VOlUME 05 ISSUE 07 JULY 2022
Rafi Unggul Pambudi
Universitas Pembangunan Nasional Veteran Jakarta
Google Scholar Download Pdf
ABSTRACT
The decision on ratification of the peace which has obtained permanent legal force in relation to the minutes, for all Creditors which is not disputed by the Debtor, is the basis of rights that can be exercised against the Debtor and all persons who have bound themselves as guarantors for the reconciliation. The formulation of the problem in this thesis, regarding the position of creditors who are not registered in the homologation decision after the decision on suspension of debt payment obligations and legal remedies that can be taken by unregistered creditors on the grounds of rejecting the homologation decision after the decision on suspension of debt payment obligations. This thesis uses a normative legal research method with secondary data collection which is analyzed qualitatively to obtain conclusions about the position of creditors who are not registered in the homologation decision after the decision to postpone the payment of debt obligations, which are bound in the homologation decision and are entitled to the payment of their receivables. Legal remedies that can be taken by unregistered creditors on the grounds of refusing the homologation decision after the decision to postpone the obligation to pay debts due to an unfair position with registered creditors are to file a lawsuit for the cancellation of homologation to the commercial court and file a bankruptcy petition as legal facts based on the Supreme Court Decision Number 708 K/Pdt.Sus-Pailit/2015 Decision of the Central Jakarta Commercial Court Number 20/Pailit/2009/PN. Niaga Jkt. Pst. between PT Rasico Industry and PT Panda Trading Indonesia. Both cases prove that there are circumstances where the petition for a declaration of bankruptcy submitted by one of the creditors against the debtor in the PKPU can be accepted, even though previously the reconciliation plan proposed by the debtor has been homologated.
KEYWORDS:Creditors, PKPU, Homologation
REFERENCES
1) Adrian Sutedi, Bankruptcy Law, (Jakarta: Ghalia Indonesia, 2009), p. 37.
2) Alfin Sulaiman, 'If the Creditor's Name is Not Registered in the PKPU Peace Decision' https://www. Hukumonline.com/klinik/detail/ulasan/lt57d110ea03f49/jika-nama-kreditor-takter List-dalam-ujungan-percepatan-pkpu, accessed at February 2, 2020.
3) Cholifatun Nisa, "Consequences of the Legalization of the Ratification of Peace (Homologation) on the Delay of Payment of Debt Obligations in the Case of the Debtor of a Limited Liability Company", Jurist-Diction Journal, 2019, p. 426.
4) H. Zainuddin Ali, Legal Research Methods, (Jakarta: Sinar Graphic, 2009), pp. 105-106.
5) Hary Azhari, 'Legal Consequences of Debtor's Negligence to Fulfill the Peace Agreement in PKPU (Study of Supreme Court Decision Number 376/K/Pdt.Sus-Pailit/2017)' Thesis, (University of North Sumatra), p. 65.
6) Indonesia, Law of the Republic of Indonesia concerning Bankruptcy and Suspension of Debt Payment Obligations, Law no. 37 of 2004, Article
7) Ishak, “Peace Between Debtors and Concurrent Creditors in Bankruptcy”, Kanun Journal of Legal Studies, Vol. 18 No.1 April 2016.
8) Ivan Harsono, “Paramita Prananingtyas, 'Analysis of Peace in the PKPU and Cancellation of Peace in the Bankruptcy Case of PT Njoja Meneer', (2019) 12, p. 1067.
9) Kemala Atika Hayati, 'Voting Rights of Separatist Creditors in the Process of Filing Efforts for Peace according to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations' (2016) 4 USU Law Journal, p. 120.
10) M. Hadi Subhan, Bankruptcy Law: Principles, Norms, and Practices in the Judiciary (Kencana 2008), p. 142.
11) Rudy A Lontoh, Kailimang, Denny & Ponto, Settlement of Debts and Receivables: Through Bankruptcy or Postponement of Debt Payment Obligations, (Alumni Publisher 2001); Setiawan, Bankruptcy Ordinances and Current Applications, Dalam Lontoh, Rudy A., et al, Settlement of Debts: Through Bankruptcy or Postponement of Debt Payment Obligations (Alumni Publisher 2001)
12) Soerjono Soekanto and Sri Mamudji. Normative Legal Research, (Jakarta: PT.Raja Grafindo Persada, 2001), p.24.
13) Sriwijiastuti, 'The PKPU Institution As A Means Of Debt Restructuring For Debtors Towards Creditors (Case Study At PT. Anugerah Tiara Sejahtera)' Thesis (Diponegoro University 2010), p. 54.
14) Teukoe Hermanshah, “Debt Payment Suspension in Order to Prevent Bankruptcy”, (2018) XVII Law Review, p. 222.
15) Yudi Kornelis, "Harmonization of Laws on Postponement of Debt Payment Obligations with the Perspective of Indonesian Legal Culture", Jurnal Selat, Vol.4 No.1 October 2016.