Month: March 2022

Suspension of Debt Payment Obligations (PKPU)

Posted by Dr. Guan Yue on

In the business world, the problem of debt and receivables has become a very common problem, many entrepreneurs complain about this problem because it can result in the company’s cash flow decreasing. One of the ways to solve these problems can be solved by Suspension of Debt Payment Obligations (in Indonesian: Penundaan Kewajiban Pembayaran Utang, abbreviation: PKPU) which can be submitted to the Commercial Court.

The legal basis for PKPU has been regulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU or abbreviated as UUK 2004 in Article 222 paragraph (2). Which states that:

 “Debtors who cannot or expect not to be able to continue paying their debts that are due and collectible may request a suspension of debt payment obligations with a view to submitting a reconciliation plan which includes an offer to pay part or all of the debt to creditors.”

In Indonesian law, PKPU is divided into two, namely Temporary PKPU and Permanent PKPU. Temporary PKPU is decided by the Commercial Court and is valid for 45 days after the decision is readout. Within these 45 days, the Debtor is required to make a reconciliation plan and a scheme for the settlement of his debts to the Creditor. Meanwhile, the Permanent PKPU will take effect within 270 days of the provisional PKPU decision being readout. Within those 270 days, the Debtor has prepared a plan for the settlement of his obligations, not the deadline for repayment. If there is no agreement between the Debtor and Creditor by the time limit, the Commercial Court will decide the Debtor is bankrupt and confiscate the property the Debtor owns in order to pay off the debt.

We can conclude that PKPU is one of the simple, fast, and low-cost business dispute resolutions. Because it doesn’t take as long as a Civil Lawsuit in District Court.

Divorce in Indonesian Law

Posted by Irfan Disnizar, SH. on

Divorce cannot be avoided by many couples who feel their marital relationship is no longer healthy where quarrels cannot be avoided every time, not to mention some of them are colored with domestic violence, when things like that happen many couples want to end the marriage by divorce in order to get a better life, but many people still do not understand how the divorce process is so below we will briefly explain how the divorce process is carried out.

Marriage can be terminated by death, divorce and court decisions in Article 39 of Law Number 1 of 1974 states that:

  1. Divorce can only be carried out before a court session after the court concerned has tried and failed to reconcile the two parties;
  2. To carry out a divorce there must be sufficient reason that the husband and wife will not be able to live in harmony as husband and wife;
  3. The procedure for divorce before a court hearing is regulated in a separate statutory regulation.

Paragraph one clearly states that a legal divorce can only be carried out before a court session after the court concerned has tried and failed to reconcile the two parties. Then what about couples who claim to be divorced religiously who claim to have been divorced by their husbands? So we can conclude that the divorce is not valid and in law the divorce is not valid and their status is still in a legal marriage bond.

In verse two in order to divorce, there must be sufficient reason that the husband and wife will not be able to live in harmony as husband and wife. The reasons for this are contained in Article 39 of Law Number 1 of 1974 jo. Article 19 Government Regulation Number 9 of 1975 contains the following:

  1. One of the parties commits adultery or becomes a drunkard, compactor, gambler and so on which is difficult to cure;
  2. One of the parties leaves the other for 2 (two) consecutive years without the permission of the other party and without any valid reason or because of any other matter beyond his ability;
  3. One of the parties gets a prison sentence of 5 (five) years or a heavier sentence after the marriage takes place;
  4. One of the parties commits cruelty or serious harm that is harmful to the other party;
  5. One of the parties has a physical disability or disease which causes them to be unable to carry out their obligations as husband/wife;
  6. Between husband and wife, there are constant disputes and quarrels and there is no hope of living in harmony again in the household.

The reasons mentioned above are still being added 2 more as stated in article 116 of the compilation of Islamic law, namely:

  1. The husband violates taklik talak (conditions which can precipitate a divorce under Islamic law) (article 116 letter (g) of the Compilation of Islamic Law).
  2. Religious conversion or apostasy that causes disharmony in the household (article 116 letter (h) Compilation of Islamic Law).

Whereas in paragraph three the procedure for divorce is regulated in Government Regulation Number 9 of 1975, which allows a husband or wife to file a lawsuit in court, which needs to be known for Muslim and non-Muslim divorces carried out in different courts, for Muslim couples divorce is carried out in court. religion, while for non-Muslims it is done in the District Court.

Legal Notice

Posted by Irfan Disnizar, SH. on

At this time, many people are confused with the Legal Notice, what is the Legal Notice? Is the Legal Notice useful for solving problems? And there are many more questions about Legal Notice so we will discuss them here.

A Legal Notice is a warning letter from a potential Plaintiff to a prospective Defendant as regulated in Article 1238 of the Civil Code which states that: “The debtor is negligent if he with a warrant or with a similar deed has been declared negligent, or for the sake of his own engagement, if this stipulates, that the debtor will have to be considered negligent with the passage of time found.”

The contents of the Legal Notice should at least contain the identity of the prospective Plaintiff, the identity of the prospective Defendant, the background of the problem, negligence committed by the potential defendant, requesting the rights of the prospective Plaintiff, order for the prospective Defendant to immediately fulfill his obligations and provide space to negotiate, this space to negotiate is a way of resolving disputes in a family manner which is usually done before a lawsuit is filed in court.

Is the Legal Notice useful for solving problems? Of course, it is useful and one of the effective ways to resolve a dispute because the Legal Notice is in the form of a warning letter reminding the prospective Defendant to immediately fulfill his obligations and as a goodwill gesture from the prospective Plaintiff to resolve the dispute amicably before the lawsuit is filed in court.