Mekanisme dan Implikasi Hukum Perdamaian dalam Kepailitan Berdasarkan Undang-Undang Nomor 37 Tahun 2004

Diandra Syifa Rahman
Elisatris Gultom
Sudaryat Permana

Mahkamah: Jurnal Riset Ilmu Hukum
Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum

Peace agreements serve as an alternative solution for resolving debts between debtors and creditors, aiming to enable debtors to restructure their debts and maintain business continuity. The peace agreement process is governed by strict procedures, including the submission of a peace plan by the debtor, approval by concurrent creditors through voting, and ratification by the Commercial Court through a homologation hearing. A ratified peace agreement is binding on all concurrent creditors but can be annulled if the debtor fails to fulfill their obligations, as illustrated in the case of PT Perindustrian Njonja Meneer. This study employs a normative legal method with a statutory approach and qualitative data analysis. The findings indicate that the success of a peace agreement depends on the debtor’s compliance and the creditors’ approval.