ANALISIS YURIDIS PERMOHONAN PAILIT TERHADAP PERSONAL GUARANTOR KARENA DEBITUR WANPRESTASI (Studi Putusan Nomor: 49/Pdt.Sus/Pailit/2014/PN.Niaga.Jkt.Pst)

In this issue, researchers discussed Verdict Number: 49/PDT. SUS/BANKRUPTCY/2014/PN. trade. JKT.PST that arises problems if the main debtor and there is a guarantor debtor where the main debtor commits a default. then the problem arises if it is not examined and observed in applying for bankruptcy. The formulation of the problem reviewed in this study is the Legal Position of personal guarantor and Judge's Consideration in the practice of personal guarantor. The research method uses Normative Juridical approach. Normative juridical is a researcher referring to the legal norms that exist in legislation, literature, expert opinion, and journals. the result of this study, namely The Legal Position of Arifin (personal guarantor) automatically replaces the main debtor, because it has relinquished its privileges. Judge's Consideration on Verdict Number: 49/PDT. SUS/BANKRUPTCY/2014/PN. trade. JKT.PST is appropriate, because it is in accordance with Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Although it is in accordance with the Bankruptcy Law, the consideration of the judge still raises a problem, because in the Ruling there is no insolvency test to the main debtor, so it needs to be examined more carefully so that there is no legal confusion