The increase in the number of Suspension of Debt Payment Obligations (PKPU) and Bankruptcy cases in recent years is allegedly the starting point for why the Government plans to issue a Government Regulation in Lieu of Law (PERPU) on the Moratorium of Law no. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). Worries about the impact of “Moral Hazard” due to the ease of submitting PKPU and Bankruptcy applications have also been the driving force for the realization of this Government plan. Indeed, the Government is currently needed as a mediator between business actors and implementing regulations, but it would be wiser if the Government reviewed this moratorium thoroughly and not in a hurry.

 

The solution or input that can be considered by the Government is to encourage changes, improvements, and improvements in the UUKPKPU, be it the PERPU mechanism or other mechanisms. Changes or improvements will be good if they go into a more substantial or basic realm. Furthermore, Rizky Dwinanto, a Bankruptcy and PKPU legal practitioner, put it in an article published on Hukumonline.com.

 

The article is available in the Indonesian Language. Feel free to contact us to read the English version. Please consider that this article is provided for general discussion only and is not intended as legal advice or legal opinion.

[Hukum Online] Kegentingan Moratorium UU Kepailitan dan PKPU