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1

Johan, Suwinto. "Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 3 (2021): 207–20. http://dx.doi.org/10.25041/fiatjustisia.v15no3.1956.

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Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is diff
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2

Aprita, Serlika, Amanda Mutia Carissa, Andini Yulia Putri, and Sabrina Sabrina. "PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG." Solusi 21, no. 1 (2023): 1–16. http://dx.doi.org/10.36546/solusi.v21i1.715.

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 The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach b
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3

Johan, Suwinto. "Material Adverse Change: An Alternative Solution to Suspension of the Debt Payment." Humaniora 11, no. 3 (2020): 211–18. http://dx.doi.org/10.21512/humaniora.v11i3.6606.

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The research aimed to provide alternative solutions with Material Adverse Change (MAC) before reaching the suspension of the debt payment obligation stage. The pandemic situation had caused many companies to experience difficulties in fulfilling their obligations, including payment obligations or debts to suppliers and creditors. If there were circumstances where the company could not fulfill its obligations, then the creditor would be able to collect through debt-restructuring to bankruptcy. The restructuring was carried out through the suspension of the debt payment obligation (Penundaan Kew
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4

Fatih Fauzan Zulfa Robbi and Rizal Rustam. "EKSEKUSI JAMINAN BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Juris 6, no. 2 (2022): 265–71. http://dx.doi.org/10.56301/juris.v6i2.589.

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The background of this research is that the imposition of a postponement of debt payment obligations makes it easier for debtors to continue paying their debts and there are also legal consequences of delaying debt payment obligations. The purpose of this study is to understand the implementation of suspension of debt payment obligations and the legal consequences of confiscation status and execution of guarantees based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Payment of Debt Obligations. This study uses a normative method by analyzing problems with laws and related lit
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5

Pratama, Nandi, and Mohamad Fajri Mekka Putra. "Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor." Kosmik Hukum 23, no. 1 (2023): 14. http://dx.doi.org/10.30595/kosmikhukum.v23i1.16969.

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The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Su
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6

Budiono, Doni. "Analisis Pengaturan Hukum Acara Kepailitan dan Penundaan Kewajiban Pembayaran Utang." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (2019): 109. http://dx.doi.org/10.36913/jhaper.v4i2.81.

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In carrying out its business, businessmen often establish a debt agreement. Debt agreements are a common thing between creditors and debtors. However, at times, it may cause a dispute between debtors who are negligent and unable to pay their debts to creditors. One of the eff orts to overcome the unpaid debt is through Bankruptcy and Postponement of Debt Payment Obligations petitioned by the debtors or the creditors. Bankruptcy is the general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the Curator under the supervision of the Supervisory Judg
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7

Putri, Lisa Balqis Mega, and Mas Anienda Tien F. "Juridic Analysis Of Revocation Of Homology For Delaying Debt Payment Obligations (Case Study between PT. X and PT. Y)." LIGAHUKUM 2, no. 1 (2021): 01–10. http://dx.doi.org/10.33005/ligahukum.v2i1.51.

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In the business world, of course, can experience ups and downs in corporate earnings. Not always the company always gets a profit, but there are times when the company suffers losses that ultimately have an impact on the velocity of money in the company. This triggers debts that must be done by the company in order to continue to run the company properly. Borrowing funds or money made by a company can be through a bank or a fellow company. If there is an agreement from the two companies, the debt-receivable transaction can run properly. There are times when companies that become debtors again
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8

Sopian, Singgih, Muhamad Abas, and Adyan Lubis. "JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST." Awang Long Law Review 6, no. 2 (2024): 514–20. http://dx.doi.org/10.56301/awl.v6i2.1195.

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Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's
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9

Fanny Gresta Nova. "Keabsahan Permohonan Pailit dan PKPU oleh Pekerja sebagai Alternatif Penyelesaian Kegagalan Pembayaran Upah." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 27, no. 01 (2025): 42–53. https://doi.org/10.24123/yustika.v27i01.6362.

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The increase in bankruptcy and The Suspension of Debt Payment Obligations (PKPU) cases in Indonesia occurs due to the failure to pay by the company, such as non-payment of debts to creditors or non-payment of workers' rights due to the company's declining financial situation. In addition, the increase in bankruptcy and The Suspension of Debt Payment Obligations cases is also supported by the requirements for filing bankruptcy applications which are very easy to fulfill. In the event that the debtor is a company, the applications for bankruptcy declaration can also be filed by workers because w
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10

Mulyanta Sembiring, Dedek, Ariman Sitompul, Rilawadi Sahputra, and Syariful Azmi. "Bankruptcy Verdict as a Legal Result of the Rejection of the Peace Plan Proposal by Creditors in the Process of Postponing Debt Repayment Obligations (PKPU)." International Asia Of Law and Money Laundering (IAML) 3, no. 4 (2025): 226–31. https://doi.org/10.59712/iaml.v3i4.111.

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The process of postponing the debt payment obligation (PKPU) lasts for 270 (two hundred and seventy) days starting from the reading of the PKPU decision. Within 270 days the debtor must prepare a peace plan in the form of a peace proposal that will be offered to the creditors to repay its debts. The peace plan or often referred to as the peace Proposal plan is not clearly regulated and detailed in Law Number 37 of 2007 on bankruptcy and delay and debt repayment obligations. The peace plan is one of the debtor's efforts to make payments on debts that have been registered by creditors, verified
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11

Abdul, Hamid, Sakti Muthia, and Winanti Atik. "Legal Certainty on the Role of Investors as White Knight in the Process of Suspension of Debt Payment Obligations." International Journal of Social Science and Human Research 08, no. 05 (2025): 2658–63. https://doi.org/10.5281/zenodo.15347752.

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The objective of this research is to analyze the legal certainty concerning the role of investors as white knights in the Suspension of Debt Payment Obligations process in Indonesia and to identify the role of such investors in rescuing companies facing financial distress under the Suspension of Debt Payment Obligations scheme. Suspension of Debt Payment Obligations serves as a legal mechanism that allows debtors the opportunity to restructure their debts. In practice, the involvement of white knight investors has emerged as a viable solution to prevent bankruptcy by providing additional capit
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12

Ramadhania, Liza Mashita. "A Dualistic Concept of Personal Guarantee Responsibility and Its Relevancy with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligation A Dualism Of Personal Guarantee Responsibility In Indonesia Bankruptcy Law." LEGAL BRIEF 12, no. 1 (2023): 22–35. http://dx.doi.org/10.35335/legal.v12i1.751.

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Indonesia's legal system recognizes the concept of personal guarantee, which is a promise or guarantee of an individual as a third party to fulfil the debtor's obligations. The concept of guarantee in Indonesia regulates the roles and responsibilities of personal guarantees if the debtor cannot pay his debts. However, the problem is a dualism in theory or approach to personal guarantee responsibility, especially in carrying out debt collection in the debt settlement process in Bankruptcy and Suspension of Debt Payment Obligations ("PKPU"). This dualism exists in the approach to justify actions
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13

Kurniati, Kurniati. "PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG UNTUK MENGHINDARI KEPAILITAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda 27, no. 4 (2021): 264–75. http://dx.doi.org/10.46839/disiplin.v27i4.73.

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Abstrak
 Penundaan Kewajiban Pembayaran Utang di Indonesia diatur dalam Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU sebagaimana diatur dalam Bab III yang terdiri dari dua bagian, yakni : Bagian Kesatu tentang Kewajiban Pembayaran Utang dan Akibatnya (Pasal 222-Pasal 264) dan Bagian Kedua : tentang Perdamaian (Pasal 265-Pasal 294). Yang menjadi permasalahan dalam skripsi ini adalah. Bagaimanakah prosedur permohonan penundaan kewajiban pembayaran utang untuk menghindari kepailitan menurut Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayar
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14

Apriyanto, Hendra, and Desni Raspita. "APPLICATION OF THE PRINCIPLES OF JUSTICE TO PKPU APPLICATIONS BY DEBTORS AND BANKRUPTCY APPLICATIONS BY CREDITORS." JILPR Journal Indonesia Law and Policy Review 6, no. 1 (2024): 192–97. https://doi.org/10.56371/jirpl.v6i1.355.

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Bankruptcy law is seen as a solution to the problem of debts and receivables that burden debtors who no longer have the ability to pay their debts to their creditors. PKPU is a period provided by law through a commercial judge's decision, during which the parties, namely creditors and debtors, are given the opportunity to discuss and agree on how to make debt payments by providing a payment plan for all or part of the debt. Request for Postponement of Debt Payment Obligations (PKPU) is a mechanism in bankruptcy law that provides an opportunity for debtors who are experiencing debt payment diff
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15

Gultom, Xander Gorga. "Menyoal Legal Standing Permohonan Penundaan Kewajiban Pembayaran Utang oleh Pemegang Polis Asuransi." Al-Adalah: Jurnal Hukum dan Politik Islam 8, no. 1 (2023): 80–96. http://dx.doi.org/10.30863/ajmpi.v8i1.3813.

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In Indonesia, the postponement of debt payment obligations (PKPU) is a certain period of time granted by law through a commercial court decision. It gives both parties opportunity to deliberate on ways of paying their debts by providing a payment plan for all or part of the debt, including to restructure the debt. The purposes of this study is to find out the arrangement of pospotnment of debt payment obligations in Indonesia and the legal standing of a policy holder in applying suspension of debt payment obligations. This study is a normative research type and use Statute Approach, Conseptual
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16

SHARAPOVA, EKATERINA, HASSAN HARB, and ASSEL INTYKBAYEVA. "Non-traditional ways of fulfilling international trade contractual obligations as a key factor in the recovery and optimization of supply chains in the context of crisis and deglobalization." ЛОГИСТИКА / LOGISTICS 3, no. 220 (2025): 44–50. https://doi.org/10.5281/zenodo.15316423.

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Annotation. The authors analyze existing and propose new promising methods of meeting obligations, such as counter-delivery, third-party payment, debt exchange, transfer of payment obligation, and resale in transit. Special attention is paid to the impact of the Covid-19 pandemic and geopolitical tensions on the choice of payment methods.
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17

Kurniawan, Itok Dwi, Pujiyono Suwadi, Soehartono Soehartono, and Acacio Fernades. "Legal Frameworks and Advocacy in Bankruptcy Restructuring: A Comparative Analysis of Financial Service Authorities in Indonesia and the United States." Indonesian Journal of Advocacy and Legal Services 7, no. 1 (2025): 255–90. https://doi.org/10.15294/ijals.v7i1.13909.

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Bankruptcy is one of the options available for debtors to resolve financial difficulties when the debtor is unable or is estimated to be unable to pay the obligations owed to the debtor's creditors which are due and billed. Everyone seeking justice must follow certain procedures, including bankruptcy and suspension of debt repayment obligations. The application for bankruptcy and suspension of debt payment obligations is the first step, followed by a decision to declare bankruptcy and suspension of debt payment obligations, as well as all legal remedies. OJK has issued a Credit Restructuring P
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18

Saputra, Rezki, Jas Yeni Triana, and Indra Afrita. "AKIBAT HUKUM TERHADAP KREDITUR DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Yustitia 11, no. 1 (2025): 86–96. https://doi.org/10.31943/yustitia.v11i1.320.

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The Postponement of Debt Payment Obligations (PKPU) filed by a creditor is a legal mechanism that allows a creditor to file a PKPU petition against a debtor suspected of experiencing financial difficulties and failing to meet their debt payment obligations on time. The purpose of this study is to examine the legal consequences for creditors in the Postponement of Debt Payment Obligations based on Law Number 37 of 2004 on Bankruptcy and the Postponement of Debt Payment Obligations and the judges’ considerations in deciding on the PKPU petition. This study employs a normative legal research meth
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19

Christiani, Theresia Anita. "LEGAL ANALYSIS OF BANKRUPTCY IN THE PERSPECTIVE OF LEGAL PURPOSES." Jurnal Pembaharuan Hukum 8, no. 1 (2021): 73. http://dx.doi.org/10.26532/jph.v8i1.11562.

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Law Number 37 Of 2004 On Bankruptcy And Suspension Of Obligation For Payment Of Debts was formed to protect creditors and debtors. The purpose of Law is to realize the value of the benefit, justice, and legal certainty. This juridical fact shows that there are legal issues that deserve to be studied normatively. Based on the above background, the problem in this research is the right proposal concept. The application of articles 2 (1) and Article 8 (4) Bankruptcy And Suspension Of Debt Payment Obligations Law can achieve legal objectives. The results showed that the proposed concept to amend t
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20

Anisah, Lilies, and Eni Suarti. "Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi." Wajah Hukum 6, no. 2 (2022): 446. http://dx.doi.org/10.33087/wjh.v6i2.1082.

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The COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK &amp
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21

Yitawati, Krista, Adi Sulistiyono, and Pujiyono Pujiyono. "Reconstructing the Debt Restructuring Mechanism in the Indonesian Law on Bankruptcy and Suspension of Debt Payment Obligations." Financial Engineering 1 (June 1, 2023): 88–95. http://dx.doi.org/10.37394/232032.2023.1.8.

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The purpose of the Suspension of Debt Payment Obligations (SDPO) is to prevent a debtor who is in trouble for whatever reason, lacks money, or finds it difficult to obtain credit, from being declared bankrupt. The current Indonesian Bankruptcy Law lacks a debt restructuring mechanism. There need to be improvements to ensure quality, transparency of objectivity and implementation mechanisms, honesty and legal certainty. This study aims to reconstruct the debt restructuring mechanism through the SDPO in the Indonesian Bankruptcy Law to provide legal certainty and benefit for all parties. This re
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22

Arifah, Risma Nur, and Arman Safril Adam. "Legal Protection of Concurrent Creditors for The Debts That are not Guaranteed by Property Rights According to Bankruptcy Law and Islamic Law." AT-TURAS: Jurnal Studi Keislaman 9, no. 1 (2022): 1–19. http://dx.doi.org/10.33650/at-turas.v9i1.3398.

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Bankruptcy is a condition where the debtor is unable to fulfill his obligations to pay debts to creditors. Revision of Law Number 4 of 1998 became Law Number. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations explains that concurrent creditors are creditors who do not hold collateral and who do not have special rights and whose claims are not recognized or recognized conditionally, of course, this causes the position of concurrent creditors to be very vulnerable to getting their rights back on the debt of the bankrupt debtor. This research is normative research using
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23

Nuriskia, Centia Sabrina, and Ahmad Yoga Novaliansyah. "The Urgency of Regulations Revision Related to Filing Bankruptcy and Postponing Debt Payment Obligations Amid the COVID-19 Pandemic." Lex Scientia Law Review 5, no. 2 (2021): 105–22. http://dx.doi.org/10.15294/lesrev.v5i2.50383.

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The purpose of this research is to analyze the requirements of bankruptcy regulations and postponement of debt payment obligations on the increase in bankruptcy filings and delays in debt payment obligations in the middle of the COVID-19 Pandemic. This research uses a normative juridical research method with a statutory approach and a conceptual approach that is supported by primary and secondary legal materials. The results of this research indicate that the increase in filing for bankrBankruptcydelays in paying debt obligations at the Commercial Court is due to unclear rules regarding filing
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24

Nainggolan, Bernard, and Anatoliy Kostruba. "THE GOING CONCERN PARADIGM IN BANKRUPTCY PROCESS REVIEWED FROM REGULATIONS IN INDONESIA." Jurnal Hukum UNISSULA 40, no. 1 (2024): 272–83. https://doi.org/10.26532/jh.v40i1.37175.

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In the corporate context, businesses frequently seek alternative debt resolution methods in bankruptcy to avoid liquidation or operational shutdown. One such alternative is through a settlement, where the debtor offers partial payment of the debt to creditors with the condition of being released from the remaining debt.Additionally, the suspension of debt obligations allows companies to develop a financial restructuring plan that can ensure long-term operational sustainability. The purpose of this study is therefore to understand how bankruptcy decisions and debt settlement alternatives for bu
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25

Nikiforov, Denis. "The Issue of Serbia’s Repayment of Debt to Russia on the Loan of 1876 (Based on Russian Diplomatic Documents)." Slavic World in the Third Millennium 19, no. 3-4 (2024): 28–45. https://doi.org/10.31168/2412-6446.2024.19.3-4.02.

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The article analyses Serbia’s actions regarding the repayment of its debt to Russia under the Loan Agreement of 1876. The author examines all stages of Russian-Serbian relations concerning the repayment of this debt, as well as the circumstances that impacted the postponement of payment deadlines. In 1876, during the Serbian-Turkish War, Serbia entered into a loan agreement with three Russian banks. By 1890, Serbia’s main debt obligations to Russia included debts from the loans of 1867, 1876, and a credit agreement from 1890. The question of debt repayment was connected to the improvement of R
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26

Rafi, Unggul Pambudi. "Analysis of Position and Legal Responsibility of Creditors not Registered in the Homologation Decision Post Decision of Debt Payment Obligation." International Journal of Social Science And Human Research 05, no. 07 (2022): 3094–103. https://doi.org/10.5281/zenodo.6844755.

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The decision on ratification of the peace which has obtained permanent legal force in relation to the minutes, for all Creditors which is not disputed by the Debtor, is the basis of rights that can be exercised against the Debtor and all persons who have bound themselves as guarantors for the reconciliation. The formulation of the problem in this thesis, regarding the position of creditors who are not registered in the homologation decision after the decision on suspension of debt payment obligations and legal remedies that can be taken by unregistered creditors on the grounds of rejecting the
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27

Sosilo, Peter, I. Nyoman Nurjaya, Endang Prasetyawati, and Krisnadi Nasution. "Fair Legal Protection for Bankruptcy Respondent Debtors." Batulis Civil Law Review 6, no. 1 (2025): 1. https://doi.org/10.47268/ballrev.v6i1.2154.

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Introduction: One of the important principles regulated in the Bankruptcy Law and Postponement of Debt Payment Obligations is the Going Concern Principle, which can enable a business entity or individual to run again even though it has fallen into bankruptcy, in this case the assets belonging to the debtor can be managed by the curator to obtain income as an effort to fulfill the debtor's debts. gradually to creditors.Purposes of the Research: This research aims to analyze just legal protection for debtors who are respondents to bankruptcy in the Bankruptcy Law and Postponement of Debt Payment
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28

Chegovadze, L. A., and T. V. Deryugina. "The Legal Nature of Payment for Unilateral Refusal to Fulfill an Obligation." Actual Problems of Russian Law 16, no. 9 (2021): 57–65. http://dx.doi.org/10.17803/1994-1471.2021.130.9.057-065.

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The paper analyzes the possibility of unilateral refusal to fulfill an obligation through the payment of a monetary sum. The multidimensionality of the development of a legal relationship related to the fulfillment of an obligation is investigated in the context of the opportunity to use various legal remedies at each stage of a legal relationship. The paper shows the transformation of the legal statuses of the creditor and the debtor in the process of exercising rights and fulfilling obligations. It is substantiated that, depending on the stage of development of the legal relationship in mutu
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29

Ahn, Hyun-Soo, Derek D. Wang, and Owen Q. Wu. "Asset Selling Under Debt Obligations." Operations Research 69, no. 4 (2021): 1305–23. http://dx.doi.org/10.1287/opre.2019.1961.

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We extend the classical asset-selling problem to include debt repayment obligation, selling capacity constraint, and Markov price evolution. Specifically, we consider the problem of selling a divisible asset that is acquired through debt financing. The amount of asset that can be sold per period may be limited by physical constraints. The seller uses part of the sales revenue to repay the debt. If unable to pay off the debt, the seller must go bankrupt and liquidate the remaining asset. Our analysis reveals that in the presence of debt, the optimal asset-selling policy must take into account t
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30

Bublyk, Yevhen, Svitlana Brus, and Oleksii Shpanel-Yukhta. "Prospects and obstacles to the restructuring of Ukraine’s external state obligations in the conditions of war." Ekonomìka ì prognozuvannâ 2022, no. 2 (2022): 7–28. http://dx.doi.org/10.15407/eip2022.02.007.

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The article analyzes the structure of Ukraine’s external debt liabilities for the period from 2011 to 2021 and in the period since the beginning of the full-scale invasion. It is determined that the amount of state external liabilities, taking into account projected data, may exceed 70% of this country’s GDP, which will become the dominant form of both attracting financial resources to the state budget and threatening the state security. The authors provide an assessment of the difficulties of restructuring the external debt in terms of the specific weight of the creditor and the weight of sho
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31

Bublyk, Yevhen, Svitlana Brus, and Oleksii Shpanel-Yukhta. "Prospects and obstacles to the restructuring of Ukraine’s external state obligations in the conditions of war." Economy and forecasting 2022, no. 2 (2022): 5–24. http://dx.doi.org/10.15407/econforecast2022.02.005.

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The article analyzes the structure of Ukraine’s external debt liabilities for the period from 2011 to 2021 and in the period since the beginning of the full-scale invasion. It is determined that the amount of state external liabilities, taking into account projected data, may exceed 70% of this country’s GDP, which will become the dominant form of both attracting financial resources to the state budget and threatening the state security. The authors provide an assessment of the difficulties of restructuring the external debt in terms of the specific weight of the creditor and the weight of sho
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32

Yuliani, Rizki Amalia. "Legal Certainty of Suspension of Debt Payment Obligations Proceedings during The Covid-19 Pandemic Period." Jurnal Penelitian Hukum De Jure 22, no. 3 (2022): 371. http://dx.doi.org/10.30641/dejure.2022.v22.371-386.

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During the Covid-19 pandemic period, the Suspension of Debt Payment Obligations (PKPU) Proceedings at the Commercial Court in Indonesia are now carried out online. The implementation of Suspension of Debt Payment Obligations (PKPU) Proceedings Online in the Commercial Court during the Covid-19 pandemic period was carried out based on the Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 1 of 2019 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number 109/KMA/SK/IV/2020. However, the implementation of Suspension of Debt Payment Obl
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33

Sianturi, Timotius Patrick Sianturi Patrick. "Legal Position of Syndicated Creditors in Submitting Claims on Debtors in the Application Process for Postponement of Debt Payment Obligations (PKPU) and the Legal Impact." JISIP (Jurnal Ilmu Sosial dan Pendidikan) 8, no. 1 (2024): 476. http://dx.doi.org/10.58258/jisip.v8i1.6301.

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The arrangement of parties who can file claims in the process of suspension debt payment obligations has been regulated in Article 270 of Law number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The arrangement of parties who can file bills in the suspension of debt payment process still causes several problems in its implementation. This occurs in the suspension of debt payment process against debtors in syndicated loans which still creates uncertainty in its implementation because the suspension of debt payment Law does not specifically regulate it but only pro
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Puja Riani Nasution, Irsyad Agung Miranda, Fikri Ramadhan, Fitra Anugrah Nasution, Hardiansyah Lubis, and Tri Reni Novita. "Pembagian Pembayaran Piutang Kreditur Menurut Azas Keadilan Dalam Hukum Kepailitan." Deposisi: Jurnal Publikasi Ilmu Hukum 2, no. 3 (2024): 01–08. http://dx.doi.org/10.59581/deposisi.v2i2.3377.

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Bankruptcy is a business settlement process through litigation, namely through the commercial court. Bankruptcy is regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations or abbreviated as UUK 2004. Prior to the promulgation of UUK 2004, it was about Faillissement Verordening (Law on Bankruptcy) which was then updated through Government Regulation in Lieu of Law Number 1 of 1998 and then ratified as Law Number 4 of 1998. Based on the explanation in the background section of the problem, the problem is how to take legal action in bankruptcy cases ac
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Firdaus, Gilbert, Dewi Sulistianingsih, and Pujiono Pujiono. "Requirements for Application for Cancellation of Peace and Analysis of Decision Concerning Cancellation of Peace." Audito Comparative Law Journal (ACLJ) 4, no. 3 (2023): 159–69. http://dx.doi.org/10.22219/aclj.v4i3.28838.

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This writing intends to examine the judge’s ruling on the terms of the peace annulment application. The key focus and main objective of the Suspension of Debt Payment Obligations revolves around the Settlement process, aiming to achieve a peace proposal in accordance with Article 281 of the Bankruptcy and Postponement of Debt Payment Obligations Law, commonly referred to as Law Number 37 of 2004. This occurs within the framework of the Commercial Court's management of the Suspension of Debt Payment Obligations case. If the debtor fails to keep their promise or fulfill the terms of the peace ag
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Elvandi Christian Saragih. "Juridical Implications of the Covid-19 Pandemic on Credit Agreements in Indonesia." YURISDIKSI : Jurnal Wacana Hukum dan Sains 17, no. 3 (2021): 229–38. http://dx.doi.org/10.55173/yurisdiksi.v17i3.109.

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The Covid-19 pandemic has resulted in many people losing their jobs, if the person concerned is a bank debtor, it can result in him failing to make credit instalments to the bank as the creditor. This study aims to find out how the legal consequences of the Covid-19 Pandemic have on credit agreements in Indonesia and how to resolve them in case of default. The results showed that the Covid-19 Pandemic resulted in difficulties for debtors to pay credit instalments to banks as creditors and made debtors in default. Settlement steps that can be taken if the debtor is in default are Termination of
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Andrew Ardiyanto Dachlan, Ariyanto Hermawan, Hilmy Syaiful Rachmansyah, Agus Apria Widodo, and Ivan Ilham Kusuma. "Nature of Simple Proof as a Condition for Application for Postponement of Debt Payment Obligations and Bankruptcy Against Developers (developers) of Apartments and / or Flats After Supreme Court Circular Letter Number 3 of 2023." Journal of Law, Politic and Humanities 4, no. 5 (2024): 1371–78. https://doi.org/10.38035/jlph.v4i5.484.

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The issuance of Supreme Court Circular Letter (SEMA) Number 3 of 2023 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2023 as Guidelines for the Implementation of Duties for the Courts, raises legal problems when correlated with the provisions on the principle of simple proof as a condition for postponement of debt payment obligations and bankruptcy as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations Article 8 paragraph (4). This paper uses normative legal research metho
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Johan, Suwinto. "Is leasing a debt? According to suspension of debt payment obligations law." Borobudur Law Review 4, no. 1 (2022): 24–32. http://dx.doi.org/10.31603/burrev.6694.

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Every company wants to grow and in order to achieve that, a company needs funding. There are various ways for a company to get funding, be it external or internal. One alternative form of funding is leasing. Leasing is the rental of production equipment by the company (lessee) to the lessor. The company should pay rental fees. Leasing has several advantages over loan financing. The rental fee will be charged at the company's expense. As for loans from financial institutions, only interest costs are charged as fees. This study examines the status of leasing or leasing in companies experiencing
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Mawar, Eka Aria, and Dara Quthni Effida. "IMPLEMENTATION OF THE SEVERANCE PAYMENT AGREEMENT FOR EMPLOYEES OF PT. GADING BHAKTI." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 3 (2023): 281–87. http://dx.doi.org/10.55047/polri.v2i3.663.

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PT. Gading Bhakti, a private company and subsidiary of PT. Mapoli Raya, operates in the palm oil plantation and processing industry. In 2021, PT. Mopli Raya, its parent company, was declared bankrupt under Decree Number 17/pdt-SUS-PKPU/2020/PN.Niaga Medan and Law No. 13 of 2003, Employment Article 95 paragraph 4, mandating debt settlement as a priority for bankrupt companies. Despite this, PT. Gading Bhakti failed to fulfill debt payments to 25 retired employees, resulting in the non-payment of their post-employment benefits. The research aims to investigate the implementation of the severance
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Halimi, Muhammad Yusuf. "KEPASTIAN HUKUM TERHADAP PUTUSAN PENUNDAAN KEWAJIBAN PEMBAYARAN HUTANG." Jurnal Aktual Justice 9, no. 2 (2025): 170–80. https://doi.org/10.70358/aktualjustice.v9i2.1113.

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The existence of legal certainty in the context of decisions to postpone debt payment obligations is the main basis in the legal system which functions to regulate the rights and obligations between creditors and debtors. Postponement of debt payment obligations is a legal mechanism that provides debtors with the opportunity to overcome financial difficulties by maintaining business continuity without eliminating payment responsibilities to their creditors. However, legal certainty in implementing the decision to postpone debt obligations is a concern because it affects both parties. The aspec
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Kutuzov, I. M. "On the Value Content of the International Contractual Monetary Obligation in the Context of Digitalization of Means of Payment." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 21, 2023): 118–27. http://dx.doi.org/10.17803/2311-5998.2023.109.9.118-127.

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The article deals with the problems of formation and change of the value content of contractual monetary obligations in international commercial contracts. The connection of the value content of monetary obligations with the dynamics of changes in the purchasing power of currencies used to denote the amount of monetary obligation is noted. The dependence of the monetary obligation to pay the contract price on the valuation of goods (services, works, intellectual property rights, information products) that serve as a counter representation is analyzed. Attention is drawn to the principle of nom
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Resmini, Wayan, Abdul Sakban, and Ni Putu Ade Resmayani. "PENYULUHAN TENTANG PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PERJANJIAN SEWA MENYEWA." SELAPARANG Jurnal Pengabdian Masyarakat Berkemajuan 3, no. 2 (2020): 176. http://dx.doi.org/10.31764/jpmb.v3i2.2198.

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ABSTRAKPemberian pinjaman oleh Kreditur kepada Debitur didasarkan pada asumsi bahwa Kreditur percaya bahwa Debitur dapat mengembalikan utang tepat pada waktunya. Pelunasan utang oleh Debitur kepada Kreditur tidak selalu dapat berjalan dengan lancar ada kalanya Debitur tidak membayar utangnya kepada Kreditur walaupun telah jatuh tempo. Debitur yang tidak mampu melunasi utangnya, maka harta kekayaan Debitur dikemudian hari menjadi jaminan atas utangnya.Pasal 1131 dan Pasal 1132 KUH Perdata telah mengatur secara khusus mengenai hal utang piutang. Pengabdian pada masyarakat ini dilakukan di kecama
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Joni, Mis, Viola Paulina, and Mazaya Aliya Jovilina. "ANALISIS YURIDIS PERMOHONAN PAILIT PT. DUNIA TRANSPORTASI LOGISTIK TERHADAP PT. CAHAYA TIMUR GARMINDO (STUDI PUTUSAN NOMOR 2/PDT.SUS-PAILIT/2024/PN NIAGA SMG)." Yuriska: Jurnal Ilmiah Hukum 16, no. 2 (2024): 217–43. https://doi.org/10.24903/yrs.v16i2.3021.

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Background: The purpose of this research is to determine the legal consequences of applying for a bankruptcy declaration according to Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) and to determine the judge's considerations in the case between PT. Logistics Transportation World (Creditors) to PT. Cahaya Timur Garmindo (Debtor) in Decision Number 2/Pdt.Sus-Pailit/2024/PN Niaga Smg. Research Metodes: In this research, the author uses a normative juridical approach. Findings: The research results show that the legal consequences of applying for a
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Felicia, Situmorang, Haryanto Imam, and Sakti Muthia. "Legal Certainty of Payment of Receivers' Fees in the Event That Bankruptcy is canceled by the Court." International Journal of Social Science and Human Research 07, no. 07 (2024): 5202–12. https://doi.org/10.5281/zenodo.12747694.

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This research examines the implementation of payment of curatorial services in the event of annulment by the Court of the Supreme Court Decision. This study also describes the legal certainty of payment of curatorial fees from the side of the curator, debtor and creditor. Normative research is research that refers to legal norms contained in legislation and court decisions. The author uses the 1945 Constitution, Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Regulation of the Minister of Law and Human Rights of the Republic
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Andriyanto Adhi Nugroho, Guna Gerhat Sinaga, Muhammad Fikri, Azareel Sulistiyanto Jusuf, Natasya Fhadyah Azzahra, and Adira Mutiara Jasmine. "Urgensi Penerapan Tes Insolvensi Atas Perusahaan Yang Akan Diputus Pailit." Deposisi: Jurnal Publikasi Ilmu Hukum 1, no. 4 (2023): 231–46. http://dx.doi.org/10.59581/deposisi.v1i4.1810.

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In the law embodied in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, there isn't a requirement stipulating that a debtor must be declared unable (insolvent) to pay their debts through an insolvency test as a condition to determine their bankruptcy status or not. Instead, the debtor's bankruptcy status is established by proving that the debtor has a minimum of 2 (two) creditors, has failed to pay at least 1 (one) due and collectible debt. The absence of insolvency testing as a bankruptcy criterion in Indonesia could lead to companies that are actually c
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Hendra Wijaya, Indra Yuliawan, and Adhi Budi Susilo. "ASPEK HUKUM KEPAILITAN DALAM HUKUM POSITIF." ADIL Indonesia Journal 5, no. 2 (2024): 118–25. https://doi.org/10.35473/aij.v5i2.3285.

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Postponement of Debt Payment Obligations(PKPU) is regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. PKPU is an inseparable matter in the bankruptcy process. PKPU can also be understood as a certain period of time given to debtors and creditors determined by the Semarang commercial court decision to make a joint agreement related to the payment or settlement of debt problems between the parties, both all or part of the debt and the possibility of debt restructuring. The methodology in this paper uses library research with a statute approach.
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Leonard, Tommy, and Yolanda C. Irianda Panjaitan. "TINJAUAN YURIDIS PERJANJIAN PERDAMAIAN PADA PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." IBLAM LAW REVIEW 3, no. 3 (2023): 499–511. http://dx.doi.org/10.52249/ilr.v3i3.259.

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Peace agreements are crucial to PKPU's goal of helping creditors restructure their debts. This research addresses how to arrange the peace agreement as a debt restructuring step in the Postponement of Debt Payment Obligations (PKPU), how it is used in the Suspension of Debt Payment Obligations process in Decision Number 90/Pdt.PKPU/2020/PN Niaga.Jkt.Pst, and how the ratification of the peace agreement is related to the absence of a Compensation for Services for the Management Team agreement. This thesis uses normative legal descriptive analysis—literature-based data collecting. Data analysis w
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Susanty, Ade Pratiwi. "Legal Problems in the Use of Banking Credit Cards in Indonesia." International Journal of Law and Public Policy 2, no. 2 (2020): 72–78. http://dx.doi.org/10.36079/lamintang.ijlapp-0202.148.

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One of the banking products in the credit sector that is becoming a trend in Indonesia is a credit card. Almost everyone who has worked has a credit card. Credit cards are usually used to facilitate payment transactions when shopping. This research aims to explain about credit cards, credit card regulations in Indonesian laws and regulations, and legal problems in the use of banking credit cards. The method used in this research is normative legal research, using a statutory approach. The research results explain that a credit card is a card-based payment instrument that can be used to make pa
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Rahardhini, Halida. "EFEKTIVITAS PELAKSANAAN WEWENANG JAKSA SEBAGAI PENGACARA NEGARA DALAM KASUS KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DI INDONESIA." Yustitia 10, no. 1 (2024): 60–74. http://dx.doi.org/10.31943/yustitia.v10i1.226.

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The authority of the prosecutor as an applicant in bankruptcy cases and postponement of debt payment obligations has been regulated in Article 2 of Law Number 37 of 2004 concerning Insolvency and Postponement of Debt Payment Obligations, this is related to the need for settlement of insolvency cases related to the public interest as a limitation. Asis known that in the current insolvency case, many of the victims are also the community as parties involved in the company that will be declared bankrupt. However, the problem is that until now there are only 2 bankruptcy cases related to the publi
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Manurung, Bicar Franki Leonardo, Elza Syarief, and Rina Shahriyani Shahrullah. "LEGAL CONSEQUENCES OF BANKRUPTCY AND POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS: ARE THEY SIMILAR?" Journal of Law and Policy Transformation 7, no. 1 (2022): 85. http://dx.doi.org/10.37253/jlpt.v7i1.6746.

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There is a main difference between the Postponement of Debt Payment Obligations/ PDPO (Penundaan Kewajiban Pembayaran Utang/PKPU) and bankruptcy. They may become a solution when a business is entangled in financial problems or debts. Due to their differences, this study aims to ascertain the legal consequences arising from bankruptcy and the Composition Plan under the PDPO by analysing the court decision relating the Homologation Decision (the Endorsed Composition Plan). It adopts normative juridical research, therefore the data used is secondary data. Data collection techniques are a literatu
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