Akibat Hukum Kepada Debitur Terkait Pembatalan Perjanjian Perdamaian Penundaan Kewajiban Pembayaran Utang (PKPU) PT Karya Utama Sehat Sejahtera (Studi Putusan Nomor 663 K/PDT.SUS.PAILIT//2023)

Abstract

The company is facing collectible and due debts, and creditors realize the company is experiencing financial difficulties, so there are several steps that can be taken to settle the debt. One of the steps that is generally taken is to apply for a Suspension of Debt Payment Obligations (PKPU). As for Decision Number 663 K/Pdt.Sus-Bankruptcy/2023, PT Karya Utama Sehat Sejahtera filed an appeal against the Commercial Court's decision at the Medan District Court. The Court annulled the Commercial Court Decision at the Medan District Court Number 1/Pdt.Sus-Cancellation of Peace/2023/PN Niaga Mdn juncto Number 4/Pdt.Sus-PKPU/2022/PN Niaga Mdn which was handed down on March 28, 2023. The method used in writing this thesis is a normative juridical research method, which is carried out by examining and analyzing existing materials or literature such as laws and regulations, the views of experts, legal doctrines and related legal systems, this research has an analytical descriptive nature. The results of the study found that the Suspension of Debt Payment Obligations is an effort to negotiate how to pay debts by providing a peace plan for all or part of the debts owned by the Debtor. The cancellation of PKPU peace is regulated in article 291 of Law Number 37 of 2004 concerning Bankruptcy and PKPU. The legal consequence of the cancellation of the peace agreement on the debtor's obligation to carry out the debt payment obligation is the non-implementation of the legal agreement of the peace agreement which will cause the debtor to be declared injured in the promise and then requested by the creditor to be bankrupt. The legal consequence of the cancellation of the peace agreement on the debtor's obligation to carry out the debt payment obligation is the non-implementation of the legal agreement of the peace agreement which will cause the debtor to be declared injured in the promise and then requested by the creditor to be bankrupt. Analysis of the Judge's considerations and decisions regarding the cancellation of the peace agreement in decision number 663 K/PDT. SUS-PAILIT/2023 is the Supreme Court concluding that the Medan Commercial Court has erred in applying the law. This is related to the termination of the peace agreement that has been ratified, although it is still in the cassation process by other creditors. Thus, the Medan Commercial Court is considered to have erred in interpreting the relevant legal provisions.