Dissenting Opinion dalam Perkara Kepailitan (Studi Putusan NO. 42/PDT.SUS-PKPU/2021/PN NIAGA MDN)

Abstract

The Commercial Court is needed to quickly resolve trade disputes, as well as resolve various bankruptcy issues. In making a decision, there are judges who have different opinions or what is often known as a dissenting opinion. A dissenting opinion is a different opinion from the majority or a different opinion of a judge in a decision, starting from legal facts, legal considerations, to a different verdict. The judge's different opinion must be included in the decision. Dissenting opinion Dissenting opinion of the panel of judges in making a court decision is the essence of the judge's personal freedom in order to find material truth. This research is normative juridical which refers to theories, doctrines, norms, principles and legal principles contained in laws and regulations as well as in court decisions. The nature of this research is descriptive analysis. This study uses secondary data as the main data consisting of primary, secondary and tertiary legal materials and is supported by primary data as supporting data. In analyzing this problem at the same time providing legal arguments put forward deductively. Based on the results of the research, it can be concluded that the difference of opinion of the judges in a panel that examines and adjudicates cases is legally justified. Differences of opinion between a judge and other judges (dissenting opinion) may occur in a case because of the autonomy of the judge's freedom in upholding an independent and independent judiciary. In Decision No. 42/Pdt.Sus PKPU/2021/PN Niaga Medan, the majority of the Panel of Judges granted the request for a temporary postponement of debt payment obligations (PKPUS) from the Petitioner. In this case there was a dissenting opinion among the three judges, in which 2 judges agreed with the granting of the request for a temporary suspension of debt payment obligations (PKPUS), while 1 judge, namely Member Judge II, disagreed with the decision. There is a dissenting opinion in decision No. 42/Pdt.Sus-PKPU/2021/PN Niaga Medan did not cause any legal consequences, but the occurrence of a dissenting opinion on the decision resulted in the emergence of positive and negative values in the justice system in Indonesia.