Legal Review of the Cancellation of Peace (Homologation) of PKPU Savings and Loans Cooperatives and their Legal Consequences (Case Study of Supreme Court Decision Number: 874 K/ Pdt.Sus -Bankrupt/2022)

Abstract

This article aims to find out the insolvency that occurred for the cancellation of the pkpu peace (homologation) in the Savings and Loans Cooperative and the legal consequences that occurred for the insolvency. This research uses normative or doctrinal legal research methods that are perspective or applied. This research uses primary and secondary sources of legal material. The analyst technique used is the syllogism method which uses a deductive thinking pattern. Based on the results of this study can be concluded. The analyst technique used is the syllogism method which uses a deductive thinking pattern. Based on the results of this study can be concluded. The cancellation of peace (Homologation) for the Cassation decision with Register Number: 874K/ Pdt.Sus -Bankruptcy/2022 resulted in the bankruptcy of the Intidana Savings and Loan Cooperative and had an impact on the dissolution of the Intidana Savings and Loans Cooperative. In this case, based on Articles 170, 171, 291 of Law No. 37 of 2004 concerning Insolvency and PKPU as well as Articles 46 and 47 of Law No. 25 of 1992 concerning Cooperatives. In addition, the legal facts state that the Intidana Savings and Loan Cooperative (defendant) has neglected its agreement on the peace agreement (homologation) causing the losses suffered by the plaintiffs. Meanwhile, the legal consequences of Decision No. 874K / Pdt.Sus -Bankrupt / 2022, namely the Intidana Savings and Loans Cooperative cannot manage, control the cooperative's property and lose the ability to carry out legal actions that provide losses to bankruptcy assets. In addition, another impact was the dissolution of the legal entity of the Intidana Savings and Loans Cooperative which resulted in the Cooperative being unable to operate and resume its business.