Postponement of Debt Payment Obligations of Separate Creditors Related to the Entry of New Investors that Override the Validity of the Creditors' Meeting (Case Study of Judgment of Reconsideration Number 6 PK/PDT.SUS-PAILIT/2015)
Year: 2025
Type: article
Abstract: This study aims to analyze how the PKPU settlement of Separate Creditors by the Judge related to the waiver of the validity of the Creditors' Meeting due to the entry of new investors in the case of Judicial Review decision number 6 PK/PDT.SUS-PAILIT/2015 and how legal protection for Separate Creditors related to the issue of new investors in the PKPU process that provides justice and legal certainty. The approach method in this research is normative juridical. The research specifications used are descriptive analytical. The data source consists of secondary data which is divided into primary and secondary legal materials. Data collection used is literature, documentary. Based on the approach, it can be concluded that the actions of the Judge in extending the peace plan should follow the quorum and voting procedures in accordance with 281 paragraph (1) b Jo 285 of the Bankruptcy and PKPU Law should not be able to extend the peace plan, where Justice and Legal Protection for separatist creditors are not realized when the extension of the peace plan is carried out because the right of execution cannot be exercised in accordance with Article 55 paragraph (1) of the Bankruptcy and PKPU Law.
Authors: Wesly Erikson Siahaan, Iwan Erar Joesoef
Institution: Universitas Pembangunan Nasional Veteran Jakarta
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411354355