Kemanfaatan Hukum terhadap Upaya Hukum Putusan Penundaan Kewajiban Pembayaran Utang Pasca Putusan Mahkamah Konstitusi No.23/PUU-XIX/2021

Abstract

Constitutional Court Decision No. 23/PUU-XIX/2021 amended the provisions of Article 235 Paragraph (1) and Article 293 Paragraph (1) of UU No.37 Tahun 2004 by opening legal expediency against the Suspensions of Payment (PKPU). As a legal product that affects many parties, the Constitutional Court's decision needs to be evaluated based on its benefits. The problem formulations in writing this research are: How is the comparison of the mechanism for the Suspensions of Payment (PKPU) before and after the Constitutional Court decision No. 23 / PUU-XIX / 2021, How are the provisions of legal expediency against the the Suspensions of Payment (PKPU) verdict after the Constitutional Court decision No. 23 / PUU-XIX / 2021, and How is the study of legal expediency of legal remedies for the Suspensions of Payment after the Constitutional Court decision No.23 / PUU-XIX / 2021. The normative legal method is conducted in this research using a statutory approach and conceptual approach. This research uses secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique in writing this thesis is a literature study by analyzing and reviewing various literatures. The results of the analysis show that the Constitutional Court Decision No. 23/PUU-XIX/2021 amends the provisions of Article 235 Paragraph (1) and Article 293 Paragraph (1) of UU No.37 Tahun 2004 by allowing legal remedies against bankruptcy decisions initiated by a Suspension of Debt Payment Obligations (PKPU) petition. With its final and binding nature applicable to the entire society, Constitutional Court Decision No. 23/PUU-XIX/2021 was analyzed in terms of its utility using the Moral Calculus proposed by Jeremy Bentham. It was found that Constitutional Court Decision No. 23/PUU-XIX/2021 provides benefits for both creditors and debtors. The recommendation from this study is to amend Article 235 Paragraph (1) and Article 293 Paragraph (1) of Law No. 37 of 2004 and to evaluate the legal utility of Constitutional Court Decisions.