ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NO 23/PUU-XIX/2021 TERHADAP INVOLUNTARY PETITION DALAM LEMBAGA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG

Alfaz Auliya Ramadani, NIM.: 18103040132 (2023) ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NO 23/PUU-XIX/2021 TERHADAP INVOLUNTARY PETITION DALAM LEMBAGA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Application for Postponement of debt payment obligations is basically the right of the debtor to restructure debt, simple complexity of proof that causes multitafsirnya decisions, the absence of nebis in ideas and the absence of legal action against the Plea Decision to delay debt payment in the first level court, namely the commercial court is used as a path of bankruptcy if the application submitted by creditors then the peace plan is proposed by the debtor or does not fulfill the sound, so that the rejection is either This can be seen with the test of article 235 paragraph (1), Article 293 paragraph (1), and Article 295 paragraph (1) of Law No. 34 of 2004 on Bankruptcy and Postponement of the Debt Payment Obligations on the Constitutional Court Decision. 23/PUU-XIX/2021 against the Bankruptcy Problem due to the Postponement of the Debt Payment Obligations, but that is what needs to be highlighted is a guarantee creditor (unsecured claim) and creditors through oral agreement that is still rift in Indonesia This type of research is library research with a normative juridical approach with descriptive-analytical. The legal materials used in this research include: 1) Primary legal materials consisting of: Constitutional Court Decision Number 23/PUU-XIX/2021, Civil Code, Supreme Court Law, Supreme Court Decision Number 109/KMA/SK/IV/ 2020 concerning the Handbook for Settlement of Bankruptcy Cases and Suspension of Obligations for Payment of Debt; 2) Secondary legal materials in the form of books, articles or journals; 3) Tertiary legal materials in the form of dictionaries. The theory used in this research is the theory of legal protection, theory of justice, certainty, and legal benefits. The results of the study show that both arrangements for postponement of debt payment obligations and bankruptcy both have the same goal, namely to restore what is the right of creditors, but in the context of protecting a balanced peace, it can occur after a Constitutional Court decision is made, namely the opening of cassation in terms of reconciliation through bankruptcy and PKPU. This is a legal protection against the good faith of the debtor so that it reflects balanced justice for solvent debtors and creditors with good intentions. The cassation decision has implications for changing the status of a bankrupt debtor and the legal consequences are in accordance with the cassation principle. With the Court's decision, it is necessary to form guidelines for the evaluation of the court of first instance through cassation so that the precautionary principle is realized so that it does not only provide benefit but certainty and justice.

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