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All Journal Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction International Journal of Artificial Intelligence Research Jurnal Sosial dan Teknologi Action Research Literate (ARL) Law Development Journal Journal Indonesia Law and Policy Review (JILPR) Jurnal Multidisiplin Indonesia
Bernard Nainggolan, Bernard
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Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Veterinary Other

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Journal : Jurnal Akta

 1 
Exploring Business Opportunities in the Postponement of Debt Payment Obligations (PKPU) under Law No. 37 of 2004 on Bankruptcy Nainggolan, Bernard
JURNAL AKTA Vol 9, No 4 (2022): December 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i4.36018

Abstract

This research aims to analyze three legal issues related to the provisions within Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (UUK-PKPU), namely the short duration of the Postponement of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU) time limit, the provisions regarding time limit constraints as a cause of the failure of debtor's reconciliation efforts with creditors, and legal protection for the debtor's interests to prevent bankruptcy. This study adopts a normative juridical research method relying on secondary data and literature studies. This normative system includes principles, norms, regulations, court decisions, agreements, and doctrines that represent the views or teachings of legal scholars. The research findings indicate that PKPU aims to provide protection to creditors and offer debtors the opportunity to propose reconciliation regarding their debts. Although the time limit is not the determinant of the failure of reconciliation efforts, it does influence the achievement of the PKPU process. The debtor's weak bargaining position and the inability to reach an optimal reconciliation agreement are major concerns. UUK-PKPU provides legal protection for debtors, but the tight time limit may hinder the achievement of PKPU objectives. The implications of this research highlight the need for further review of PKPU time limit provisions to support the effectiveness of reconciliation efforts and protect debtor interests in avoiding bankruptcy.
Proposing Peace Agreement Ratification Procedures in Delay of Debt Payment Obligations (PKPU) Nainggolan, Bernard
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.36020

Abstract

Peace agreement in Delay of Debt Payment Obligations (PKPU) offers ways to pay all or part of the debt as an effort to avoid bankruptcy, so that the peace is legally valid and binding on the parties, it requires ratification of the peace from the Commercial Court. However, in practice, it was found that there were delays in ratifying the peace agreement that had been agreed to by the parties due to reports that had not been submitted by the management during the PKPU period. The focus of the research is to identify the legal consequences of delaying the approval of the peace agreement on debt settlement of the debtor. The method used is normative juridical with descriptive analysis. Secondary data sources are used, involving legal materials related to primary legal materials and providing explanations for them. Secondary data sources include books, journals, papers, reports, scientific papers, and undergraduate research results in the field of law. Apart from that, tertiary legal materials are also used as additional references, such as articles, books or papers. The results of the research show that delays in ratifying peace agreements that violate statutory provisions have the potential to create legal uncertainty and can lead to debtor bankruptcy. The research conclusion emphasizes the importance of maintaining compliance with legal procedures in PKPU in order to achieve legal certainty for all related parties.
Co-Authors Dhaniswara K. Harjono Hulman Panjaitan, Hulman Ida Ayu Putu Sri Widnyani Kristopansen, Kristopansen Martanti, Yurisa Nurhayati, Sitaresmi Octovian, Hesekiel Kevin Pangalila, Denny Siburian, Hendra Harianto S. Silitonga, Timbul Tumbur Sinaga, Comodor Erfisen Tumanggor, Tumanggor Wiwik Sri Widiarty Yuhelson Yuhelson