Kepastian Hukum terhadap Penolakan Permohonan Penundaan Kewajiban Pembayaran Utang berdasarkan Alasan Nilai Utang Debitur (Studi Putusan Pengadilan Niaga)

Abstract

The application for Postponement of Debt Payment Obligation (PKPU) must normatively fulfill the formal and material requirements as stipulated in Article 222, jo. Article 8, paragraph (4), of the Bankruptcy and PKPU Law. However, in practice, not all applications that meet these requirements are granted, as seen in Decision Number 6/Pdt.Sus-PKPU/2024/PN Niaga Mdn and Decision Number 336/Pdt.Sus-PKPU/2022/PN Niaga Jkt.Pst which was rejected on the grounds of the insignificant value of the debtor's debt, and Decision Number 90/Pdt.Sus-PKPU/2021/PN Niaga Jkt.Pst which was granted. This research aims to examine the position of PKPU, the relevance of the application of PERMA Number 4 of 2019 concerning Simple Lawsuits to PKPU, and the legal certainty of the rejection of PKPU applications based on debt value. The method used is normative legal research supported by interviews. The nature of this research is descriptive using secondary data obtained through literature study and interview collection techniques. The results showed that the different interpretations of judges in rejecting PKPU applications and directing them to the Simple Lawsuit mechanism have the potential to cause legal uncertainty. This is because PKPU and Simple Lawsuit are different legal instruments and cannot replace each other. Juridically-normatively, the Panel of Judges should have accepted the application, even though the Bankruptcy and PKPU Law does not explicitly regulate the minimum debt value limit in filing PKPU. Therefore, to ensure legal certainty for the parties in filing a PKPU application in the future, it is necessary to regulate the insolvency test, then issue a PERMA that replaces SK MA RI No.109/KMA/SK/IV/2020 to realize uniformity in handling PKPU cases, as well as the need for education and training by the Supreme Court to commercial judges and civil judges to distinguish PKPU from Simple Lawsuits.