Can Separatist Creditors Submit A PKPU Application?

Basically, the position of the Separatist Creditor is safer than the other creditors, because if the debtor is in default, the Separatist Creditors can immediately execute the collateral that they have. Law No.37 of 2004 concerning Bankruptcy and Suspension of Obligation for Payment of Debts (PKPU Law) provides equal opportunities for all types of creditors to submit PKPU applications against debtors.

Based on Article 222 Paragraph 1 of the PKPU Law, it is stipulated that PKPU is submitted by Debtor who has more than 1 (one) Creditors or by the Creditors. Furthermore, in the Elucidation of Article 222, it is emphasized that what is meant by creditor which is entitled to apply for PKPU is every creditor, whether concurrent,      preferred, or separatist.

Thus, Separatist Creditors are also entitled to apply for PKPU. The provision that the Separatist Creditors      entitled to apply for PKPU applications is also regulated by the Decree of the Chief Justice of the Supreme Court (SKMA) No. 109 / KMA / SK / IV / 2020 concerning Enforcement of Guidelines for Bankruptcy and Suspension of Obligation For Payment of Debts Case. The SKMA officially revokes the previous SKMA No. 3 / KMA / SK / I / 2020. The old decree limited the rights of Separatist Creditors to apply for PKPU. Thus, the creditor who is entitled to apply for PKPU is every creditor, either concurrent,      preferred or separatist.

Suria Nataadmadja & Associates Law Firm

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