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HAK UPAYA HUKUM KASASI BAGI DEBITUR DALAM PERKARA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 23/PUU-XIX/2021)
In PKPU cases, legal recourse is important because PKPU decisions can potentially cause material losses for debtors. Although the submission of a peace plan is supposed to help debtors avoid bankruptcy, the absence of legal recourse is often misused by dishonest creditors to reject the peace plan and force debtors into bankruptcy. In the case of PT Sarana Yeoman Sembada, the submission of legal recourse was denied because Articles 235 paragraph (1) and 293 paragraph (1) of the UUK PKPU state that no legal recourse is available against a PKPU petition. This absence of legal recourse was considered to violate good faith and harm debtors, leading to a judicial review petition to the Constitutional Court. The Constitutional Court then issued Decision Number 23/PUU-XIX/2021, which allows for cassation against PKPU decisions, changing PKPU procedural law and introducing regulatory reforms in the UUK PKPU. The UUK PKPU aims to provide legal protection not only to creditors but also to debtors, in accordance with the principles of balance and justice. This research uses library research with a normative juridical and descriptive analytical approach. The legal materials used in this research include: 1) primary legal materials consisting of: Supreme Court Decisions, Supreme Court Decree Number 109/KMA/SK/IV/2020 concerning the Guidelines for Resolving Bankruptcy and Suspension of Debt Payment Obligations Cases; 2) secondary legal materials in the form of books, articles, or journals. The theories used in this research are legal protection theory and legal purpose theory. The results of this research show that the Constitutional Court Decision Number 23/PUU-XIX/2021 provides a significant change in bankruptcy law, particularly concerning situations where a peace plan proposed by a debtor is rejected by creditors and leads to a bankruptcy decision, which previously, according to Articles 235 paragraph (1) and 293 paragraph (1) of Law No. 37/2004, could not be subject to any legal recourse, now opens the opportunity for cassation and The considerations of the Panel of Judges in Constitutional Court Decision Number 23/PUU-XIX/2021 clearly reflect the principles of justice and balance, which are fundamental foundations in the formation of the Law on Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU). The principle of balance, as a means to achieve justice, is realized through the equal granting of rights, rather than the absolute equalization of rights. Consequently, debtors now have the right to request a review of bankruptcy decisions, specifically to prevent the possibility of bad faith from other parties that could harm the debtor. In parallel, creditors are still given the opportunity to defend their rights and present arguments regarding the debt that must be paid by the debtor.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
HAK UPAYA HUKUM KASASI BAGI DEBITUR DALAM PERKARA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 23/PUU-XIX/2021) (Text)
HAK UPAYA HUKUM KASASI BAGI DEBITUR DALAM PERKARA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 23/PUU-XIX/2021) (Other)
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