Media Hukum Indonesia (MHI)
Vol 3, No 3 (2025): September

Kepailitan Akibat Cidera Janji Dalam PKPU : Studi Kasus PT Njonja Meneer Dalam Putusan Nomor 1397 K/Pdt.Sus-Pailit/2017

Syah, Aurellia Zerikha (Unknown)



Article Info

Publish Date
07 Jun 2025

Abstract

Postponement of Debt Payment Obligations (PKPU) is a legal mechanism that allows debtors to restructure their debts through a peace agreement (composition) with creditors. However, when the debtor fails to perform the obligations stipulated in the agreement, such failure may be classified as a breach of contract (wanprestasi) and serve as a valid legal basis for creditors to file a bankruptcy petition. This study aims to analyze the legal provisions concerning the annulment of a composition agreement in PKPU and to examine the actions of PT Njonja Meneer that were deemed a breach of contract in the implementation of such agreement. The research adopts a normative juridical method with a statutory and case study approach, based on the Supreme Court Decision Number 1397 K/Pdt.Sus-Pailit/2017. The findings indicate that PT Njonja Meneer’s failure to substantially fulfill its payment obligations constituted a material breach of the court-approved agreement, thereby justifying the creditor’s petition for bankruptcy. The Supreme Court ruling reinforces that the execution of a peace agreement must be carried out in good faith, as failure to do so may result in the revocation of the agreement and a declaration of bankruptcy against the debtor.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...