Pembatalan Perjanjian Perdamaian yang telah Dihomologasi Dalam Penundaan Kewajiban Pembayaran Utang (PKPU) Studi Kasus 03/Pdt.Sus-PembatalanPerdamaian/2016/PNNiagaMdn JoNomor:10/Pdt.Sus-PKPU/2014/PNNiagaMdn

Abstract

The development of the world process will have an impact on life in various sectors, one of which is the economic sector. Business actors in the economic sector are required to always think forward for the success of the business that has been built. The formulation of the problem in this thesis is How the criteria for the default of the debtor are used as a reason for the creditor in the Postponement of Debt Payment Obligations (PKPU) in the decision of the Commercial Court Number: 03 / Pdt.Sus Cancellation of Peace / 2016 / PN Niaga. Mdn Jo Number:10/Pdt.Sus-PKPU/2014/PN Niaga Mdn, How is the legal effect on debtors and creditors with the cancellation of peace that has been homologated in the Postponement of Debt Payment Obligations (PKPU) on the decision of the Commercial Court Number:03/Pdt.Sus-Cancellation of Peace/ 2016/PN Niaga.Mdn Jo Number:10/Pdt.Sus-PKPU/2014/PN Niaga Mdn , How is the analysis of the judge's consideration and decision in deciding the cancellation of the annulment of the peace that has been homologated in the Postponement of Debt Payment Obligations (PKPU) in the decision of the Commercial Court Number: 03 / Pdt.Sus-Cancellation of Peace / 2016 / PN Niaga.Mdn Jo Number: 10 / Pdt.Sus-PKPU / 2014 / PN Niaga Mdn. Research is carried out using legal research, namely normative juridical which is descriptive analytical is research that aims to describe a state or symptom or to determine whether there is a relationship between a symptom and other symptoms. The data collection techniques used are literature studies and document studies. The results of research and discussion show that apart from the default that causes the cancellation of the peace that has been homologated is that the debtor does not pay compensation for management services in the PKPU process determined by the Court Judge, after the PKPU ends and must be paid in advance from the debtor's property (Article 263 of Law Number 37 of 2004 concerning Insolvency and PKPU: the reward for services for experts appointed and determined by the Supervising Judge and must be paid in advance from the debtor's property and Article 285 Paragraph (2) letter d, namely: The court shall refuse to ratify the peace, if the remuneration of services and costs incurred by the expert and administrator has not been paid or no guarantee for payment is given).