Legal Remedies Against the Renvoi Procedure Decision

Regarding the decision of the Renvoi Procedure by the Commercial Court, parties who are dissatisfied with the decision decided by the Council of Judges can file ordinary remedies in the form of cassation and extraordinary legal remedies in the form of judicial review to the Supreme Court. The implementation of the Renvoi Procedure at the Supreme Court, both at the level of cassation and judicial review, the implementation is almost the same as in the handling procedure of ordinary cases, given the position of the Supreme Court as judex juris.

The implementation of the Renvoi Procedure in the cassation is regulated in Article 196 paragraph (2) and paragraph (3) of Bankruptcy and Suspension of Obligation for Payment of Debts Law No. 37 Year of 2004. Article 196 paragraph (2) of Bankruptcy and Suspension of Obligation for Payment of Debts Law No. 37 Year of 2004 basically states that the cassation of the renvoi decision decided by the Commercial Court is carried out in accordance with the provisions in Article 11, Article 12, and Article 13 of Bankruptcy and Suspension of Obligation for Payment of Debts Law No. 37 Year of 2004. This means that the implementation of cassation on the decision of the Renvoi Procedure decided by the Commercial Court has the same process as the implementation of cassation in the examination of the main case (bankruptcy).

The difference in the arrangements for the implementation of cassation for the main case (bankruptcy) and cassation in a case of objection (Renvoi Procedure) can be seen in the provisions of Article 196 paragraph (3) Bankruptcy and Suspension of Obligation for Payment of Debts Law. In this provision, the Supreme Court (the panel of judges examining the objection case in the Renvoi Procedure) can summon the curator or creditors to hear their statements. This is not regulated for cassation examination on the subject of the case (bankruptcy). 

Against the Renvoi Procedure Decision, beside from the usual legal remedy in the form of cassation, in practice, extraordinary legal remedy can be filed in the form of judicial review.. The legal basis for re-filing the objection (Procedure Renvoi) is not expressed as the legal basis for filing an appeal as regulated in Article 196 paragraph (1) of Bankruptcy and Suspension of Obligation for Payment of Debts Law No. 37 Year of 2004, which in essence explicitly states that the decision of the Renvoi Procedure decided by the Commercial Court can be filed for cassation. In practice, the implementation of a judicial review in a Procedure Renvoi case is the same as the implementation of a judicial review in an ordinary civil case.

Suria Nataadmadja & Associates Law Firm

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