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All Journal Awang Long Law Review Journal Indonesia Law and Policy Review (JILPR)
HORMAN SIREGAR
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PEACE (HOMOLOGATION) IN BANKRUPTCY AFTER THE DEBTOR IS DECLARED IN BANKRUPT BECAUSE PEACE (HOMOLOGATION) IN PKPU IS NOT ACCEPTED HORMAN SIREGAR
Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (279.689 KB) | DOI: 10.56301/awl.v4i1.267

Abstract

settle the payment of the debt given by the creditor. Bankruptcy can occur due to 2 (two) things, first because it is filed for bankruptcy, and second because it is requested by PKPU but in PKPU it is not successful in achieving a peace (homologation). In the PKPU Process, the Debtor is given the opportunity to submit a reconciliation plan which contains the condition of the Debtor and the scheme/procedure for payment of debt to be carried out by the Debtor against his Creditors. If the conciliation plan is accepted by the creditor, the debtor's PKPU will end and he can resume his business independently as before. However, if the reconciliation plan proposed by the Debtor is not accepted by the Creditor, the Debtor will fall into bankruptcy. In the event that the Debtor is declared bankrupt, the Curator appointed by the Court will exercise his authority to administer and settle the bankruptcy estate. The problem is, Can the Bankrupt Debtor be able to resubmit the reconciliation plan during the Bankruptcy process and How is the implementation of its authority for the Curator to manage and settle the assets of the Bankruptcy Debtor who proposes reconciliation in Bankruptcy? The purpose of this study is to analyze and find out the Bankrupt Debtor in resubmitting the Peace Proposal in the Bankruptcy Process after the Peace in the PKPU Process failed/not achieved, and to determine the authority of the Curator in managing and settling bankruptcy assets against the Debtor who is submitting a peace plan in the Bankruptcy process. Research Methods using normative juridical research methods. namely library research and analysis of cases. Based on the results of the study, it was concluded that Bankrupt Debtors who had been declared Bankrupt with all the legal consequences could still submit proposals for reconciliation to their Creditors, even though the Peace in PKPU had been submitted but was not achieved. The legal position of the debtor whose bankruptcy has ended due to reconciliation (homologation) returns to its original state of managing and running its business independently.
RECEIVING ACHIEVED IN BANKRUPTCY ORIGIN FROM SUSPENSION OF DEBT PAYMENT OBLIGATIONS Horman Siregar
JILPR Journal Indonesia Law and Policy Review Vol. 4 No. 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v4i3.129

Abstract

Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (PKPU) only prohibits debtors from submitting a reconciliation plan if declared bankrupt based on Article 285, Article 286 and Article 292. Thus, the decision to declare bankruptcy resulting from other than the provisions of Article 285, Article 286 and Article 291 of the Bankruptcy and PKPU Law, it is still permissible to propose a reconciliation plan in bankruptcy in accordance with the provisions of Article 144 of the Bankruptcy and PKPU Law. Article 144 of the Bankruptcy Law & PKPU states that every bankrupt debtor has the right to offer peace to all of his creditors. That is, the settlement can be offered by the debtor after the debtor is declared bankrupt by the Commercial Court. This research aims to answer legal issues regarding the legal position of debtors and creditors in bankruptcy after the rejection of the peace plan in the PKPU process. To answer the research problem, this study uses a type of normative legal research with a statutory approach, a conceptual approach, and a case approach in the form of a Surabaya Commercial Court decision which has permanent legal force. The data used are secondary data in the form of primary, secondary and tertiary materials, obtained through library research or document studies. The results of this study indicate that debtors and creditors can still reach peace even though the Commercial Court has declared the debtor in a state of bankruptcy originating from PKPU. The legal considerations of the panel of judges in ratifying the reconciliation of PT Anugrah Kembang Sawit Sejahtera in bankruptcy originating from PKPU as stated in Decision No. 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby at the Commercial Court at the Surabaya District Court is the result of voting for a bankruptcy debtor's settlement proposal that has been approved by creditors in accordance with Article 151 of the Bankruptcy Law and PKPU which is then set forth in a peace agreement. In addition, the Court did not find any reasons for refusing to ratify the settlement in accordance with Article 159 paragraph (2) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt, the court is obliged to give a decision regarding the ratification of the settlement.
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