Journal of Law and Policy Transformation
Vol 7 No 1 (2022)

LEGAL CONSEQUENCES OF BANKRUPTCY AND POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS: ARE THEY SIMILAR?

Bicar Franki Leonardo Manurung (Universitas Internasional Batam)
Elza Syarief (Universitas Internasional Batam)
Rina Shahriyani Shahrullah (Universitas Internasional Batam)



Article Info

Publish Date
29 Jun 2022

Abstract

There is a main difference between the Postponement of Debt Payment Obligations/ PDPO (Penundaan Kewajiban Pembayaran Utang/PKPU) and bankruptcy. They may become a solution when a business is entangled in financial problems or debts. Due to their differences, this study aims to ascertain the legal consequences arising from bankruptcy and the Composition Plan under the PDPO by analysing the court decision relating the Homologation Decision (the Endorsed Composition Plan). It adopts normative juridical research, therefore the data used is secondary data. Data collection techniques are a literature study in the form of legislation and literature and document study, especially the decision No.9/Pdt.Sus-Pailit/2020/PN Smg in conjunction with No.13/Pdt.Sus-PKPU/2016/PN Smg. It uses a qualitative descriptive analysis method. The study found that both the bankruptcy and PDPO have legal consequences on debtors and relevant stakeholders. The PDPO based on the Composition Plan results in the bankruptcy of a company if it still does not pay the debt as stipulated in the Homologation Decision (the Endorsed Composition Plan).

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Journal Info

Abbrev

jlpt

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and ...