Yuridika
Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021

Reform of Plan Termination in the Suspension of Debt Payment Obligations (PKPU) in Indonesia

Farih Romdoni Putra (Universitas Indonesia)



Article Info

Publish Date
01 Sep 2021

Abstract

Bankruptcy law exists to ensure justice for creditors and debtors. This research identifies areas of reform in Indonesian bankruptcy law to create justice for creditors and debtors. Specifically, this research focuses on the provisions of the termination of a plan achieved from the suspension of debt payment obligations (‘PKPU’). This research used a normative juridical research method with conceptual and comparative approaches. The author examined the bankruptcy law in Indonesia, evaluated several cases of plan termination in PKPU occurring in Indonesia, and later compared the rules in the bankruptcy laws applied in the United States of America (USA), the Netherlands and Singapore. The results of this study indicate that the provisions for plan termination in the bankruptcy law in Indonesia do not protect the debtors’ interests. From the termination plan cases in Indonesia, confusion was found in the bankruptcy law, which did not provide legal certainty for both debtors and creditors. Comparing the bankruptcy laws in Indonesia, the USA, the Netherlands and Singapore shows that the Indonesian bankruptcy law needs reform to create flexibility to implement the plan. These findings are discussed further in this article.

Copyrights © 2021






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...