Postponement Of Debt Payment Obligations Research Articles

Analysis Of The Responsibility Of Insurance Companies Declared Bankrupt For Customer Claims In The Perspective Of Indonesian Positive Law

Insurance for human life is very important, by requiring a sense of comfort and safety. So that many companies have established their business in the field of insurance, behind insurance companies that provide security protection. Not all companies run smoothly in other words the company is inseparable from the threat of bankruptcy. This research focuses on legal certainty for customers when an insurance company with claim obligations is declared bankrupt. The research problem addresses the challenges faced by customers in such situations and the legal protection available to them. The purpose of this research is to find out the responsibility of insurance companies that are declared bankrupt in fulfilling customer claims and to find out the legal certainty for customers in cases when insurance companies that have claims obligations are declared bankrupt. The methodology used is normative juridical, by analyzing the law based on literature study, articles in the Civil Code, Law Number 21 of 2011 concerning OJK, Law Number 37 of 2004 concerning Bankruptcy and postponement of debt payment obligations, and Insurance Law. The results discuss the importance of legal protection provided by the Financial Services Authority and the Deposit Insurance Corporation for insurance customers in bankruptcy cases. The findings underscore the need for compliance with certain legal provisions to ensure customer protection, especially in cases involving insolvent insurance companies. The implications of this study emphasize the importance of legal certainty and the role of regulatory bodies in protecting customer rights in the insurance sector.

KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.

JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST

Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's consideration of not accepting the bankruptcy application and the legal consequences for the debtor for the delay in debt payment obligations. This research uses a normative legal approach method or library legal research which is carried out by researching literature materials. Data sources consist of secondary data including primary, secondary and tertiary legal materials. The conclusion is that PT. Amanda Gumulung Sejahtera has met the bankruptcy requirements, namely having more than one creditor and the existence of duet and collectible debts that have been regulated in Law Number 37 of 2004 concerning the Postponement of Debt Payment Obligations.

PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

Violation of the Principle of Lex Superior Derogate Legi Inferiori in the Formation of Circular Letter of the Supreme Court of the Republic of Indonesia Number 3 of 2023

The Supreme Court of the Republic of Indonesia has issued Circular Letter Number 3 of 2023 (SEMA 3/2023), in which one of the special civil formulations has determined that petitions for bankruptcy or postponement of debt payment obligations (PKPU) for developers of apartments and/or flats does not meet the requirements as simple proof as intended in the provisions of Article 8 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (UU K-PKPU). This research examines the differences in regulations in SEMA 3/2023 and the K-PKPU Law. Based on the research results, it is concluded that these differences in regulations are considered a violation of the Lex Superior Derogate Legi Inferiori Principle.

Effectiveness of Law Enforcement on Corporate Bankruptcy Status

<p>This study aims to evaluate the effectiveness of law enforcement on the status of bankruptcy in Indonesia. Lawrence M. Friedman's legal system theory is used because it has a comprehensive scope to evaluate the effectiveness of enforcing legislation. This study uses juridical-normative research with statutory and case approach. The laws and regulations studied are Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (KPKPU), while the case study takes the case of the bankruptcy of Telkomsel in 2012. This study finds that bankruptcy law enforcement in Indonesia has not been effective. This is because Indonesian bankruptcy law still has weaknesses in terms of substance, structure, and legal culture. In addition, this study finds that the fundamental weakness of Law no. 37 of 2004 is the application of simple proof as a mechanism for imposing bankruptcy statements to debtors. The application of this simple evidence makes law enforcers (judges) tend to ignore facts other than the two conditions stipulated in Law no. 37 of 2004 to impose bankruptcy status, namely the existence of two or more creditors and the existence of one debt that is due and collectible. In the end, the simple evidence mechanism does not open up opportunities for law enforcement officials to assess the debtor's ability to pay off their debts.</p>

Kajian terhadap Tanggungjawab Pengurus CV dan Nasib Buruh Terkait CV Dinyatakan Pailit

Bankruptcy is a situation where there is a Bankruptcy Decision against the Debtor from the Commercial Court. In the management of a limited partnership or CV, there are active partners and passive partners, both of which have different responsibilities. Then, in terms of the rights owned by workers, namely wages or salaries, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that there are three (3) types of Creditors, namely Separatist Creditors, Preferred Creditors, and Concurrent Creditors. Then, this research uses a normative research method with primary and secondary legal materials and collects data using literature studies using the snowball method to search for legal materials. The aim of this research is to examine the responsibilities of CV management and the fate of workers related to CV being declared bankrupt. Thus, the results of this research are that there are differences in the responsibilities of CV administrators in the event that a CV is declared bankrupt by the court between CV administrators who are active partners and passive partners. In addition, there is legal protection for workers' rights in the event of bankruptcy, namely the right to fair wages.

Kewenangan Jaksa Pengacara Negara Mewakili BUMN Sebagai Pihak Termohon Dalam Suatu Permohonan Kepailitan Dan PKPU

State-Owned Enterprises (BUMN) are one of the actors in economic activities in the national economy which have an important role in realizing the welfare and prosperity of society. In the case of bankruptcy and postponement of debt payment obligations applications, the Prosecutor's Office has the authority to file a bankruptcy application against the debtor on the basis of public interest. On the other hand, the Prosecutor's Office can also act as a state attorney who has the authority to represent the state or state agency in a case. From the research results, it can be concluded that the authority of the State Attorney to represent the state/state agencies in commercial cases is different from civil cases in general as regulated by Law No. 37 of 2004 concerning Bankruptcy and postponement of debt payment obligations.

Behavioral Dynamics in Implementation and Challenges in PT. Sky Energy Indonesia Tbk Responsibility Accounting

This research aims to analyze behavioral dynamics in the implementation of responsibility accounting and identify the challenges faced by PT Sky Energy Indonesia Tbk in the financial and operational context. This study is a case study analysis by collecting data through company annual report and the latest news to understand the financial condition, governance and operational challenges faced by the company. The research results show that PT. Sky Energy Indonesia Tbk experienced a decline in sales, faced a Postponement of Debt Payment Obligation (PKPU) process, and was at risk of being delisted from the Indonesian Stock Exchange (BEI), which was exacerbated by the impact of the COVID-19 pandemic. Although annual reports demonstrate a commitment to transparency and sustainability, the findings indicate a gap between commitments and actual practices. This research recommends that to overcome this challenge, PT. Sky Energy Indonesia Tbk needs to increase transparency, operational efficiency, focus on renewable energy, strengthen governance, and develop a solid financial strategy. These steps require a strong commitment from companies to adaptation, innovation and long-term sustainability. This research provides insight into the importance of responsibility accounting in facing financial and operational challenges, as well as contributing to the literature on corporate governance and sustainability in Indonesia.

Legal Position of Syndicated Creditors in Submitting Claims on Debtors in the Application Process for Postponement of Debt Payment Obligations (PKPU) and the Legal Impact

The arrangement of parties who can file claims in the process of suspension debt payment obligations has been regulated in Article 270 of Law number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The arrangement of parties who can file bills in the suspension of debt payment process still causes several problems in its implementation. This occurs in the suspension of debt payment process against debtors in syndicated loans which still creates uncertainty in its implementation because the suspension of debt payment Law does not specifically regulate it but only provides an explanation, so it is important to raise the issue regarding the party authorized to file claims against debtors in credit. Syndication. Meanwhile, the method used in this research is normative juridical research by examining library materials, namely the Civil Code and the suspension of debt payment Law. The suspension of debt payment Law has definitively determined the parties who can file claims, but to file claims in syndicated loans still creates dualism that arises due to the distinctive characteristics of syndicated loans, namely that there are agents who act as attorneys for syndicated participants to represent their interests. In principle, there is only one creditor in a syndicated credit agreement, namely a credit syndicate represented by an agent. Because the agent represents the interests of the syndicated participants, the agent has strong authority to take legal actions including submitting and registering claims to the Management in suspention of debt payment with the approval of the majority creditors.

GUGATAN ACTIO PAULIANA TERHADAP DIREKSI DAN KOMISARIS ATAS PENOLAKAN PENGEMBALIAN DIVIDEN INTERIM PEMEGANG SAHAM PERSEROAN TERBATAS

Distribution of interim dividends distributed before the end of the financial year by the Director with the approval of the Commissioner. This distribution can be made if the company's finances are in a profitable condition based on the year-end audit carried out by a Public Accountant. Companies that experience losses in their reports at the end of the year, shareholders are obliged to return interim dividends based on Law Number: 40 of 2007 concerning Limited Liability Companies. Likewise, companies experiencing bankruptcy based on Law Number: 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The curator in bankruptcy based on Auctio Pauliana with other claims can request the return of the company's interim dividends in the Commercial Court. However, the Curator can only ask for responsibility for the return of interim dividends to the Director and Commissioner jointly and severally. The obligation of the Directors, whose authority has been taken over by the Curator, is to sue the shareholders in the District Court based on Law Number: 40 of 2007 concerning Limited Liability Companies. The problem is, cases in District Court are complicated cases, not simple cases. This research uses normative juridical methods. In the discussion, the Director whose authority has been taken over by the Curator, if the shareholders reject the return of the interim dividend, will file a lawsuit in the District Court. However, a case at the District Court will take a long time, therefore the dividend return case must be submitted to the Commercial Court. In conclusion, to make it easier for the Director to file a lawsuit for the return of interim shareholder dividends in the Commercial Court, the Curator will provide a power of attorney and the case for the return of interim dividends will be made simple.

The Authority of the Commercial Court in Bankruptcy Disputes

<p><em>The purpose of this study is to find out and understand the authority of the commercial court based on the application of Law Number 37 of 2004 in resolving bankruptcy disputes. This study uses descriptive analysis research techniques supported by a normative juridical approach. The results of the study show that legal considerations in a decision must be juridical and become the basis of a decision. Court decisions must contain certain articles of the relevant regulations and unwritten legal sources that are used as the basis for adjudicating, therefore the Commercial Court Decision at the Central Jakarta District Court Number 04/Pdt.Sus-Pailit/2016/PN.Niaga.Jkt. Pst is in accordance with Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.</em></p>

Juridical Review of Actio Pauliana Against Bankrupt Boedal Becoming The Object Of Liability

The Bankruptcy and Postponement of Debt Payment Obligations Act of 2004 regulates the bankruptcy process, which involves the conversion of a debtor's personal assets into bankrupt assets. The court appoints a curator and a supervising judge to oversee all of the insolvent estate's assets. The curator may come across legal measures initiated by the debtor against the bankrupt assets during this procedure that might be harmful to creditors. Paulina's action is what the curator can do in these circumstances to ask the court to dismiss these legal actions. The purpose of this study is to comprehend how Paulina's intervention supports the rights of creditors, particularly with regard to mortgage rights.The study used normative legal research and conducted descriptive and qualitative analyses of both primary and secondary data. The findings revealed that Paulina's action can be used to protect the mortgage rights of creditors, provided that certain dejure elements are met. The study highlights the importance of consistency and synchronization of decisions based on the principles and norms of bankruptcy law to achieve legal harmonization.In conclusion, Paulina's action plays a critical role in safeguarding the interests of creditors in bankruptcy cases, particularly regarding mortgage rights. It empowers the curator to cancel legal actions that could harm the creditors and promotes legal harmonization. This study underscores the need for consistent and coherent application of bankruptcy laws to ensure the equitable treatment of all parties involved. Keywords : Actio Paulina, Legal Action, Bankruptcy Law

Legal Analysis of Corporate Insolvency: A Case Study of the Insolvency Resolution Process

Bankruptcy is a situation that can be experienced by all who run their business, bankruptcy is a debtor who is in an unfavorable state because all his assets are not enough to meet his needs to pay all his debts. So that legal problems arise when a company experiences financial difficulties, in Indonesia bankruptcy law is regulated in Law number 37 of 2004. The purpose of the study is to analyze bankruptcy law, especially the bankruptcy settlement process. The research method used in this study is the descriptive qualitative method. Data collection is carried out through literature studies (library research), then the collected data is analyzed through three stages, namely data reduction, data presentation, and conclusions. The results showed that Law Number 37 of 2004 can provide legal protection to creditors, debtors, and the public fairly and equitably. The bankruptcy settlement process can be carried out through two stages, namely the PKPU stage or postponement of debt payment obligations and the bankruptcy settlement process. The bankruptcy settlement process consists of several stages, namely the first bankruptcy application, the examination of the bankruptcy application, the bankruptcy statement decision, the appointment of a receiver, the distribution of debtor's assets, and then the last stage of the bankruptcy closing decision.

Analysis Of Facts or Circumstances That Are Proven Simply In The Context Of Proving Other Creditors In Bankruptcy Applications

In filing a bankruptcy petition, the petitioner must fulfill the requirements for the petition to be granted by the panel of judges. These requirements are stipulated in Article 2 paragraph (1) in conjunction with Article 8 paragraph (2) of Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. According to these requirements, the bankruptcy petitioner must provide evidence that there are other creditors, either by presenting these other creditors as witnesses or by the debtor's acknowledgment in the form of promissory notes or other documents. However, in its implementation, it turns out that the method of proving this is subject to multiple interpretations, leading to legal uncertainty, namely whether other creditors need to be present in the hearing or if the debtor's acknowledgment is sufficient. This research will be conducted using a normative research method, which involves studying legislation with an approach to bankruptcy cases in Indonesia

Pertanggungjawaban Negara Atas Keadaan Persero BUMN Yang Pailit

Bankruptcy is a situation that could occur in a state-owned company. Istaka Karya is one of several state-owned companies. After going through several years with financial conditions that never improved, various news reports about this company with various active participation in the world of construction, finally officially closed due to bankruptcy in 2023, with a series of debts to creditors as well as arrears in salary payments to its employees. This research aims to analyze the legal certainty obtained by creditors, as well as the state's responsibility in the event of the bankruptcy of a state-owned company. The results of this research show the weak position of creditors in obtaining their rights. Therefore, to provide legal certainty, not only based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, but the directors must also be fully responsible for all debts to creditors using personal assets owned, but not including assets that have been declared bankrupt by the Commercial Court.

Problems Resulting from Filing an Effort for Judicial Review of the Cancellation of a Bankruptcy Decision which was preceded by an Application for Postponement of Debt Payment Obligations (Analysis of Supreme Court Decision No. 96 PK/PDT.SUS-PAILIT/2014)

The method used in writing this thesis is a normative juridical research method. The nature of this research is prescriptive, using data collection techniques, namely library research and interview guides to complete secondary data. The results of the research found that legal certainty regarding the cancellation of a bankruptcy decision which was preceded by a PKPU application caused legal uncertainty because it was in conflict with the Bankruptcy Law and SEMA Number 4 of 2014. The Supreme Court's decision gave rise to legal consequences, namely the resolution of the case took longer because it was not certain when the case would end. , cases are piling up at the Supreme Court, with legal action being filed, the costs of the proceedings will become more expensive

Practice of Applying Affidavits in Bankruptcy Law and Postponement of Debt Payment Obligations

Civil law regulates the means of evidence as outlined in Article 1866 of the Civil Code/Article 164 HIR/Article 284 RBg which consists of written evidence, witness evidence, allegations, confessions and oaths. The existence of an Affidavit certainly makes it easier to resolve a Civil Case, especially in cases regarding Bankruptcy and Postponement of Debt Payment Obligations. The existence of an Affidavit is one aspect that confirms that the process of proving a legal problem in Indonesia is undergoing adjustments in line with the very rapid development of law in this Era of Globalization. The application of Affidavits in Bankruptcy and PKPU legal processes is important in their development. This research uses Normative Legal Research using the method of the Statute Approach. Article 299 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that the procedural law that applies in resolving Bankruptcy cases and Postponement of Debt Payment Obligations is Civil Procedure Law. Written evidence is significant in the Bankruptcy Law and PKPU process, although the process still prioritizes simple evidence. Affidavit is a written statement by someone who is considered an expert containing an explanation of a particular event object, which is then signed and submitted as written evidence in the trial. In Indonesia, an Affidavit cannot be classified as an Authentic Deed and does not have perfect evidentiary properties, but an Affidavit can be used as ordinary documentary evidence to support other evidence and help judges decide Bankruptcy & PKPU cases efficiently in order to support a simple evidentiary process and considering the short examination time.

CURATORS ARE VULNERABLE TO BE CRIMINALIZED AND CRIMINATED IN BANKRUPTCY AND PKPU PROCESSES

<p>The Curator is one of the important organs in the debt settlement process between debtors and their creditors through bankruptcy law instruments. Based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU), the Curator is given broad and broad duties and powers in managing and settling the assets of a bankrupt debtor. Because since being declared bankrupt by the court, the debtor has lost his right to manage his business and assets. The duties and authorities to administer the business and assets of the bankrupt debtor rest in the hands of the Curator, who works under the supervision of the Supervisory Judge. In carrying out its duties and authorities, the Curator must adhere to the provisions of the Law and the Professional Code of Ethics, namely being independent, having no conflict of interest and not handling more than 3 (three) Bankruptcy and PKPU cases. If in carrying out its duties and authorities it causes damage to the bankrupt assets, then the Curator must be legally responsible. That means, the Curator does not have the right of immunity or impunity in carrying out his duties and authorities to manage and settle bankruptcy assets in accordance with the provisions of the law. The Curator is not a public official. The Curator may be punished if his actions and decisions in administering and settling the bankrupt assets cause harm to the bankrupt assets. However, Law Number 37 of 2004 concerning Bankruptcy and PKPU does not include criteria for criminal acts and criminal sanctions for Curators. Because of this, Curators are vulnerable to being criminalized and punished.</p><p>The Curator is one of the important organs in the debt settlement process between debtors and their creditors through bankruptcy law instruments. Based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU), the Curator is given broad and broad duties and powers in managing and settling the assets of a bankrupt debtor. Because since being declared bankrupt by the court, the debtor has lost his right to manage his business and assets. The duties and authorities to administer the business and assets of the bankrupt debtor rest in the hands of the Curator, who works under the supervision of the Supervisory Judge. In carrying out its duties and authorities, the Curator must adhere to the provisions of the Law and the Professional Code of Ethics, namely being independent, having no conflict of interest and not handling more than 3 (three) Bankruptcy and PKPU cases. If in carrying out its duties and authorities it causes damage to the bankrupt assets, then the Curator must be legally responsible. That means, the Curator does not have the right of immunity or impunity in carrying out his duties and authorities to manage and settle bankruptcy assets in accordance with the provisions of the law. The Curator is not a public official. The Curator may be punished if his actions and decisions in administering and settling the bankrupt assets cause harm to the bankrupt assets. However, Law Number 37 of 2004 concerning Bankruptcy and PKPU does not include criteria for criminal acts and criminal sanctions for Curators. Because of this, Curators are vulnerable to being criminalized and punished.</p><p><strong><br /></strong></p>

Requirements for Application for Cancellation of Peace and Analysis of Decision Concerning Cancellation of Peace

This writing intends to examine the judge’s ruling on the terms of the peace annulment application. The key focus and main objective of the Suspension of Debt Payment Obligations revolves around the Settlement process, aiming to achieve a peace proposal in accordance with Article 281 of the Bankruptcy and Postponement of Debt Payment Obligations Law, commonly referred to as Law Number 37 of 2004. This occurs within the framework of the Commercial Court's management of the Suspension of Debt Payment Obligations case. If the debtor fails to keep their promise or fulfill the terms of the peace agreement, there is a legal solution to request the annulment of the peace. This research employs a normative juridical method with a descriptive-analytical approach to comprehensively and deeply describe the circumstances or symptoms studied in relation to the conditions for peace annulment applications and the application of these conditions to Decision Number 2/Pdt.Sus-Cancellation of Peace/2023/PN.Niaga Sby Jo. Number 69/Pdt.Sus-PKPU/2020/PN.Niaga Sby. It can be analyzed from the research that the regulations for requesting the annulment of a peace agreement are already established in Law Number 37 of The Year 2004. Article 170, along with Article 171 and Article 291 of the same law, forms the legal basis for the request, specifically addressing issues related to bankruptcy and the postponement of debt payment obligations.