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Sanusi, Heru Pringgodani
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Law, Crime, Criminology & Criminal Justice

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TINJAUAN YURIDIS PERMOHONAN PEMBATALAN PERDAMAIAN PKPU PADA KASUS PT PRAKASA SEMESTA ALAM: Juridical Review Application For The Cancellation Of Peace Agreement Pt Prakasa Semesta Alam Suspension Of Debt Payment Case Kertopati, Shahnaz Aura Chairunisa; Sanusi, Heru Pringgodani
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/8smg0t46

Abstract

The global health crisis caused by the COVID-19 pandemic has posed challenges for numerous businesses in meeting their debt obligations within the stipulated timelines. Consequently, the implementation of the PKPU facility is utilized as a measure to address this issue, aiming to facilitate a resolution and foster harmony between the Debtor and the Creditors.The formulation of the problem is whether the application of the principle of good faith in the implementation of the peace agreement by the Debtor has been fulfilled in Decision No. 37/Pdt.Sus-Cancellation of Peace/2021/PN Niaga Jkt.Pst and whether Decision No. 37/Pdt.Sus-Permbatalan Perdamaian/2021/PN Niaga Jkt.Pst complies with applicable regulations. The research method uses normative and analytical laws, collects secondary data which is divided into primary and secondary legal materials, and conducts qualitative analysis with deductive reasoning. Whereas the Debtor did not comply with the provisions of the principle of good faith in an objective sense because he did not carry out the payment of the remaining debt as stated in the peace agreement, he had been in arrears for 4 months without any information showing that there was good faith on the part of the Debtor to pay the debt. Verdict No. 37/Pdt.Sus- Permbatalan Perdamaian /2021/PN Niaga Jkt.Pst is not in accordance with the applicable regulations, namely Article 170 of the Bankruptcy and PKPU Law and Article 1338 paragraph (3) of the Civil Code because the Debtor's actions are categorized as negligent in implementing the Settlement Agreement. bad faith and deserving of bankruptcy refers to the principle of good faith.
AKIBAT HUKUM TERHADAP PENOLAKAN PEMBATALAN PERDAMAIAN DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG: Legal Consequences of Refusal of Peace Cancellation in Delaying Debt Payment Obligations Aprilianti , Putri; Sanusi, Heru Pringgodani
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/6w88gf95

Abstract

If a peace agreement has been homologated by the Commercial Court, it is found that the debtor has breached his contract or is negligent in implementing the contents of the peace agreement (default), then the creditor can submit a request to cancel the peace agreement. One of the decisions of the Central Jakarta Commercial Court rejected the creditors' application for the cancellation of the peace agreement which had been homologated, so that it had legal consequences for the creditors. The issue being discussed is what the legal consequences of refusing to cancel the homologated peace agreement will be on the creditors. The method used is a normative research method, which is descriptive in nature, comes from secondary and primary data, and draws conclusions deductively. The legal consequence of refusing to cancel a peace agreement is that creditors do not have certainty regarding the settlement of debts and receivables between creditors and debtors, and this results in creditors experiencing financial losses because they do not receive debt payments from debtors.
PENERAPAN ASAS FIDUCIARY DUTY TERHADAP DIREKSI DALAM PELANGGARAN KLAUSULA NEGATIVE COVENANTS PERJANJIAN KREDIT: Application of The Principle of Fiduciary Duty to Directors in Violation of The Negative Covenants Clause of a Credit Agreement Putri, Denisya Adriana Maharani; Sanusi, Heru Pringgodani
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/pe2zrr60

Abstract

The Board of Directors as the management of the company is responsible for overseeing and managing the business in accordance with the company's articles of association and the regulations contained in Law 40 of 2007 concerning Limited Liability Companies. One of the principles that guides the responsibility of the Board of Directors in carrying out its role as the management of the company is Fiduciary Duty. The problem discussed relates to the violation of the negative covenants clause in the credit agreement of PT Hair Star Indonesia. PT Bank OCBC NISP Tbk filed a lawsuit with a tort claim against the directors of PT Hair Star Indonesia because the Directors of PT Hair Star Indonesia were considered negligent in carrying out their responsibilities so that the veil of the company was torn and Piercing the Corporate Veil became applicable. As a result, PT Bank OCBC NISP Tbk suffered losses as a result of the violation of the principle of Fiduciary Duty committed by the Directors of PT Hair Star Indonesia in managing the company. The research methodology used is descriptive normative with secondary data sources and deductive approach.
ASURANSI JIWA KREDIT SEBAGAI PERSYARATAN DALAM PENGAJUAN KREDIT PEMILIKAN RUMAH (KPR): Credit Life Insurance as A Requirement for Applying for a  Housing Loan (KPR Putra, Ilham Yugo Adi; Sanusi, Heru Pringgodani
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jh3yj846

Abstract

Home Ownership Credit (KPR) is a financing option offered to prospective residential property buyers. KPR serves as a solution to bridge the gap between home ownership aspirations and the financial capacity of the public. The bancassurance scheme is often combined with life insurance as a guarantee. However, given the long payment duration and various risks that may arise during the credit period, such as the death of the debtor, financial institutions impose credit life insurance requirements as part of the KPR application. This study examines whether credit life insurance is a mandatory requirement in KPR applications. The findings show that banking institutions do require credit life insurance as part of their risk mitigation strategy. This is implemented by Bank Syariah Indonesia, which requires the use of BNI Life Credit life insurance to ensure protection for customers in case of unexpected events such as the death of the debtor. The same can be found at Bank Rakyat Indonesia (BRI), which requires Bringin Life and Heksa Eka Life insurance in KPR applications to mitigate risks. This policy is in line with the Copy of the Financial Services Authority Circular Letter Number 33/SEOJK.03/2016 Concerning the Implementation of Risk Management in Banks Conducting Marketing Cooperation Activities with Insurance Companies (Bancassurance). Thus, the life insurance requirement in KPR is not just a bank preference, but rather an implementation of regulations aimed at maintaining the stability of the banking sector and protecting the interests of all parties involved.
PERTIMBANGAN PENOLAKAN HAKIM DALAM PUTUSAN PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG OLEH PT. ADHIKARA PUTRA MANDIRI TERHADAP PT. BANYU TELAGA MAS: Judge’s Rejection of the Postponement of Debt Payment Obligations (PKPU) Filed by PT Adhikara Putra Mandiri Against PT Banyu Telaga Mas Chaezarani, Salsabila; Sanusi, Heru Pringgodani
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/f63eyk81

Abstract

In the judge's consideration, the judge rejected the request for Postponement of Debt Payment Obligations (PKPU) filed by PT Adhikara Putra Mandiri as a creditor against PT Banyu Telaga Mas as a debtor on the grounds that the elements of simple proof were not fulfilled. The question is whether Law Number 37 of 2004 which regulates Bankruptcy and Suspension of Debt Payment Obligations is in line with the rejection of the judge’s consideration in the PKPU application. This research uses a descriptive normative legal research methodology using secondary data derived from primary and secondary legal materials to then be analyzed qualitatively an deductively drawn conclusions. Because the requirements for filling a PKPU application are limited to what is mentioned in Article 222 of Law Number 37 of 2004 concerning bankruptcy and PKPU, therefore the results of this study can be concluded that judges clarity in the PKPU Process, fundamental evidentiary reqirements must be applied.  
Co-Authors Aprilianti , Putri Chaezarani, Salsabila Kertopati, Shahnaz Aura Chairunisa Putra, Ilham Yugo Adi Putri, Denisya Adriana Maharani