Pembuktian Kreditor Lain dalam Permohonan Penundaan Kewajiban Pembayaran Utang (Studi Putusan No. 42/Pdt.Sus-Pkpu/2021/Pn.Niaga.Mdn)

Abstract

Filing a bankruptcy petition can be done by the creditor or debtor themselves. A decision on this application must be issued within 60 days of filing. However, debtors in good faith can submit a request for Postponement of Debt Payment Obligations (PKPU) before the bankruptcy decision. PKPU is a peace plan that gives debtors the opportunity to restructure their debts, including paying part or all of their debts to concurrent creditors. Based on the background description above, the problem in this research can be formulated as follows: why does a bankruptcy petition require more than one creditor, what are the arrangements for proving the existence of other creditors in a request for postponing debt payment obligations, and how do other creditors prove in a request for postponing payment obligations? debt related to Commercial Court Decision No. 42/Pdt.Sus-PKPU/2021/PN.Niaga.Mdn. The research method used in this research is normative juridical research, which is supported by primary data sources and secondary data, and qualitative analysis is carried out. The results of the research and discussion are that in the application for a bankruptcy declaration, it is important to fulfill the requirements set out in Article 2 paragraph (1) of Law Number 37 of 2004, where the debtor must have two or more creditors and at least one debt that has expired. due has not been paid. Furthermore, proof of the existence of other creditors in a request for postponement of debt payment obligations is regulated in Article 222 paragraph (1) and paragraph (3) which allows creditors to submit a request for postponement if they believe that the debtor cannot continue paying debts that are due. Decision Number 42/Pdt.Sus-PKPU/2021/PN Niaga Medan underlines the importance of considering these two requirements in PKPU cases. So, the judge must ensure that the statutory requirements have been met before making a decision.