KEPASTIAN HUKUM EKSEKUSI JAMINAN PERORANGAN (PERSONAL GUARANTEE) ATAS PENYELESAIAN KREDIT MACET BANK MELALUI PERANGKAT KEPAILITAN

Abstract

Aspects of legal certainty in the context of the execution of personal guarantee against the settlement of bad loans through the institution of bankruptcy. The main focus of the study was to analyze the legal framework that governs the process of execution of guarantees of individuals when banks face bad debts and decide to use the bankruptcy mechanism. Through a legal approach and comparative analysis, this study highlights the obstacles that may arise in ensuring legal certainty in this process, as well as the implications for the parties involved, this study raises the issue of how the limitation of the individual guarantor (Personal Guarantee) to be responsible for the settlement of bad debts secured debtors and how the legal certainty of the execution of the guarantee of individuals (Personal Guarantee) on the settlement of bad debts through the bank insolvency institution?using Gustav Radburch's theory of legal certainty and Hans Kelsen's theory of legal responsibility. The research methodology employed in this study is normative juridical research, which combines interviews with library law research utilizing primary, secondary, and tertiary legal sources. The research approach encompasses the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. The technique used to gather legal materials involves identifying and cataloging positive legal rules, literature books, journals, and other relevant legal sources. The analysis of legal materials involves legal interpretation, systematic interpretation, and legal construction methods. Hasil Penelitian ini adalah Personal Guarantee bertanggung jawab atas pembayaran hutang kepada Kreditur jika Debitur wanprestasi, dan pertanggungjawaban tersebut terpenuhi selama Personal Guarantee mampu. Jika tidak mampu lagi, seperti saat harta sudah habis atau pailit, langkah selanjutnya adalah menunjuk penanggung baru atau mengganti dengan jaminan kebendaan. The result of this study is that the Personal Guarantee is responsible for the payment of debts to creditors if the debtor defaults, and the responsibility is fulfilled as long as the Personal Guarantee is capable. In case of incapacity, such as when the property is exhausted or insolvent, the next step is to appoint a new insurer or replace it with a material guarantee and the Personal Guarantee liability can be distinguished: which does not renounce its privileges, allows demands or execution after the debtor's property has been confiscated or sold for payment of the debtor's debt; while waiving its privileges, it allows creditors to demand accountability or direct execution of the Personal Guarantee and the position of the Personal Guarantee can change like a debtor when the debtor it guarantees defaults, allowing the Personal Guarantee to be terminated by bankruptcy under certain conditions. Through this bankruptcy institution, creditors can demand Personal Guarantee liability in the settlement of bad debts of secured debtors. This provides legal certainty for creditors