03.

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This article has three parts. In the first part government debt is analyzed as the stock of government financial obligations in Russia and the USA. Obligations denominated in foreign currencies and direct credits are left behind because they are practically non-existent in US government financial transactions. Also excluded from the analysis are debts incurred by stateowned corporations, which are part of the corporate sector of the System of National Accounts. In the second part government debt is analyzed as a result of financial flows (borrowings) which show how debt changes over time. In b

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20

KOSOVA, Tetiana, Anton KURHANSKYI, and Oleksandr KUTSEV. "Restructuring as a form of settlement of problematic credit debt of banking institutions." Economics. Finances. Law 8, no. - (2023): 50–53. http://dx.doi.org/10.37634/efp.2023.8.12.

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Definitions of credit debt restructuring of banking institutions provided in several legal acts are summarized. They are reduced to changing the essential conditions of the current credit agreement to soften the requirements for the borrower in connection with his financial difficulties, the need to create favorable conditions for him to fulfill his credit obligations. The objects of restructuring under the credit agreement are: interest rate; forgiveness of part of the debt; his debt repayment schedule; terms and amounts of repayment of the main part of the loan, fees, etc. Restructuring of t

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21

Putri, Lisa Balqis Mega, and Mas Anienda Tien F. "Juridic Analysis Of Revocation Of Homology For Delaying Debt Payment Obligations (Case Study between PT. X and PT. Y)." LIGAHUKUM 2, no. 1 (2021): 01–10. http://dx.doi.org/10.33005/ligahukum.v2i1.51.

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In the business world, of course, can experience ups and downs in corporate earnings. Not always the company always gets a profit, but there are times when the company suffers losses that ultimately have an impact on the velocity of money in the company. This triggers debts that must be done by the company in order to continue to run the company properly. Borrowing funds or money made by a company can be through a bank or a fellow company. If there is an agreement from the two companies, the debt-receivable transaction can run properly. There are times when companies that become debtors again

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22

Abdul, Hamid, Sakti Muthia, and Winanti Atik. "Legal Certainty on the Role of Investors as White Knight in the Process of Suspension of Debt Payment Obligations." International Journal of Social Science and Human Research 08, no. 05 (2025): 2658–63. https://doi.org/10.5281/zenodo.15347752.

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The objective of this research is to analyze the legal certainty concerning the role of investors as white knights in the Suspension of Debt Payment Obligations process in Indonesia and to identify the role of such investors in rescuing companies facing financial distress under the Suspension of Debt Payment Obligations scheme. Suspension of Debt Payment Obligations serves as a legal mechanism that allows debtors the opportunity to restructure their debts. In practice, the involvement of white knight investors has emerged as a viable solution to prevent bankruptcy by providing additional capit

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23

Prince, Jeffrey T. "Investing in Collateralized Debt Obligations." CFA Institute Conference Proceedings 2005, no. 1 (2005): 52–61. http://dx.doi.org/10.2469/cp.v2005.n1.3456.

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24

Forrester, J. Paul. "Project Finance Collateralized Debt Obligations." Journal of Structured Finance 8, no. 3 (2002): 37–41. http://dx.doi.org/10.3905/jsf.2002.320286.

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25

Forrester, J. Paul. "Insurance Risk Collateralized Debt Obligations." Journal of Structured Finance 14, no. 1 (2008): 28–32. http://dx.doi.org/10.3905/jsf.2008.706230.

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26

Arifah, Risma Nur, and Arman Safril Adam. "Legal Protection of Concurrent Creditors for The Debts That are not Guaranteed by Property Rights According to Bankruptcy Law and Islamic Law." AT-TURAS: Jurnal Studi Keislaman 9, no. 1 (2022): 1–19. http://dx.doi.org/10.33650/at-turas.v9i1.3398.

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Bankruptcy is a condition where the debtor is unable to fulfill his obligations to pay debts to creditors. Revision of Law Number 4 of 1998 became Law Number. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations explains that concurrent creditors are creditors who do not hold collateral and who do not have special rights and whose claims are not recognized or recognized conditionally, of course, this causes the position of concurrent creditors to be very vulnerable to getting their rights back on the debt of the bankrupt debtor. This research is normative research using

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27

Gallen, James. "Odious Debt and Jus Post Bellum." Journal of World Investment & Trade 16, no. 4 (2015): 666–94. http://dx.doi.org/10.1163/22119000-01604005.

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Odious debt concerns the repudiation and cancellation of debt accrued by a State for ‘odious’ purposes. This article argues that odious debt can play a role in jus post bellum in lessening the financial burden placed on States who experience conflict and generate a clear standard for investors who seek to enforce a State’s obligations to repay its debts and other financial obligations after conflict. This article highlights several challenges inhibiting the translation of the proposal of odious debt into an international legal principle. It offers a conception of odious debt that seeks to reso

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28

Orlov, Sergey, and Roman Reutov. "Methodological tools for assessing the level of indebtedness of the population of the Russian Federation." Obshchestvo i ekonomika, no. 5 (July 30, 2024): 27–44. http://dx.doi.org/10.31857/s0207367624050034.

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The article examines the phenomenon of indebtedness of the Russian population, which is currently considered in two aspects: as an indicator of the debt burden, characterizing the ratio of all incomes and all obligations (debts) of citizens, and as an indicator of the “excessive” credit burden of the country’s population, when the volume of obligations of individuals under credit agreements and loans exceeds their financial capabilities. In the study, the authors, based on statistical data, identifies certain relationships between indicators of excessive debt burden and those of economic growt

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29

Nikolova-Marković, Aleksandra, and Nikola Mitić. "Instruments for ensuring payments within the deadlines in the law on obligations." Megatrend revija 18, no. 3 (2021): 245–54. http://dx.doi.org/10.5937/megrev2103245n.

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In this scientific paper, an analysis of the instruments for ensuring payments within the given deadlines in commercial transactions provided in the Law on Obligations has been performed. During the research and development of the scientific paper, the methods of analysis and the inductive-deductive method were used. Debt arrears as a legal institute is known as far back as Roman law. The Law on Obligations precisely defined the debt arrears. Pursuant to the provisions of the Law on Obligations, the debtor is late when he does not fulfill the obligation within the deadline set for fulfillment.

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30

Gultom, Xander Gorga. "Menyoal Legal Standing Permohonan Penundaan Kewajiban Pembayaran Utang oleh Pemegang Polis Asuransi." Al-Adalah: Jurnal Hukum dan Politik Islam 8, no. 1 (2023): 80–96. http://dx.doi.org/10.30863/ajmpi.v8i1.3813.

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In Indonesia, the postponement of debt payment obligations (PKPU) is a certain period of time granted by law through a commercial court decision. It gives both parties opportunity to deliberate on ways of paying their debts by providing a payment plan for all or part of the debt, including to restructure the debt. The purposes of this study is to find out the arrangement of pospotnment of debt payment obligations in Indonesia and the legal standing of a policy holder in applying suspension of debt payment obligations. This study is a normative research type and use Statute Approach, Conseptual

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31

Nikiforov, Denis. "The Issue of Serbia’s Repayment of Debt to Russia on the Loan of 1876 (Based on Russian Diplomatic Documents)." Slavic World in the Third Millennium 19, no. 3-4 (2024): 28–45. https://doi.org/10.31168/2412-6446.2024.19.3-4.02.

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The article analyses Serbia’s actions regarding the repayment of its debt to Russia under the Loan Agreement of 1876. The author examines all stages of Russian-Serbian relations concerning the repayment of this debt, as well as the circumstances that impacted the postponement of payment deadlines. In 1876, during the Serbian-Turkish War, Serbia entered into a loan agreement with three Russian banks. By 1890, Serbia’s main debt obligations to Russia included debts from the loans of 1867, 1876, and a credit agreement from 1890. The question of debt repayment was connected to the improvement of R

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32

Jaggar, Alison M. "A Feminist Critique of the Alleged Southern Debt." Hypatia 17, no. 4 (2002): 119–42. http://dx.doi.org/10.1111/j.1527-2001.2002.tb01076.x.

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Neoliberal globalization has deepened the impoverishment and marginalization of many women. This system is maintained by the debt supposedly owed by many poor nations in the global South to a few rich nations in the global North, because the obligation to service the debt traps the people of the South within an economic order that severely disadvantages them. I offer several reasons for thinking that many of these alleged debt obligations are not morally binding, especially on Southern women.

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Yitawati, Krista, Adi Sulistiyono, and Pujiyono Pujiyono. "Reconstructing the Debt Restructuring Mechanism in the Indonesian Law on Bankruptcy and Suspension of Debt Payment Obligations." Financial Engineering 1 (June 1, 2023): 88–95. http://dx.doi.org/10.37394/232032.2023.1.8.

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The purpose of the Suspension of Debt Payment Obligations (SDPO) is to prevent a debtor who is in trouble for whatever reason, lacks money, or finds it difficult to obtain credit, from being declared bankrupt. The current Indonesian Bankruptcy Law lacks a debt restructuring mechanism. There need to be improvements to ensure quality, transparency of objectivity and implementation mechanisms, honesty and legal certainty. This study aims to reconstruct the debt restructuring mechanism through the SDPO in the Indonesian Bankruptcy Law to provide legal certainty and benefit for all parties. This re

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34

Candra, Hardianto, and Benny Djaja. "ANALYSIS OF ARTICLE 6 OF LAW NUMBER 4 YEAR 1996 CONCERNING MORTGAGE RIGHTS AND ARTICLE 1400 OF THE INDONESIAN CIVIL CODE ON SUBROGATION." International Journal of Application on Social Science and Humanities 1, no. 1 (2023): 1096–105. http://dx.doi.org/10.24912/ijassh.v1i1.25718.

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The problem of guaranteeing mortgage rights on the debtor's property will not actually occur if the debtor fulfills the obligations as stated in the principal credit agreement. However, it often happens that debtors cannot fulfill their obligations as agreed. Article 20 paragraph 1 of the Law Number 4 Year 1996 on Mortgage Rights has stipulated the protection for creditors by giving the authority to execute the collateral provided by the debtor once a state of default is established. The research results show that in the event where the debtor is in default, subrogation can be carried out, nam

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35

Christiani, Theresia Anita. "LEGAL ANALYSIS OF BANKRUPTCY IN THE PERSPECTIVE OF LEGAL PURPOSES." Jurnal Pembaharuan Hukum 8, no. 1 (2021): 73. http://dx.doi.org/10.26532/jph.v8i1.11562.

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Law Number 37 Of 2004 On Bankruptcy And Suspension Of Obligation For Payment Of Debts was formed to protect creditors and debtors. The purpose of Law is to realize the value of the benefit, justice, and legal certainty. This juridical fact shows that there are legal issues that deserve to be studied normatively. Based on the above background, the problem in this research is the right proposal concept. The application of articles 2 (1) and Article 8 (4) Bankruptcy And Suspension Of Debt Payment Obligations Law can achieve legal objectives. The results showed that the proposed concept to amend t

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36

Anisah, Lilies, and Eni Suarti. "Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi." Wajah Hukum 6, no. 2 (2022): 446. http://dx.doi.org/10.33087/wjh.v6i2.1082.

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The COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK &amp

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Kuznetsova, N. V. "CONTRACTUAL BASIS FOR TERMINATION OF CIVIL LEGAL OBLIGATIONS: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION." Bulletin of Udmurt University. Series Economics and Law 31, no. 6 (2021): 1054–58. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1054-1058.

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The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are consi

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Giesecke, Kay, and Baeho Kim. "Risk Analysis of Collateralized Debt Obligations." Operations Research 59, no. 1 (2011): 32–49. http://dx.doi.org/10.1287/opre.1100.0864.

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Kasseckert, Markus. "Werden die Notlagenschulden je zurückgezahlt?" Wirtschaftsdienst 104, no. 5 (2024): 318–22. http://dx.doi.org/10.2478/wd-2024-0087.

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Abstract This paper analyses Germany’s approach to repaying emergency debts. It explores legal frameworks, fiscal implications and challenges in debt management. Despite legal obligations, public discourse often misunderstands the details of repayment, raising concerns about fiscal sustainability. The paper calls for transparent and accountable debt management to ensure intergenerational fairness.

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KREMEN, Olha, Anastasiia KULSHA, and Viktoriia KREMEN. "Statistical analysis of the state debt of Ukraine in modern economic conditions." Economics. Finances. Law 12/2, no. - (2021): 41–46. http://dx.doi.org/10.37634/efp.2021.12(2).7.

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The public debt at the present stage is an objective economic phenomenon, a component of the financial system and a tool for implementing the economic strategy of the country, and its effective use can be a powerful factor in its economic growth. The paper is devoted to the study the economic essence, current state, structure and main trends of the total public debt of Ukraine. Essence of national debt, state-guaranteed debt, foreign and domestic debt and maintenance of relative amount and rate of debt are exposed. Under the type of debt obligation, public debt is divided into direct (uncondit

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Mazovka, E. N. "Recognition of Debt Obligations as Joint Obligations of Spouses: A Case Law Analysis." Actual Problems of Russian Law 15, no. 12 (2020): 82–89. http://dx.doi.org/10.17803/1994-1471.2020.121.12.082-089.

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The paper is devoted to the issues related to the recognition of a debt obligation issued in the name of one of the spouses during their marriage as a joint obligation of the spouses. The author’s study is based on the materials of the generalized case law showing the heterogeneity of the application of Para 2 of Art. 45 of the Family Code of the Russian Federation. The author critically analyzes the approaches developed by judicial practice when deciding the issue of recognition of the debt as joint. In particular, the author investigates acquisition at the expense of credit (borrowed) money

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MH., Mustafa. "AL-HÂJAT AL-AŞLIYYAH DAN HARTA TERBEBAS HUTANG SEBAGAI SYARAT WAJIB ZAKAT MÂL." AL-KHARAJ 1, no. 2 (2021): 142–50. http://dx.doi.org/10.30863/alkharaj.v1i2.1961.

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AbstractThis article discusses the problem of al-hâjat al-aşliyyah and debt-free assets as a condition of compulsory zakat, which was put forward by scholars in the Mazhab Hanafiyyah. The goal is to avoid mistakes in imposing material religious obligations, such as zakat. Because the obligation of zakat should not be imposed on the poor. The results of the discussion are: First, the Mazhab Hanafiyyah explains the purpose of al-hâjat al-aşliyyah (excess basic needs), namely the fulfillment of survival needs (primary needs) and not secondary needs. Lastly, debt dependents that can cancel zakat o

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Apriyanto, Hendra, and Desni Raspita. "APPLICATION OF THE PRINCIPLES OF JUSTICE TO PKPU APPLICATIONS BY DEBTORS AND BANKRUPTCY APPLICATIONS BY CREDITORS." JILPR Journal Indonesia Law and Policy Review 6, no. 1 (2024): 192–97. https://doi.org/10.56371/jirpl.v6i1.355.

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Bankruptcy law is seen as a solution to the problem of debts and receivables that burden debtors who no longer have the ability to pay their debts to their creditors. PKPU is a period provided by law through a commercial judge's decision, during which the parties, namely creditors and debtors, are given the opportunity to discuss and agree on how to make debt payments by providing a payment plan for all or part of the debt. Request for Postponement of Debt Payment Obligations (PKPU) is a mechanism in bankruptcy law that provides an opportunity for debtors who are experiencing debt payment diff

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Resmini, Wayan, Abdul Sakban, and Ni Putu Ade Resmayani. "PENYULUHAN TENTANG PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PERJANJIAN SEWA MENYEWA." SELAPARANG Jurnal Pengabdian Masyarakat Berkemajuan 3, no. 2 (2020): 176. http://dx.doi.org/10.31764/jpmb.v3i2.2198.

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ABSTRAKPemberian pinjaman oleh Kreditur kepada Debitur didasarkan pada asumsi bahwa Kreditur percaya bahwa Debitur dapat mengembalikan utang tepat pada waktunya. Pelunasan utang oleh Debitur kepada Kreditur tidak selalu dapat berjalan dengan lancar ada kalanya Debitur tidak membayar utangnya kepada Kreditur walaupun telah jatuh tempo. Debitur yang tidak mampu melunasi utangnya, maka harta kekayaan Debitur dikemudian hari menjadi jaminan atas utangnya.Pasal 1131 dan Pasal 1132 KUH Perdata telah mengatur secara khusus mengenai hal utang piutang. Pengabdian pada masyarakat ini dilakukan di kecama

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Yusri, Hazmi, Herry Syafrizal Said, Imran Ali, Lukman, Aryati Aryati, and Mustaqim Teuku. "The Sustainability of Fiscal Deficits, Sharia Obligations and Government Debt, in the Indonesian Economy." International Journal of Arts and Social Science 6, no. 5 (2023): 127–37. https://doi.org/10.5281/zenodo.8134520.

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The fiscal deficit is the result of the government's decision to use spending, and as a consequence of receiving less than spending. In the last few years, the problem of deficit is still a challenge and the right formula has not been found to solve it. Government spending growth that exceeds state revenue growth is a strong reason to revive current fiscal policy. This paper aims to hide the relationship between the growth of debt and Sharia obligations within the framework of the Islamic fiscal deficit.State Revenue is unable to fulfill the obligation to make debt repayments. This study u

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Nainggolan, Bernard, and Anatoliy Kostruba. "THE GOING CONCERN PARADIGM IN BANKRUPTCY PROCESS REVIEWED FROM REGULATIONS IN INDONESIA." Jurnal Hukum UNISSULA 40, no. 1 (2024): 272–83. https://doi.org/10.26532/jh.v40i1.37175.

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In the corporate context, businesses frequently seek alternative debt resolution methods in bankruptcy to avoid liquidation or operational shutdown. One such alternative is through a settlement, where the debtor offers partial payment of the debt to creditors with the condition of being released from the remaining debt.Additionally, the suspension of debt obligations allows companies to develop a financial restructuring plan that can ensure long-term operational sustainability. The purpose of this study is therefore to understand how bankruptcy decisions and debt settlement alternatives for bu

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Chegovadze, L. A., and T. V. Deryugina. "The Legal Nature of Payment for Unilateral Refusal to Fulfill an Obligation." Actual Problems of Russian Law 16, no. 9 (2021): 57–65. http://dx.doi.org/10.17803/1994-1471.2021.130.9.057-065.

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The paper analyzes the possibility of unilateral refusal to fulfill an obligation through the payment of a monetary sum. The multidimensionality of the development of a legal relationship related to the fulfillment of an obligation is investigated in the context of the opportunity to use various legal remedies at each stage of a legal relationship. The paper shows the transformation of the legal statuses of the creditor and the debtor in the process of exercising rights and fulfilling obligations. It is substantiated that, depending on the stage of development of the legal relationship in mutu

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Saputra, Rezki, Jas Yeni Triana, and Indra Afrita. "AKIBAT HUKUM TERHADAP KREDITUR DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Yustitia 11, no. 1 (2025): 86–96. https://doi.org/10.31943/yustitia.v11i1.320.

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The Postponement of Debt Payment Obligations (PKPU) filed by a creditor is a legal mechanism that allows a creditor to file a PKPU petition against a debtor suspected of experiencing financial difficulties and failing to meet their debt payment obligations on time. The purpose of this study is to examine the legal consequences for creditors in the Postponement of Debt Payment Obligations based on Law Number 37 of 2004 on Bankruptcy and the Postponement of Debt Payment Obligations and the judges’ considerations in deciding on the PKPU petition. This study employs a normative legal research meth

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Roman, Caterina G., and Nathan W. Link. "Community Reintegration Among Prisoners With Child Support Obligations: An Examination of Debt, Needs, and Service Receipt." Criminal Justice Policy Review 28, no. 9 (2015): 896–917. http://dx.doi.org/10.1177/0887403415611460.

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In line with emerging work on the role of fatherhood in prisoner reentry, this study directs attention to the financial obligations that connect fathers to their families in reentry. Specifically, the study provides a descriptive picture of soon-to-be-released male state prisoners with child support obligations using a multi-state, longitudinal dataset, and examines whether characteristics of incarcerated men with child support orders and associated debt are significantly different from incarcerated males without child support orders. Whether males attached to comprehensive reentry programs re

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Nuriskia, Centia Sabrina, and Ahmad Yoga Novaliansyah. "The Urgency of Regulations Revision Related to Filing Bankruptcy and Postponing Debt Payment Obligations Amid the COVID-19 Pandemic." Lex Scientia Law Review 5, no. 2 (2021): 105–22. http://dx.doi.org/10.15294/lesrev.v5i2.50383.

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The purpose of this research is to analyze the requirements of bankruptcy regulations and postponement of debt payment obligations on the increase in bankruptcy filings and delays in debt payment obligations in the middle of the COVID-19 Pandemic. This research uses a normative juridical research method with a statutory approach and a conceptual approach that is supported by primary and secondary legal materials. The results of this research indicate that the increase in filing for bankrBankruptcydelays in paying debt obligations at the Commercial Court is due to unclear rules regarding filing

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