Manuscript Title:

HOMOLOGATION PEACE REVIEW AGAINST POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS IN INSOLVENCY LAW

Author:

SAHAT MARISI HASIBUAN, LAZARUS TRI SETYAWANTA, R.B. SULARTO

DOI Number:

DOI:10.5281/zenodo.10121988

Published : 2023-11-10

About the author(s)

1. SAHAT MARISI HASIBUAN - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. LAZARUS TRI SETYAWANTA - Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. R.B. SULARTO - Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

This study aims to analyze the homologation reconciliation review of the postponement of debt payment obligations in bankruptcy law. The research method used is normative juridical. The results showed that the Homologation Peace is a Peace Endorsement by the Commercial Court, the peace that
has been received by the verification meeting must be approved by the Bankruptcy Judge. The approval is given on condition; 1) the assets of the bankruptcy are more than the amount promised in the settlement; 2) sufficient guarantee that the peace will be carried out properly; 3) peace does not occur through unreasonable means. If the peace is agreed upon by the parties, the bankruptcy will end, and subsequently the settlement will be carried out by the debtor himself. Furthermore, the curator or Balai Harta Peninggalan is obliged to provide a calculation and accountability to the bankrupt debtor
regarding the assets of the bankrupt debtor, namely by returning the goods, money, valuable papers and other assets witnessed by the Supervisory Judge.


Keywords

Homologation, Peace, Postponement, Debt Payment Obligations, Bankruptcy Law.