Tinjauan Yuridis terhadap Penundaan Kewajiban Pembayaran Utang PT. Permata Ayah Bunda (Studi Putusan Nomor 34/Pdt.Sus-PKPU/2022/PN NIAGA MDN)

Abstract

The essence of Postponement of Debt Payment Obligations is in principle almost the same as debt restructuring, the difference lies in the restructuring agreement submitted separately for each Creditor, in contrast, debt settlement through the PKPU mechanism through the Commercial Court can reach a peace agreement on all debt issues in one proposal. Referring to Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, the requirements for submitting a PKPU application are having 2 (two) or more Creditors, the Debtor does not pay at least one of his debts, and the debt is due and collectible. The purpose of this study is to determine and explain the PKPU process so that it produces a homologation decision and a debt settlement scheme through the PKPU mechanism in the homologation decision. This study uses a normative legal approach which is then analyzed qualitatively and produces descriptive data. Data collection methods are in the form of documentation studies and interviews. Based on the focus of the problem in the study, the results of the study indicate that first the PKPU process that produces a homologation decision is regulated in Articles 222 to 248 of Law No. 37 of 2004 concerning Bankruptcy and PKPU. Second, that the debt settlement scheme through the PKPU mechanism offered by the Debtor in the homologation decision No.34/Pdt.Sus-PKPU/2022/PN Niaga Mdn was approved by a majority of 2/3 of the creditors. Third, that the legal procedures used by the judges of the Medan Commercial Court in handling PKPU cases are in accordance with the applicable procedures as explained in Law No. 37 of 2004.