Pembuktian Sederhana Pada Permohonan Penundaan Kewajiban Pembayaran Utang (PKPU) Terhadap Lebih Dari Satu Debitor Sebagai Termohon
Raja Usul Adrian Simarmata, Herliana, S.H., M.Com.Law., Ph.D
2023 | Tesis | S2 Magister Hukum Litigasi
This research aims to determine and analyze meaning simple proof on the application of suspension debt payment obligation towards (PKPU) more than one debtor as the respondant. This research also aims to determine and analyze boundaries of acceptance or rejection application of suspension debt payment obligation towards more than one debtor as the respondant.
This research is a normative legal research. The research was conducted by library materials, secondary legal materials and tertiary legal materials. The method for collecting library research data using secondary data is carried out using the documentation method. Data collection tool is done by document study. The data that has been collected was analyzed qualitatively.
The results of this research indicate that there are differences in the meaning of the simple proof requirements in Article 8 paragraph (4) of the Bankruptcy and Suspension of Debt Payment Obligation Law (UUKPKPU) by the Panel of Judges who examine and adjudicate the PKPU application against more than one debtor as the Respondent. Several Panels of Judges considered the legal relationship between each debtor requested by PKPU to reject the PKPU application and linked to Article 8 paragraph (4) of the UUKPKPU. There are at least 4 (four) Boundaries that can be considered for accepting a PKPU application against more than one debtor as the respondent. These boundaries are that the debtor is proven to have more than one creditor, the debtor has debts that are past due and collectible, the application is proven simply based on Article 8 paragraph (4) UUKPKPU and each debtor is proven to have a legal relationship or connection with debt to creditors.
The conclusion of this research is that simple proof should be interpreted as contained in Article 8 paragraph (4) UUKPKPU. Judges must also pay attention to the limitations in being able to accept PKPU applications submitted against more than one debtor. The suggestion in this research is for the Panel of Judges to pay attention to the interpretation of simple evidence and for the government to pay attention to the simple evidence provisions in the UUKPKPU to obtain updates.
Kata Kunci : PKPU, Debitor, Pembuktian Sederhana