ANALISIS HUKUM PENYELESAIAN HUTANG PIUTANG PERSEROAN TERBATAS DALAM LIKUIDASI UNDANG-UNDANG NO. 40 TAHUN 2007

Abstract

In business practice, not all limited liability companies can maintain performance, leading some to liquidation. Liquidation is the stage of settling a company’s assets and liabilities after dissolution. This study aims to analyze (1) the regulation of debt settlement in liquidated limited liability companies; (2) the mechanism for determining liquidators under Law No. 40 of 2007 on Limited Liability Companies; and (3) obstacles faced by liquidators in the settlement process. This research uses a normative legal method with a juridical-normative approach. The results show that debt settlement during liquidation is carried out by the liquidator based on principles of justice and legal certainty. If company assets are sufficient, debts are settled without bankruptcy proceedings; otherwise, liquidation must proceed through bankruptcy under Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. Major obstacles include late liquidator appointment, asset misappropriation, and delayed creditor claims. Consistent enforcement of Articles 142–147 of the Company Law is essential to ensure legal certainty in liquidation.

Keywords: Accounts Receivable, liquidation, Limited Liability Company