Kedudukan Penjamin dalam Akta Personal Garansi (Borgtocht) Ketika Debitur Dinyatakan Pailit

Abstract

The article aim to know abaout proses of liabiliti of guarantor that the main debitor declared bankrupt, the method used in this reaserch is normative judicial by reviewing varios law that a formal,from this result it can take some conclusion that althogh we are like it or not when the Main debitor declared bankrupt then a gurantor should take liability to canhge the position as the debitor too,when the debitor can not paid His debt,now it so hapepens that i described on this reaserch based on interpretation research clause 1131 and 1132 clarify the treasure of guarantor that is moveable property or wealth not moving that now exixting or in a future becaming a guaranty of contract so it will enter to the property of the main debitor the explanation undersection 1832 KUHPerdata number 2 that position between the main debtor with guarantor or personal guarantee or borgtocht is equally a debtor.as a consequence the guarantor should take liability to pay the debt of the main debitur and if the main debitur do not pay the debt to the kreditor that became dueor can billed it seems that guarantor same the position of the main debitor then the guarantor can declared bankrupt also by kreditor base on bankrupt bill.base on my descripstion the parties that involve to the contcract especially guarantor have a enough klowlede abaout the impact of the personal guarantee deed and also pay atention with the main debt ,interest and also change clauseof credit contrac