Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

Application for Bankruptcy Declaration or Suspension of Debt Payment Obligation for Developers Viewed from the Principles of Balance and Justice

Faisal, Fedhli (Unknown)



Article Info

Publish Date
24 Dec 2024

Abstract

The aim of this research is to examine the implications of bankruptcy petition or postponement of debt payment obligations on developers in Indonesia, considering legal principles, particularly the principles of balance and justice within the framework of the Bankruptcy and Debt Payment Obligation Postponement Act (UU Kepailitan & PKPU). The background of this study encompasses the importance of legal certainty for consumers and developers in the context of fair and efficient financial settlements.  The research methodology employs a legal document analysis approach, involving literature review and case interpretation to evaluate the application of the Bankruptcy and PKPU Act on developers, and to analyze the impact of Supreme Court Regulation No. 03/2023 on court interpretations in relevant cases. The findings indicate that the Bankruptcy and PKPU Act provides a crucial legal framework to protect the interests of consumers and developers, but its application must carefully consider legal principles, particularly in proving facts or circumstances influencing decisions on bankruptcy or PKPU petitions. The implications of these findings underscore the need for courts to maintain a balance between creditors' rights and protection for debtors experiencing financial difficulties. Proposed recommendations include the necessity for clarity in legal interpretations, consistent implementation of the Bankruptcy and PKPU Act, and an approach favoring justice in every bankruptcy or PKPU petition decision.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...