Akibat Hukum Lelang Hak Tanggungan Setelah Putusan Homologasi Perdamaian Dalam Kepailitan (Studi Putusan No. 813/PDT/2024/PT. Sby)

Abstract

The mechanism of Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang, or PKPU) and the homologation of a composition plan serve as vital instruments in resolving bankruptcy issues. However, in practice, legal problems persist when secured creditors execute their mortgage rights even after the homologation verdict has been issued. This study examines the case of PT Polowijo Gosari, in which PT Bank Raya Indonesia Tbk proceeded with the auction process of collateral through KPKNL Surabaya despite the composition plan having been homologated. The legal issues discussed include: the legal consequences of homologated accords in bankruptcy; the legal status of a homologation verdict in binding secured creditors who opposed the composition plan; and the judicial considerations in Decision No. 813/PDT/2024/PT. SBY. This research adopts a normative juridical method with statutory and conceptual approaches through doctrinal legal studies. Data were collected from primary, secondary, and tertiary sources and analyzed qualitatively. The results of the study indicate that a homologation decision has a universally binding and final legal effect pursuant to Article 286 of Law No. 37 of 2004, which leads to the automatic termination of PKPU status. Although normative ambiguities exist regarding the binding nature of homologation on secured creditors, they remain bound by such decisions under certain limitations. The Surabaya High Court Decision No. 813/PDT/2024/PT.SBY correctly annulled the auction due to formal defects and its contradiction with the homologation verdict, affirming that KPKNL is also obliged to comply with such a verdict. This ruling provides an important precedent in reinforcing legal supremacy and legal certainty in debt resolution through the PKPU mechanism.