Cancellation Cancellation of Peace in Insolvency Cases of KSPPS BMT CSI Syariah Sejahtera

DOI

10.2991/978-2-38476-164-7_47How to use a DOI?

Keywords

Bankruptcy; Cancellation of Peace; Cooperative; Homologation; PKPU

Abstract

Homologation is ratification by a judge of a peace agreement between the debtor and the creditor to end bankruptcy. Peace (akkoord) in this stage is the most important PKPU stage, because in the peace plan the debtor will offer peace to the creditor. The bankruptcy decision reviewed in this research is the Verdict Number: 40/Pdt.Sus Pembatalan Perdamaian/2022/PN.Niaga.Jkt. Pst. Jo. Number 35/Pdt.Sus-PKPU/2017/PN.Niaga.Jkt. Pst. regarding the request for annulment of homologation between the party of prosecutors and KSPPS BMT CSI SYARI’AH SEJAHTERA, by discussing the judge’s legal considerations and its legal consequences. Based on this, the type of research used is normative juridical with a case approach. The research specifications are analytical descriptive. The data used is secondary data taken by way of literature study and documentation study. The data is analyzed qualitatively. The results of the study stated that the judge’s decision was in accordance with the provisions in Article 170 paragraph (1) of UU No. 37 of 2004. A result for canceling a homologation is the debtor loses his rights to manage and control all assets included in the bankruptcy estate starting from the date of the verdict. However, in terms of determining bankruptcy for the cooperative body, it is necessary to consider the meeting of cooperative members with efforts to submit proposals from cooperative members in accordance with the provisions in UU No. 25 of 1992 concerning Cooperatives. Also, it is necessary for creditors and debtors to cooperate for their business.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Arel Raghib Najmuddin
PY  - 2023
DA  - 2023/12/21
TI  - Cancellation Cancellation of Peace in Insolvency Cases of KSPPS BMT CSI Syariah Sejahtera
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 517
EP  - 527
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_47
DO  - 10.2991/978-2-38476-164-7_47
ID  - Najmuddin2023
ER  -