Analisis Yuridis Permohonan Kepailitan oleh Kreditor Konkuren (Studi Putusan No. 76/Pdt.Sus-PKPU/2022/Pn Niaga Sby

Sari, Mitha Kurnia (2025) Analisis Yuridis Permohonan Kepailitan oleh Kreditor Konkuren (Studi Putusan No. 76/Pdt.Sus-PKPU/2022/Pn Niaga Sby. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Debt agreements often cause problems that cannot be resolved using ordinary civil procedural law, so the government has issued Law No. 37 of 2004 concerning Bankruptcy and PKPU. Bankruptcy is a condition in which the Debtor's assets are subject to general confiscation, while PKPU is an effort to restructure the Debtor's debt so that it does not become a Bankrupt Debtor. PKPU is divided into Temporary PKPU and Permanent PKPU. The granting of Permanent PKPU must be based on the quorum as regulated in Article 229 paragraph (1) of the UUKPKPU. The research method used is normative juridical with primary legal materials in the form of laws and regulations and secondary legal materials in the form of previous literature. In this study, the author formulates what is the basis for the judge's considerations in deciding the case of Decision No. 76/Pdt.Sus-PKPU/2022/PN Niaga Sby and the legal consequences for concurrent creditors in decision No. 76/Pdt.Sus-PKPU/2022/PN Niaga Sby. The results of the study show that the Panel of Judges granted a Permanent PKPU not based on the quorum of Article 229 paragraph (1) of the UUKPKPU and Concurrent Creditors have an advantageous position during the PKPU but their receivables are paid last after other types of creditors when settling the bankrupt's assets.

Item Type:

Thesis (Undergraduate)

Contributors: