LEGAL POSITION OF CREDITORS WHO HAVE CIVIL EXECUTION RIGHTS IN THE IMPLEMENTATION OF THE HOMOLOGIZED PEACE DEED DECISION
In essence, every debt must be paid. For debts that are overdue, execution can be carried out upon the creditors' request through bankruptcy proceedings. The Bankruptcy Law (UU KPKPU) provides an opportunity for the submission of a settlement, which serves as a solution allowing the debtor to responsibly settle all debts. A legal issue in the execution of bankruptcy law arises in the context of the Coal Planning and Mining Corporation's legal efforts to claim its right to the debt owed by PT Asia Pacific Fiber (formerly PT Polysindo Eka Perkasa). This research employs three theories as analytical tools: the welfare state theory, the theory of justice, and bankruptcy law theory. The study is normative legal research with approaches including the Statute Approach, Case Approach, and Conceptual Approach. The data used are secondary data, comprising primary, secondary, and tertiary legal sources. The analysis technique used is a library study (law in books) analysis technique. The objectives of this research are to conclude: The position and legal recourse of creditors not included in the homologated settlement under the UU KPKPU framework, based on paritas creditorium, are the same. The bankruptcy legal regime and the parties involved in bankruptcy proceedings have operated in accordance with legal principles, which need to be evaluated for the benefit of the parties involved in bankruptcy law, and the principle of lex specialist derogate legi general does not apply or terminates after the homologated settlement and bankruptcy end, as bankruptcy conditions will conclude once a settlement agreement has been agreed upon and homologated.
Creditor Law, Civil Execution Rights, Peace Deeds, Homologation.