{"title":"法院对债务人申请撤销PKPU判决的司法分析","authors":"Nandi Pratama, Mohamad Fajri Mekka Putra","doi":"10.30595/kosmikhukum.v23i1.16969","DOIUrl":null,"url":null,"abstract":"The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. This study applies a normative juridical research method that makes court decisions as primary legal material and occupies a position after legislation. The primary legal data or materials analyzed in this study are court decisions, namely Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst dated April 12, 2021 and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Based on this research, it can be concluded that the application submitted by the debtor in the revocation of the Suspension of Debt Payment Obligations is appropriate because the revocation of the Suspension of Debt Payment Obligations is carried out by the Court based on the provisions stipulated in Article 295 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement Obligation for Payment of Debt, so that the Central Jakarta District Court has the authority to revoke the Suspension of Obligation for Payment of Debt at the request of the debtor.Keywords: Postponement of Debt Payment Obligations; Revoke PKPU; Bankruptcy; Commercial Court.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"5 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor\",\"authors\":\"Nandi Pratama, Mohamad Fajri Mekka Putra\",\"doi\":\"10.30595/kosmikhukum.v23i1.16969\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. 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引用次数: 0
摘要
本研究的目的是了解法官在被确定为暂停偿债的债务人的请求下,撤销延迟偿债义务时的考虑是如何的,但有发现的延迟偿债管理团队的计算表明债务人的资产(Activa)仍然较大。债务(责任),以要求法院撤销暂停偿债义务。此外,有必要了解债务人和债权人对第53/ pd . su - pkpu /2021/PN.Niaga.Jkt.Pst号决定的法律影响。本研究采用规范的法学研究方法,将法院判决作为主要法律资料,并在立法后占有一席之地。本研究分析的主要法律数据或材料为法院判决,即判决号:53/ pdt . su - pkpu /2021/PN.Niaga.Jkt。2021年4月12日的Pst和2004年关于破产和暂停偿债义务的第37号法。基于本研究,可以得出结论,债务人在撤销暂停偿债义务中提出的申请是适当的,因为暂停偿债义务的撤销是由法院根据2004年第37号法关于破产和延期偿债义务的第295条第(1)款的规定进行的。以便雅加达中央地区法院有权应债务人的请求撤销暂停偿还债务的义务。关键词:延期偿债义务;撤销PKPU;破产;商业法庭。
Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor
The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. This study applies a normative juridical research method that makes court decisions as primary legal material and occupies a position after legislation. The primary legal data or materials analyzed in this study are court decisions, namely Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst dated April 12, 2021 and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Based on this research, it can be concluded that the application submitted by the debtor in the revocation of the Suspension of Debt Payment Obligations is appropriate because the revocation of the Suspension of Debt Payment Obligations is carried out by the Court based on the provisions stipulated in Article 295 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement Obligation for Payment of Debt, so that the Central Jakarta District Court has the authority to revoke the Suspension of Obligation for Payment of Debt at the request of the debtor.Keywords: Postponement of Debt Payment Obligations; Revoke PKPU; Bankruptcy; Commercial Court.