URGENSI INSOLVENSI TEST DEBITUR SEBAGAI SYARAT PENGAJUAN PAILIT DI TINJAU DARI ASAS KEBERLANGSUNGAN USAHA. (Studi Normative Pasal 2 UU No. 37 Tahun 2004 Tentang Kepailitan Dan PKPU)

The Bankruptcy Act requires simply the requirement of bankruptcy as set forth in Article 2 Paragraph (1) of Law Number 37 on the year of 2004. The Bankruptcy Act does not regulate whether the debtor's property still exceeds the amount of debt to be paid or not. This is very detrimental to the condition of the debtor, whose company is still solvent and able to pay the debts due to a Commercial Court ruling. This research takes the formulation of the problem: How is the Urgency Insolvency test of the debtor as a condition of bankruptcy filing in review The principle of business continuity pursuant to Article 2 of Law Number.37 of 2004 on bankruptcy law and PKPU. This study uses the approach of legislation approach that is by reviewing all legislation and case approach aimed to study the application of legal norms or norms done in legal practice related to the problems being faced as the primary legal material. While the secondary research material comes from books, journals and papers. Then the data in this study are analyzed by deductive method as the main grip and inductive method as the supporting procedure. Based on the results of this study and discussion that the insolvency test instruments need to be adopted in Indonesia in order to know the indicator circumstances do not pay a company in order to, improve the image of investment in Indonesia and can protect the creditor and debtor as the purpose of bankruptcy law