Doktrin Going Concern dalam Proses Kepailitan berdasarkan Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU (Studi Putusan Nomor 1434k/Pdt.Sus-Pailit Jo. 153/Pdt.Sus/Pkpu/2020/Pn.Niaga.Jkt.Pst)

Abstract

The going concern doctrine is a fundamental principle in accounting and bankruptcy law, which assumes the continued operation of a business entity despite financial distress. This study examines the application of the doctrine within the context of Indonesian bankruptcy law, as governed by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU).

With a case study of Supreme Court Decision Number 1434 K/Pdt.Sus- Pailit/2020 jo. 153/Pdt.Sus/PKPU/2020/PN.Niaga.Jkt.Pst. The research employs a normative legal method with a qualitative approach, involving analysis of primary, secondary, and tertiary legal materials related to the going concern doctrine and the bankruptcy process.

The findings indicate that the going concern doctrine is implicitly regulated in the Bankruptcy and PKPU Law, particularly in Articles 104 and 179 paragraph (1). The case study of PT Plaza Adika Lestari (PT PAL) reveals that although the Supreme Court rejected the composition plan due to procedural violations, the going concern principle was still implemented through a third-party acquisition that transformed Plaza Atrium into Millennium Mall. This research concludes that the going concern doctrine plays a strategic role in bankruptcy proceedings by maintaining the viability of debtors with economic potential. However, clearer legal provisions and better synergy among legal, accounting, and management aspects are needed to ensure its effective implementation.