CD Tesis

kemampuan debitur dalam pemenuhan kewajiban pada masa pra-permohonan pencabutan pkpu berdasarkan asas itikad baik

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Suspension of Debt Payment Obligations (PKPU) is a legal instrument that provides good faith debtors with an opportunity to restructure their debts and avoid bankruptcy. One important feature of PKPU is the debtor's right to request the revocation of PKPU based on Article 259 paragraph (1) of the Bankruptcy and PKPU Law. This research aims to analyze the interpretation of the good faith principle in the debtor's ability to fulfill obligations during the pre-PKPU revocation request period and to understand the debtor's ability to fulfill obligations during the pre-PKPU request period based on the good faith principle.
This research employs normative legal research methods (doctrinal legal research) with a statute approach, conceptual approach, and case approach. Data sources consist of primary legal materials including Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Civil Code, and commercial court decisions; secondary legal materials including books, legal journals, and research results; and tertiary legal materials including legal dictionaries and encyclopedias. Data collection was conducted through literature study and analyzed qualitatively using descriptive-analytical methods through several stages.
The research findings indicate that the interpretation of the good faith principle in the debtor's ability to fulfill obligations during the pre-PKPU revocation request period encompasses interrelated objective and subjective dimensions. The objective dimension includes financial capacity that can be measured through insolvency parameters (cash flow test and balance sheet test), while the subjective dimension includes transparency, honesty, seriousness, and constructive cooperation with creditors. Inconsistency in court decisions, as evident in the differences between Decision Number 226/Pdt.Sus-PKPU/2023/PN Niaga Jkt.Pst which rejected the revocation request and Decision Number 9/Pdt.Sus-PKPU/2023/PN.Niaga.Mks which granted it, proves the absence of standardized criteria in interpreting the good faith principle, thus its application still depends on the subjective considerations of judges in each case. The debtor's ability to fulfill obligations during the pre-PKPU request period based on the good faith principle must be assessed through comprehensive standards covering ten aspects: objective financial capacity, transparency and honesty, seriousness and commitment, constructive cooperation, legal compliance, intention to continue business operations, consistency of actions, management transparency, fairness to creditors, and consideration of public interest. The application of consistent standards will provide legal certainty for all parties and ensure that PKPU is utilized by good faith debtors.
Keywords: Revocation of PKPU, Good Faith, Debtor, Financial Capacity, Insolvency

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2310246516

Penerbit

Pekanbaru : UNRI – PASCA – Ilmu Hukum., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2310246516

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

Rahmat

Versi lain/terkait

Lampiran Berkas

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