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TO BANKRUPT A DECEASED PERSON

Can the petition of bankrupt be filed against the deceased debtor with the condition of still obliged to pay off the due debts? How is the process of bankrupt filing, and is there any period of time?

Answer:

The petition of bankrupt may not only be directed against a bankrupt debtor, but also the property of a deceased person with the requirement that two or more creditors file a bankruptcy request by proving the matter contained in Article 207 of Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Payment (Law No. 37/2004), namely that:

a. The debt of the deceased, unpaid in his lifetime; or

b. At the time of the death of such person, the asset is not enough to pay its debts.

The verdict of bankrupt declaration will result in the law that the property of the deceased shall be separated from the heirs’ property.

Therefore, the bailiff’s mailing address against the heirs of the bankruptcy request must be filed with the debtor’s last address, without having to name the heirs. The bankruptcy application is filed 90 days after the debtor has passed away.

Meanwhile, conciliation does not apply to the bankruptcy of heritage property, as set forth in Article 144 to Article 177 of the Bankruptcy Law, unless the inheritance has been received by the heirs purely outside the jurisdiction of NKRI. (EDN)

Can the execution can be conducted on the assets of debtors who live overseas and known by the creditors only after the commercial court in Indonesia issued a bankruptcy declaration?

Answer:

In the Elucidation of Chapter I General Section of Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Debt Payment obligation (“Law No. 37/2004”) stated that this Act is based on several principles, one of the principle of integration.

“The principle of integration in this Law implies that the formal legal system and its material law combine a unified whole of the civil law system and the national law of civil procedure.

“Referring to the explanation above, Article 299 of Law no. 30/2004 stipulates that to the extent not specified otherwise by Law No.37/ 2004, then the applicable law procedure is a civil procedure law. Therefore, the verdict
of bankruptcy declaration which has been decided by the commercial court in Indonesia is only valid and binding in the territory of the Unitary State of the Republic of Indonesia, and the execution power can only be applied to assets in NKRI territory according to Article 431 Reglement op de Rechtvordering (“Rv “).

Thus, it can be concluded that the curator cannot execute the assets of debtors that are outside the jurisdiction of NKRI.

-EDN-