Analisis Yuridis Pembatalan Perjanjian Perdamaian dalam Perkara Kepailitan Berdasarkan Putusan Mahkamah Agung Nomor 50 PK/Pdt.Sus-Pailit/2021

Abstract

A peace agreement (homologation) in the Suspension of Debt Payment Obligations (PKPU) is a legal instrument aimed at providing debtors with the opportunity to settle their obligations through debt restructuring. However, in practice, debtors are still found to fail to comply with the terms of the peace agreement, resulting in disputes over the cancellation of the homologation, as stipulated in Supreme Court Decision Number 50 PK/Pdt.Sus-Pailit/2021. This study aims to analyze the Supreme Court's legal considerations in canceling the homologation and its legal consequences for the debtor's status and the protection of creditors' rights. The study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach through an analysis of Supreme Court Decision Number 50 PK/Pdt.Sus-Pailit/2021. The results show that the cancellation of the homologation is based on proven default by the debtor in accordance with the provisions of Law Number 37 of 2004 as amended, so that the cancellation provides legal certainty and protection for creditors. The legal consequence is that the debtor is declared bankrupt and loses the right to control and manage the bankruptcy estate. The curator is authorized to manage and settle the bankruptcy estate to ensure the fair repayment of creditors' receivables in accordance with bankruptcy law principles.