CD Skripsi

Tinjauan Yuridis Tentang Permohonan Penundaan Kewajiban Pembayaran Utang Yang Diajukan Oleh Satu Kreditur (Studi Kasus Perkara Nomor 4/Pdt.Sus-Pkpu/2020/Pn Mdn)

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ABSTRACT
Suspension of Debt Payment Obligation is an alternative debt settlement to
avoid bankruptcy. Basically, the granting of PKPU to debtors is intended so that
debtors who are in a state of insolvency have the opportunity to submit a
reconciliation plan, either in the form of an offer to pay the debt in whole or in
part for the debt. The purpose of writing this thesis: First, to find out the
procedure for Postponement of Debt Payment Obligations based on Law Number
37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations.
Second, to find out the judge's considerations in case Number 4/Pdt.Sus-
PKPU/2020/PN Mdn at the Medan District Court which in its decision granted
the request for Suspension of Debt Payment Obligations submitted by one
creditor, it is correct if it is reviewed by Law Number 37 of 2004 concerning
Bankruptcy and Postponement of Debt Payment Obligations.
The type of research used in this legal research is normative legal research.
the approach used by the researcher is a normative juridical approach. Analysis
of the data used is the author analyzes the data qualitatively. In drawing
conclusions, the writer uses deductive thinking method, which is a way of thinking
that draws conclusions from a general statement or proposition into a specific
statement.
From the results of the research, the first is regarding the procedure for
Postponement of Debt Payment Obligations based on Law Number 37 of 2004
concerning Bankruptcy and Debt Payment Delays that in the provisions of the law
there are 14 (fourteen) procedures that must be passed. It should be said that the
provisions of the law governing this matter can be said to be of a maximum
nature. This is reinforced by the provisions regarding procedures that are
mutually sustainable with one another. Second, regarding the judge's
considerations in case Number 4/Pdt.Sus-PKPU/2020/PN Mdn at the Medan
District Court, it can be said that it is not in accordance with the requirements for
the procedure for submitting an application for bankruptcy and Postponement of
Debt Payment Obligations (PKPU) contained in Law Number 37 of 2004
concerning Bankruptcy and Postponement of Debt Payment Obligations Article 2
paragraph (1), that the debtor must have two or more creditors which in case
Number 4/Pdt.Sus-PKPU/2020/PN Mdn is still accepted and even decided to
postpone the obligation to pay debts to the debtor so that this case is contrary to
the principle of balance and justice in bankruptcy. In the case decision number
4/Pdt.Sus-PKPU/2020/PN Mdn, it does not meet the provisions in Article 37 of
2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and is
contrary to the Circular Letter of the Supreme Court number 07 of 2012 so that
the application for suspension of debt payment obligations should be submitted by
PT. Centric Powerindo was not granted.
Keywords: Postponement of Debt Payment Obligations – Debtors – Creditors

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Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

09 04. 122 (0007)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2022

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

09 04. 122 (0007)

Tipe Isi

-

Tipe Media

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Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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