Humaniora
Vol. 11 No. 3 (2020): Humaniora

Material Adverse Change: An Alternative Solution to Suspension of the Debt Payment.

Suwinto Johan (President University Magister Ilmu Hukum, Fakultas Hukum, Universitas Tarumanagara)



Article Info

Publish Date
30 Nov 2020

Abstract

The research aimed to provide alternative solutions with Material Adverse Change (MAC) before reaching the suspension of the debt payment obligation stage. The pandemic situation had caused many companies to experience difficulties in fulfilling their obligations, including payment obligations or debts to suppliers and creditors. If there were circumstances where the company could not fulfill its obligations, then the creditor would be able to collect through debt-restructuring to bankruptcy. The restructuring was carried out through the suspension of the debt payment obligation (Penundaan Kewajiban Pembayaran Utang/PKPU). The research used normative juridical methods. It focused on credit and financing transactions between companies and creditors, both banking or finance companies. The research concludes that before the suspension of a debt payment obligation, companies and creditors should negotiate based on MAC before reaching a lawsuit. In the MAC, there is an explicit clause, and it is agreed by both parties, then the creditor should acknowledge the company’s actual condition. 

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Journal Info

Abbrev

Humaniora

Publisher

Subject

Humanities

Description

The journal invites professionals in the world of education, research, and entrepreneurship to participate in disseminating ideas, concepts, new theories, or science development in the field of Language, Culture, Visual Communication Design, Interior and Furniture Design, Character Building, Law, ...