TINJAUAN YURIDIS PERTIMBANGAN HAKIM PADA PUTUSAN PAILIT PERKARA NOMOR 7/PDT.SUS-PAILIT/2022/PN SMG DALAM PERSPEKTIF KELANGSUNGAN USAHA

In view of the provisions of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), there are several principles, one of which is the principle of business continuity. The concept of Business Continuity, also known as “Going Concern,” emphasizes the continuity of the debtor company's business existence, with the hope that bankruptcy can be avoided. This
study aims to understand and analyze the legal considerations of judges in Bankruptcy Decision Number 7/Pdt.sus-Pailit/2022/Pn Smg from the perspective of the bankrupt debtor's business continuity. The method used in this writing is normative legal research with a legislative approach and the Going Concern Principle. The results of this research indicate that Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations includes the principle of Business Continuity. Before declaring bankruptcy, judges should
consider this principle, not merely the voting results of the creditors, which should be an important part of the bankruptcy decision to maintain a balance between creditor rights and the debtor's business continuity. The recommendation of this study is that judges should explore the facts presented in court when deciding bankruptcy cases. It is hoped that future bankruptcy decisions will better reflect a balance between the interests of creditors and debtors, and promote business continuity, which can provide long-term benefits for all parties involved.