JURIDICAL ANALYSIS OF THE LEGAL CONSIDERATIONS OF THE PANEL OF JUDGES ON THE AMOUNT OF DEBT AS GROUNDS FOR REJECTING A BANKRUPTCY PETITION

Rizqy Dini Fernandha
Richard Chandra Adam

Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue

The Bankruptcy Law specifies the requirements for filing a bankruptcy petition. However, its implementation does not always align with the applicable regulations. For example, in Decision Court Number 37/Pdt.Sus-Pailit/2021/PN.Niaga.Jkt.Pst, the court rejected the entire petition despite the formal and substantive conditions being met, as the debt amount was less than IDR 500,000,000. This decision contradicts Supreme Court Regulation Number 4/19, which allows for bankruptcy through a simple lawsuit. This research employs a normative juridical method with a statute and case approach. The findings indicate that Article 50 of the Judiciary Law affirms that court decisions must contain the reasoning and legal provisions upon which they are based. Judges are obliged to provide reasoning aligned with legal provisions and are prohibited from imposing debt value limitations as a basis for rejecting bankruptcy petitions since the Bankruptcy Law does not specify a minimum debt amount.