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TINJAUAN HUKUM ATAS TIDAK DIJALANKANNYA ASAS KELANGSUNGAN USAHA (GOING CONCERN) DALAM KEPAILITAN PT SRITEX
The going concern principle under Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (Indonesian Bankruptcy and PKPU Law is intended as an instrument to prevent immediate liquidation and to optimize the value of the bankruptcy estate. However, this principle is regulated in a normative manner and is not accompanied by clear operational indicators, causing its implementation to largely depend on the curator’s discretion as well as the approval of creditors and the supervisory judge. This research aims to analyze the decision not to apply the going concern principle in the bankruptcy of PT Sri Rejeki Isman Tbk (PT Sritex) under the Bankruptcy and PKPU Law, as well as the legal consequences arising from such decision. This study employs a normative legal research method with statutory, conceptual, and comparative approaches, using the theories of legal certainty and legal utility as analytical frameworks. Data collection is conducted through library research, supported by interview data from relevant parties as supplementary materials. The data are then analyzed qualitatively and presented in a descriptive-analytical. The findings of this research indicate that the curator’s decision not to apply the going concern principle in the bankruptcy of PT Sri Rejeki Isman Tbk (PT Sritex) is in accordance with Article 104 paragraph (1), Article 179 paragraph (1), and Article 181 paragraph (1) of the Bankruptcy and Suspension of Debt Payment Obligations Law (UU K-PKPU). This decision is based on the curator’s lawful discretionary authority to propose or not to propose the continuation of the bankrupt debtor’s business, grounded in an assessment of the company’s financial condition, and has obtained approval from the supervising judge. Although the UU K-PKPU does not provide standardized normative indicators for determining a prospective debtor, does not mandate a going concern audit opinion, and does not explicitly regulate the involvement of independent experts or auditors, such conditions do not render the curator’s decision unlawful. The non-application of the going concern principle results in an acceleration of the asset realization and distribution process in accordance with the creditor priority system. Therefore, variations in the practical application of the going concern principle cannot be automatically regarded as violations of law, but rather as consequences of the open-ended nature of the legal norms governing bankruptcy proceedings. This study underscores the importance of formulating clearer operational guidelines to enhance legal certainty and legal utility in Indonesian bankruptcy practice.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040151 Zendy Ichsan Primananda
TINJAUAN HUKUM ATAS TIDAK DIJALANKANNYA ASAS KELANGSUNGAN USAHA (GOING CONCERN) DALAM KEPAILITAN PT SRITEX (Text)
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