文章基本信息

标题：Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic
本地全文：下载
作者：Suwinto Johan ; Ariawan Ariawan
期刊名称：Jurnal Media Hukum
印刷版ISSN：0854-8919
电子版ISSN：2503-1023
出版年度：2021
卷号：28
期号：1
页码：15-28
DOI：10.18196/jmh.v28i1.10566
语种：English
出版社：Universitas Muhammadiyah Yogyakarta
摘要：Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.