ESTABLISH HOMOLOGICAL PEACE RATIFICATION IN BANKRUPTCY LAW WITH LEGAL CERTAINTY
Rikwanto, 2023. Doctoral Program in Law, Diponegoro University, Semarang. “Building a Homological Peace Agreement in Bankruptcy Law with Legal Certainty” This study aims to examine 1) Empirical problems: why there are many lawsuits for cancellation of bankruptcy peace agreements after they are ratified by commercial judges and what are the empirical reasons submitted by plaintiffs for filing claims for cancellation of bankruptcy peace? ; 2) Juridical question: does the claim for cancellation of the peace agreement after it has been passed by a judge have a juridical basis and what are the legal consequences if the peace agreement is canceled? ; 3) The idealist question: how to build a more legal-certainty bankruptcy peace agreement?. The research method used is an empirical juridical method with a statutory approach, a concept approach, and a case study approach. The results showed that 1) there were many claims for cancellation of bankruptcy peace agreements after the ratification by hakin niaga and what empirical reasons were submitted by plaintiffs to file claims for cancellation of bankruptcy peace. This right is because there are several peace decisions granted by judges who then apply for cancellation of the peace because the debtor runs away or does not pay his debts in accordance with the peace agreement proposed by the creditor. 2) A claim for cancellation of a peace agreement after being ratified by a judge has a juridical basis, namely Article 171 of the UUPKPU that a claim for cancellation of peace must be filed and determined in the same way as a bankruptcy application, as referred to in Article 7, Article 8, Article 9, Article 12, Article 13. In the decision to annul the peace, according to the provisions of Article 172 paragraph (1) of Law No. 37/2004 contains an order to open bankruptcy again, with the appointment of a supervisory judge, curator, and members of the creditor committee (if previously there was a creditor committee). The legal consequence if the peace agreement is canceled is that peace can only be reached once, so that with the breach of promise that occurs peace will be void, so that bankruptcy is reopened and the bankrupt debtors can no longer submit a peace plan a second time. 3) Build a more legal-certainty bankruptcy peace agreement in accordance with the Law that provides opportunities for peace through negotiation. The debtor is given the right to submit a Composition Plan. If in good faith the Debtor company can still run as a company that is going concern, and prospective, with the approval of the Creditors the company can be executed based on the agreed Peace Agreement. Submitting a peace plan to the Creditors by a Debtor who has been declared bankrupt is an opportunity to negotiate within the time and means specified in the Law.
Establish, Treaty, Homological, Insolvency Law, Legal Certainty