ANALISIS TERHADAP PENOLAKAN PERDAMAIAN PADA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) OLEH KREDITUR SEPARATIS DALAM PERKARA KEPAILITAN (Studi Terhadap Perdamaian PT. Maja Agung Latexindo dan PT. BRI Cabang Putri Hijau Medan)
ABSTRACK: Suspension of Debt
Payment is a certain period of time that is given toborrowers who can not pay
off debts thathave on due time or matured and can be billed, to submit a plan
and negotiate to creditors. The peace in negotiation in PKPU ever happened to
PT Maja Supreme Latexindo (PT MAL) proposed by one of theunsecured creditors
namely Erwito. PT.MAL has a debt owed to unsecured creditors and creditors
separatist, but one of the separatistcreditors, namely PT. BRI, Putri HijauMedan
branch did not agree with the peaceagreed upon by the other creditors by reasonthat
the peace in violation of Article 285Verse 2 part a, b, and c, 2 of Verse 281
ofLaw No. 37 of 2004 concerning with Bankruptcy and PKPU ( UUK and PKPU ). The
objectives of this paper were, firstly to determine the application process of
PKPU request by Erwito and peaceproposed by PT . PT MAL against unsecured creditors.
Secondly, to determine and analyze the reasons for the PT.BRI to rejectpeace
proposed by PT . MAL. Thirdly, to know peace settlement efforts on PKPUbetween
PT . BRI Putri Hijau Medan Br\qanch and PT . MAL . This type ofresearch was
normative juridical research. The conclusions drawn in this studywere firstly,
the application submitted byErwito was in conformity with the requirement of
the request PKPU namelyArticle 222 Verse 1 and 3 of UUK andPKPU and peace
proposed by PT . MAL was in conformity with Article 281 UUK and PKPU. Secondly,
the reason of PT BRI to reject peace agreed upon by debtor andother creditors
referring to Article 285 ,verse 2 a, b and c were not proven. Thirdly, the
legal effort to do by PT BRI was to declare the debtor bankrupt if PT. MAL can not
implement the agreement contents asstipulated in Article 255 Verse 1 of the UUK
and PKPU and can apply for bankruptcy if it fulfills Article 2 Verse 1 of the
UUK andPKPU. PT. BRI can also take legal actions to file an application in a
civil case if the debt PT . MAL to PT BRI Putri Hijau Medan branch have not
been paid. The suggestions to pose by the author is as follows. Firstly, for
businessdoers, especially before applying for a declaration of bankruptcy
should have enough knowledge about PKPU . Secondly , the judges verdict should
explain the reason that the proposal is contrary to UUHT and peace achieved
because of the conspiracy. Thirdly, bankruptcy regulation should provide an
explanation of Article 285 , verse 2 , part b and c . Fourthly ,UUK and PKPU should
first set before bankruptcy. Fifthly, the parties involved should do a peace
treaty rights.
Penulis: Vida Rianita Ginting
Kode Jurnal: jphukumdd151330
