Cancellation Cancellation of Peace in Insolvency Cases of KSPPS BMT CSI Syariah Sejahtera

Abstract

Homologation is ratification by a judge of a peace agreement between the debtor and the creditor to end bankruptcy. Peace (akkoord) in this stage is the most important PKPU stage, because in the peace plan the debtor will offer peace to the creditor. The bankruptcy decision reviewed in this research is the Verdict Number: 40/Pdt.Sus Pembatalan Perdamaian/2022/PN.Niaga.Jkt. Pst. Jo. Number 35/Pdt.Sus-PKPU/2017/PN.Niaga.Jkt. Pst. regarding the request for annulment of homologation between the party of prosecutors and KSPPS BMT CSI SYARI'AH SEJAHTERA, by discussing the judge's legal considerations and its legal consequences. Based on this, the type of research used is normative juridical with a case approach. The research specifications are analytical descriptive. The data used is secondary data taken by way of literature study and documentation study. The data is analyzed qualitatively. The results of the study stated that the judge's decision was in accordance with the provisions in Article 170 paragraph (1) of UU No. 37 of 2004. A result for canceling a homologation is the debtor loses his rights to manage and control all assets included in the bankruptcy estate starting from the date of the verdict. However, in terms of determining bankruptcy for the cooperative body, it is necessary to consider the meeting of cooperative members with efforts to submit proposals from cooperative members in accordance with the provisions in UU No. 25 of 1992 concerning Cooperatives. Also, it is necessary for creditors and debtors to cooperate for their business.