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All Journal Riwayat: Educational Journal of History and Humanities
Karina Widyadhari A.A.P*
Universitas Padjadjaran
Humanities Education Social Sciences

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The Annulment of Homologation in the Case of PKPU Application of Intidana Savings and Loan Cooperative in Review of Law Number 37 of 2004 Karina Widyadhari A.A.P*; Elisatris Gultom; Anita Afriana
Riwayat: Educational Journal of History and Humanities Vol 6, No 2 (2023): Social and Religious Aspect in History, Economic Science and Law
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i2.31817

Abstract

The purpose of this research is to find out the annulment of homologation in the case of a PKPU application for KSP Intidana in terms of Law No. 37 of 2004. This research method is normative juridical which is guided by primary legal materials and secondary legal materials contained in a legislation. The results of the research show that first, the action of not accepting the annulment of homologation on the basis that the application submitted was premature is not in accordance with the provisions of the KPKPU Law because the concept of negligence as a reason for homologation annulment in the KPKPU Law is interpreted as an action where the debtor really does not fulfill the clauses agreed upon in the composition agreement, not waiting until the payment deadline expires. Secondly, the judge's action in not accepting the homologation annulment request submitted by KSP Intidana's creditors was inappropriate because it did not fulfil one of the principles of the decision in which the judge's decision must contain a clear basis.
The Annulment of Homologation in the Case of PKPU Application of Intidana Savings and Loan Cooperative in Review of Law Number 37 of 2004 Karina Widyadhari A.A.P*; Elisatris Gultom; Anita Afriana
Riwayat: Educational Journal of History and Humanities Vol 6, No 2 (2023): Social and Religious Aspect in History, Economic Science and Law
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i2.31817

Abstract

The purpose of this research is to find out the annulment of homologation in the case of a PKPU application for KSP Intidana in terms of Law No. 37 of 2004. This research method is normative juridical which is guided by primary legal materials and secondary legal materials contained in a legislation. The results of the research show that first, the action of not accepting the annulment of homologation on the basis that the application submitted was premature is not in accordance with the provisions of the KPKPU Law because the concept of negligence as a reason for homologation annulment in the KPKPU Law is interpreted as an action where the debtor really does not fulfill the clauses agreed upon in the composition agreement, not waiting until the payment deadline expires. Secondly, the judge's action in not accepting the homologation annulment request submitted by KSP Intidana's creditors was inappropriate because it did not fulfil one of the principles of the decision in which the judge's decision must contain a clear basis.
Co-Authors Anita Afriana Elisatris Gultom