Kimbal, Julie Anastasya (2018) Analisis yuridis permohonan pembatalan perdamaian pada putusan nomor 11/pdt.Suspailit/ 2017/pn niaga smg jo nomor 01/pdt.Suspkpu/ 2015/pn niaga smg / Juridical analysis on application for the cancellation of reconciliation in verdict number 11/pdt.Suspailit/ 2017pn niaga smg jo. Number 01/pdt.Sus pkpu/2015/pn niaga smg. Bachelor thesis, Universitas Pelita Harapan.
Full text not available from this repository.Abstract
The application for Suspension of Obligation for Payment of Debts
(“PKPU”) ideally shall aim to achieve reconciliation between the parties.
Reconciliation in PKPU which has been agreed upon and has obtained validation
from the panel of judges does not eliminate the possibility for a cancellation of
ratification application to be submitted. According to Article 170 paragraph (1) of
Law Number 37 Year 2004 on Bankruptcy and Suspension of Obligation for
Payment of Debts, creditors can request for a cancellation of reconciliation in the
court if the debtor has been proven to be negligent in fulfilling the contents of
reconciliation which has been validated. The application for the cancellation of
reconciliation occurred in the case of PT Nyonya Meneer where previously, an
application for PKPU has been submitted by their creditor towards PT Nyonya
Meneer (respondent) and has achieved reconciliation regarding their debt
restructuring which was then validated within verdict of reconciliation validation
(homologasi). The said reconciliation in PKPU did not go as planned where one of
the creditors requested for a cancellation of reconciliation upon a validated verdict
of reconciliation by reason that the respondent has been negligent in fulfilling their
obligations. The application for the cancellation of reconciliation was then granted
by the panel of judges which results in the declaration of bankruptcy of the
respondent. Within this research, the author will review the requirements for PKPU
application and the considerations of the Panel of Judges which grants the
previously mentioned request for the cancellation of reconciliation, whether the
respondent has been proven to be negligent in fulfilling their obligation as had been
agreed upon. The type of research which is conducted is a normative legal research
with statute and case approaches relating to Bankruptcy and PKPU. The result of
research shows that in providing their consideration, the panel of judges refers to
the proposal of reconciliation plan, and not to the verdict of reconciliation validation
(homologasi) which has obtained binding legal effect according to Article 164 of
the Bankruptcy Law. In addition, regarding the requirements for PKPU application
is regulated within Article 222 of the Bankruptcy Law where it does not only
provide authority for the debtor but also to the creditor to submit a PKPU
application.
Item Type: | Thesis (Bachelor) |
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Creators: | Creators NIM Email ORCID Kimbal, Julie Anastasya 00000009788 JKIMBAL45@GMAIL.COM UNSPECIFIED |
Additional Information: | SK 51-15 KIM a |
Uncontrolled Keywords: | Bankruptcy; PKPU; Cancellation of Reconciliation |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Law |
Depositing User: | Samuel Noya |
Date Deposited: | 21 May 2021 08:06 |
Last Modified: | 20 Sep 2021 06:13 |
URI: | http://repository.uph.edu/id/eprint/35914 |