IMPLIKASI PUTUSAN KEPAILITAN TERHADAP PERJANJIAN KREDIT BANK DALAM GUGATAN WANPRESTASI

Danny Trisno Susetyo (Program Doktor Ilmu Hukum, Fakultas Hukum, Universitas Sebelas Maret Surakarta)
Aditya Fajri Kurnia Pradana (Program Studi Hukum Keluarga Islam, Institut Islam Mamba’ul ’Ulum Surakarta)

JUNAGARA: Jurnal Ilmiah Hukum dan Kenegaraan
Vol. 2 No. 1 (2025): JUNAGARA: Jurnal Ilmiah Hukum dan Kenegaraan

The establishment of apartments in Sleman, Yogyakarta, on the strategic location of Jalan Adisucipto KM.7, known as the business district, led to many conflicts after the developer faced a bankruptcy verdict. The developer started construction of two apartment towers behind the hotel, namely Tower Borobudur and Tower Prambanan. However, two apartment buyers filed a postponement of debt payment obligations (PKPU) and caused the developer to be declared bankrupt by the Semarang Commercial Court on 8 March 2021. The bank, which became a separatist creditor, refused to extend the PKPU, exacerbating the situation. In the legal process, consumers who had paid off the Apartment Ownership Credit (KPA) did not get the certificate to which they were entitled, giving rise to a default lawsuit. This research aims to analyse the feasibility of financing by banks to developers, the reasons for banks to support the bankruptcy of developers, and the responsibilities of banks in the KPA certificate issue. The research uses the normative-empirical method by examining legal norms and their empirical impact on society. The results showed that the bank did not comply with the prudential principle and faced serious legal risks as a result of its actions.