KEABSAHAN KEWENANGAN KURATOR DALAM MEMBUAT PERJANJIAN PERDAMAIAN SETELAH GAGALNYA PKPU DAN DEBITOR DINYATAKAN PAILIT (Contoh Kasus: Putusan No.486 PK/Pdt/2018)
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引用次数: 0
Abstract
Debt is something that is common in the business world. This loan must be approved in accordance with the period agreed upon by the parties. Loans given by Creditors to Debtors are carried out with approval.If within a predetermined time limit, the Debtor has not been able to repay the loan, the Debtor may request approval for Delaying Obligations of Debt Payment or PKPU. However, in this study, PKPU failed to do PT. Dewata Royal International was immediately bankrupt. After the bankruptcy was read out by the Court, Curator was appointed, Swandy Halim. Swandy Halim in carrying out his duties as a Curator has made a Peace Agreement with Rustandi Jusuf as the Managing Director of PT. Dewata Royal International. In UUK, PKPU approved the Curator's task was to bankrupt and not make a Peace Agreement, especially with the Bankrupt Debtor, because it was the Debtor with his Kreditors who made the Peace Agreement.The research method used by the author is normative legal research that focuses on the use of secondary data using descriptive analytical specifications. Then, the analysis of the data used by the author is qualitative research.In this study, conclusions were obtained about the Curator being able to make a Peace Agreement with a bankrupt Debtor as long as the above mentioned Peace Agreement is from bankrupt assets so as not to cause a loss to the bankrupt property. then, the Peace Agreement made by Curator Swandy Halim was then approved legally.
债务在商业世界中很常见。这笔贷款必须按照双方约定的期限获得批准。债权人向债务人提供的贷款是经批准的。如果在预定期限内,债务人仍不能偿还贷款,债务人可以申请批准延期偿债义务或PKPU。然而,在这项研究中,PKPU未能做到PT, Dewata Royal International立即破产。法院宣布破产后,任命斯旺迪·哈利姆为馆长。Swandy Halim在履行他作为策展人的职责时,与Rustandi Jusuf作为PT. Dewata Royal International的总经理达成了和平协议。在英国,PKPU批准管理人的任务是破产,而不是达成和平协议,特别是与破产的债务人,因为是债务人与他的债权人达成了和平协议。作者使用的研究方法是规范性法律研究,侧重于使用描述性分析规范的二手数据。然后,作者使用的数据分析是定性研究。在本研究中,得出的结论是,只要上述和平协议来自破产资产,管理人就可以与破产债务人签订和平协议,以免对破产财产造成损失。之后,策展人Swandy Halim所达成的《和平协议》在法律上得到了批准。