PKPU should be used as a last resort

Oct 13, 2025 by talynt.org 23 views

Request for Delaying Debt Payment Obligations (PKPU) as an Effort to Peace between Debtors in the Covid-19 Pandemic

Introduction

The Covid-19 pandemic has had a significant impact on various sectors, including business. In dealing with the company's obligations, the request for postponement of debt payment obligations (PKPU) is one solution to avoid bankruptcy when the debtor is unable to pay the debt. This article will discuss the mechanism of peace in the settlement of debt through PKPU, analyzing the judge's consideration in decision number 110/PDT.Sus-PKPU/2020/PN Niaga JKT.PST, as well as legal impacts on debtors and creditors.

PKPU Mechanism in Debt Settlement

PKPU is a legal instrument designed to provide an opportunity for debtors who have financial difficulties to restructure their debts. In the context of the Covid-19 pandemic, many companies are forced to stop operational or experience a significant decline in income. PKPU appears as an alternative that allows the debtor to negotiate with creditors to reach mutually beneficial agreements.

In case number 110/PDT.Sus-PKPU/2020/PN Niaga JKT.PST, PT. Duta Pramindo Sejahtera submitted a reconciliation proposal which was then received by two-thirds from his creditor. This shows that PKPU not only provides legal protection for the debtor, but also provides guarantees to creditors that they will receive debt payments in the agreed form.

Judge's Consideration in Decision Making

The judge's decision in this case reflects compliance with Law Number 37 of 2004 concerning Bankruptcy and PKPU. In deciding homologation, the judge considers various aspects, including the debtor's ability to re-manage his business. In addition, the decision to approve the reconciliation proposal also shows that the court understands the emergency conditions faced by many businesses during the pandemic period.

The judge considers that with the postponement of debt payment obligations, the debtor is given the opportunity to restructure the debt and continue business operations. This not only benefits the debtor, but also the creditor who wants to ensure that they do not lose further assets in this difficult situation.

Legal Consequences for Debtors and Creditors

In terms of law, the PKPU decision provides clarity and certainty for both parties. Creditors get legal certainty that the debtor will not commit fraud, because they have approved the planned debt settlement. On the other hand, debtors are given the opportunity to manage their business and fulfill their obligations in stages.

The results of the study show that PKPU is the best solution in resolving disputes between debtors and creditors in the middle of the pandemic. By adopting this approach, both parties can avoid a more complicated bankruptcy process and have the potential to harm all parties involved.

The Benefits of PKPU

PKPU has proven to be an effective instrument to bridge the interests of debtors and creditors. Through this mechanism, debtors are given the opportunity to restructure their debt, while creditors get legal certainty. The judge's decision in case number 110/Pdt.Sus-PKPU/2020/PN Niaga JKT.PST stressed that PKPU is a wise choice for companies that try to survive in the middle of the crisis.

The Role of PKPU in Maintaining Business Operations

PKPU plays a crucial role in maintaining business operations during the pandemic period. By providing an opportunity for debtors to restructure their debt, PKPU helps to prevent bankruptcy and maintain business continuity. This is particularly important for small and medium-sized enterprises (SMEs) that are vulnerable to financial difficulties.

The Impact of PKPU on Creditors

PKPU also has a positive impact on creditors. By providing legal certainty that the debtor will not commit fraud, PKPU helps to maintain trust and confidence in the business. This is particularly important for creditors who are concerned about the risk of non-payment.

Conclusion

In conclusion, PKPU is a valuable instrument in resolving disputes between debtors and creditors during the pandemic period. By providing an opportunity for debtors to restructure their debt, PKPU helps to prevent bankruptcy and maintain business continuity. The judge's decision in case number 110/Pdt.Sus-PKPU/2020/PN Niaga JKT.PST highlights the importance of PKPU in maintaining business operations and resolving disputes between debtors and creditors.

Recommendations

Based on the study, the following recommendations are made:

PKPU should be used as a last resort: PKPU should only be used as a last resort when all other options have been exhausted.
Debtors should be given the opportunity to restructure their debt: Debtors should be given the opportunity to restructure their debt to prevent bankruptcy and maintain business continuity.
Creditors should be provided with legal certainty: Creditors should be provided with legal certainty that the debtor will not commit fraud.
PKPU should be used to maintain business operations: PKPU should be used to maintain business operations during the pandemic period.

Future Research Directions

Future research should focus on the following areas:

The impact of PKPU on business operations: The impact of PKPU on business operations should be further studied to understand its effectiveness in maintaining business continuity.
The role of PKPU in resolving disputes: The role of PKPU in resolving disputes between debtors and creditors should be further studied to understand its effectiveness in maintaining trust and confidence in the business.
The impact of PKPU on creditors: The impact of PKPU on creditors should be further studied to understand its effectiveness in providing legal certainty and maintaining trust and confidence in the business.

By understanding the benefits and limitations of PKPU, businesses and creditors can make informed decisions about its use and implementation.
Frequently Asked Questions (FAQs) about Request for Delaying Debt Payment Obligations (PKPU)

Q: What is PKPU?

A: PKPU (Perjanjian Kredit Penghapusan Utang) is a legal instrument designed to provide an opportunity for debtors who have financial difficulties to restructure their debts.

Q: What is the purpose of PKPU?

A: The purpose of PKPU is to provide a solution for debtors who are unable to pay their debts on time, while also protecting the interests of creditors.

Q: Who can apply for PKPU?

A: Any debtor who is experiencing financial difficulties and is unable to pay their debts on time can apply for PKPU.

Q: What are the requirements for applying for PKPU?

A: The requirements for applying for PKPU include:

The debtor must be experiencing financial difficulties and be unable to pay their debts on time.
The debtor must have a valid reason for requesting PKPU, such as a decline in business or a natural disaster.
The debtor must have a plan to restructure their debt and pay it back in a timely manner.

Q: What is the process for applying for PKPU?

A: The process for applying for PKPU typically involves the following steps:

The debtor submits a request for PKPU to the court.
The court reviews the request and determines whether it is valid.
If the request is valid, the court will schedule a hearing to discuss the terms of the PKPU.
The debtor and creditor will negotiate the terms of the PKPU, including the amount of debt to be restructured and the payment schedule.
Once the terms of the PKPU are agreed upon, the court will issue a decision approving the PKPU.

Q: What are the benefits of PKPU?

A: The benefits of PKPU include:

The debtor is given the opportunity to restructure their debt and pay it back in a timely manner.
The creditor is protected from the risk of non-payment.
The debtor is able to maintain their business operations and avoid bankruptcy.
The creditor is able to receive payment in a timely manner.

Q: What are the risks of PKPU?

A: The risks of PKPU include:

The debtor may not be able to restructure their debt and pay it back in a timely manner.
The creditor may not receive payment in a timely manner.
The debtor may be required to pay additional fees and costs associated with the PKPU process.

Q: How long does the PKPU process take?

A: The length of time it takes to complete the PKPU process can vary depending on the complexity of the case and the speed of the court. Typically, the process can take several months to a year or more.

Q: Can PKPU be used to resolve disputes between debtors and creditors?

A: Yes, PKPU can be used to resolve disputes between debtors and creditors. The PKPU process provides a framework for the debtor and creditor to negotiate the terms of the debt restructuring and payment schedule.

Q: Is PKPU a permanent solution?

A: PKPU is a temporary solution that provides a framework for the debtor and creditor to negotiate the terms of the debt restructuring and payment schedule. Once the PKPU is completed, the debtor and creditor can work together to find a permanent solution to the debt.

Q: Can PKPU be used in conjunction with other debt restructuring options?

A: Yes, PKPU can be used in conjunction with other debt restructuring options, such as debt consolidation or debt forgiveness. The PKPU process provides a framework for the debtor and creditor to negotiate the terms of the debt restructuring and payment schedule, which can be used in conjunction with other debt restructuring options.