PEMBATALAN PERDAMAIAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR PEMBATALAN PERDAMAIAN/2016/PN.NIAGA.JKT.PST JO NOMOR 8/PDT.SUS-PKPU/2015/PN.NIAGA.JKT.PST
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Institusion
Universitas Sriwijaya
Author
EFENDI SIMBOLON (STUDENT ID : 02012681620030)
Joni Emirzon (LECTURER ID : 0017066603)
Annalisa Yahanan (LECTURER ID : 0025106204)
Joni Emirzon (LECTURER ID : 0017066603)
Annalisa Yahanan (LECTURER ID : 0025106204)
Subject
K1000-1395 Commercial law
Datestamp
2019-10-04 07:55:25
Abstract :
This thesis discussed the cancellation of peace in Postponement of Debt Payment Obligation (PKPU) filed by PT. Bank Jturst Indonesia Tbk (creditor) against PT. Suharli Malaya Lestari, Indra Lesmana Suharli, Herawan Suharli, and Indriyani Suharli (debitor), as the debtors did not comply with the agreed peace content in the Delay of Obligation of Payment of Debt (PKPU). The purpose of this thesis is to analyze the clear, detailed, and systematic judges' consideration of the cancellation of peace and the role of administrators in the implementation of peace. This thesis used normative research which aims to generate new argumentation, theory, or concept as prescriptions in solving problems encountered, using deductive thinking logic. From the result of the research, it can be concluded that the injustice in the Central Jakarta Commercial Court Decision Number 2 / Pdt.Sus-Cancellation of Peace / 2016 / PN. Commerce. Jkt.Pst Jo Decision Number 8 / Pdt.Sus-PKPU / 2015/ PN. Commerce. Jkt. because, the judge did not give an answer in his verdict on one of the demands of the debtors who have been in good agreement in fulfilling the verdict of the endorsement of peace (homologation), and the Management on the implementation of peace in the Delay of Obligation of Debt Payment (PKPU) prior to the Decision of Peace Commandment of Central Jakarta Commercial Court Number 2 / Pdt.Sus-Cancellation of Peace / 2016 / PN. Commerce. Jkt.Pst. has taken steps by restructuring debt and reorganizing the company. The suggestion in this thesis is that the judge should not be like a funnel of law that only consider the deadline of peace agreement in PKPU, but always must consider the condition and effort which has been made by the debtor in order to pay its debts and the role of the board in the implementation of peace in PKPU is still very limited, should the board also be given the authority to assess and offer to creditors and judges, in order to extend the time of peace agreement in PKPU.
This thesis discussed the cancellation of peace in Postponement of Debt Payment Obligation (PKPU) filed by PT. Bank Jturst Indonesia Tbk (creditor) against PT. Suharli Malaya Lestari, Indra Lesmana Suharli, Herawan Suharli, and Indriyani Suharli (debitor), as the debtors did not comply with the agreed peace content in the Delay of Obligation of Payment of Debt (PKPU). The purpose of this thesis is to analyze the clear, detailed, and systematic judges' consideration of the cancellation of peace and the role of administrators in the implementation of peace. This thesis used normative research which aims to generate new argumentation, theory, or concept as prescriptions in solving problems encountered, using deductive thinking logic. From the result of the research, it can be concluded that the injustice in the Central Jakarta Commercial Court Decision Number 2 / Pdt.Sus-Cancellation of Peace / 2016 / PN. Commerce. Jkt.Pst Jo Decision Number 8 / Pdt.Sus-PKPU / 2015/ PN. Commerce. Jkt. because, the judge did not give an answer in his verdict on one of the demands of the debtors who have been in good agreement in fulfilling the verdict of the endorsement of peace (homologation), and the Management on the implementation of peace in the Delay of Obligation of Debt Payment (PKPU) prior to the Decision of Peace Commandment of Central Jakarta Commercial Court Number 2 / Pdt.Sus-Cancellation of Peace / 2016 / PN. Commerce. Jkt.Pst. has taken steps by restructuring debt and reorganizing the company. The suggestion in this thesis is that the judge should not be like a funnel of law that only consider the deadline of peace agreement in PKPU, but always must consider the condition and effort which has been made by the debtor in order to pay its debts and the role of the board in the implementation of peace in PKPU is still very limited, should the board also be given the authority to assess and offer to creditors and judges, in order to extend the time of peace agreement in PKPU.
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RAMA_74101 _02012681620030.pdf
RAMA_74101 _02012681620030_0017066603_0025106204_ 01_front_ref.pdf
RAMA_74101 _02012681620030_0017066603_0025106204_ 02.pdf
RAMA_74101 _02012681620030_0017066603_0025106204_ 03.pdf
RAMA_74101 _02012681620030_0017066603_0025106204_ 04.pdf
RAMA_74101 _02012681620030_0017066603_0025106204_ 05.pdf
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