Analisis Permohonan Pembatalan Perdamaian oleh Kreditur Akibat Ketidakjelasan dalam Penentuan Jatuh Waktu Pembayaran Sisa Utang Debitur Berdasarkan Perjanjian Perdamaian = Analysis of Creditor's Annulment Application of Accord due to Uncertainty in Determining the Maturity Date for the Payment of Remaining Debtor's Debt Based on the Accord Agreement

Fenny, Fenny (2023) Analisis Permohonan Pembatalan Perdamaian oleh Kreditur Akibat Ketidakjelasan dalam Penentuan Jatuh Waktu Pembayaran Sisa Utang Debitur Berdasarkan Perjanjian Perdamaian = Analysis of Creditor's Annulment Application of Accord due to Uncertainty in Determining the Maturity Date for the Payment of Remaining Debtor's Debt Based on the Accord Agreement. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Although the accord agreement has legal force, it does not rule out the possibility that the agreement can be annulled. Likewise, in the case of the annulment application concerning the agreement involving PT. Lelco Trindo Graha Nusantara (Creditor) against PT. Surya Satu Indonesia Property (Debtor) registered at Commercial Court under No. 13/Pdt.Sus-PembatalanPerdamaian/ 2022/PN.Niaga.Jkt.Pst. juncto No. 385/Pdt.Sus-PKPU/2020/PN.Niaga.Jkt.Pst. The Creditor alleges that the Debtor has breached the contract, as the Debtor has not settled the outstanding bill amounting to IDR 22,661,781,819 (twenty-two billion six hundred sixty-one million seven hundred eighty-one thousand eight hundred nineteen Rupiah), which is due on April 30 and July 30, 2021. However, the Debtor denies this argument and asserts that the conditions for the repayment of the bill must be contingent upon the Debtor's success in obtaining payment from the investors. Consequently, the author believes that the accord has given rise to a dual interpretation among the parties. This research aims to make legal discoveries regarding accord proposals in terms of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Payment, and to find solutions for resolving cases as previously explained. Employing a Normative-Empirical approach focused on judicial case studies, this research utilizes secondary data through library research, complemented by primary data in the form of interview results. The interviews were conducted using purposive sampling techniques. Data analysis in this research utilizes qualitative-descriptive methods. The research results reveal that the essential aspect of the accord is that it must specify a deadline for the repayment of debt payments clearly stated by the Debtor. Conditions other than that (e.g., "Payment is based on the Debtor's success in obtaining a loan from the investor") are consensual agreements and, therefore, cannot be used as a legal basis for the Debtor to pay their debts. On the other hand, Creditors should diligently examine every material contained in the agreement submitted by the Debtor before voting. This research is expected to serve as a preventive measure and guide for Creditors encountering confusion in determining debt payments made by Debtors based on agreements.

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