ABSTRACT

In the middle of 1997, monetary crisis hit Indonesia. The business sector was the one that got the effects of the crisis the most. Many of the businesses went bankrupt. As the result, there were many obligations of debts and accounts receivable due that were not fulfilled. Considering those conditions, the quick, open, and effective regulations are needed in order to give the chance for both creditors and debtors to attempt the fair settlement. The attempts can be done through the bankruptcy law. However, in the formulation of Article 2 paragraph 1 Law number 37 of 2004 about the Bankruptcy and Suspension of Obligation for Payment of Debts (UUK-PKPU), it can be identified that how easy a debtor, that is an individual or a company, is declared bankrupt. This study was a normative legal research in which, legal materials were collected through library research. The analysis was conducted qualitatively. The neglect of their rights in the regulation of UKK-PKPU is the important thing that needs to be considered. The debtors’ rights, although they do default of risk, must be protected because their rights are the constitutional rights of every citizen.