Kewenangan Pengadilan Niaga dalam Memeriksa dan Mengadili Permohonan Pailit Yang Diajukan Mantan Pekerja Pasca Surat Edaran Mahkamah Agung No. 2 Tahun 2019 (Studi Putusan No. 5/Pdt.Sus-Pailit/2024/PN Niaga Mdn)

Abstract

This research is based on Decision No. 5/Pdt.Sus-Pailit/2024/PN Niaga Mdn, which declared PT Libra Agrotaman Asri bankrupt following a petition filed by its former employee, but without being preceded by a decision from the Industrial Relations Court. Therefore, the author analyzes this legal event with the following research questions: what is the authority of the Commercial Court in a bankruptcy case filed by a former employee, what is the mechanism for filing a bankruptcy petition by a former employee after the issuance of the Supreme Court Circular No. 2 of 2019, and what is the legal analysis of a bankruptcy petition filed by a former employee to the Commercial Court in the context of Decision No. 5/Pdt.Sus Pailit/2024/PN Niaga Medan. The type of research used in this research is normative juridical legal research using secondary data. The research writing is descriptive and uses a statute approach and case approach by using the regulations that apply to the legal events that occur and the regulations that apply at this time. This research leads to the following conclusions: First, the Commercial Court has the authority to issue a decision on a bankruptcy petition by a former employee, because the former employee is a preferred creditor. Second, if a former employee wishes to file a bankruptcy petition, it must be preceded by an industrial relations court decision first, then if the decision is not implemented until the second aanmaning stage, they can file a bankruptcy petition. Third, that the Applicant has a position as a preferred creditor, but has not yet obtained a decision from the industrial relations court, therefore, it does not fulfill one of the requirements to file a bankruptcy petition.