The news is still fresh in our mind about the implementation of the Moratorium (temporary postponement) of Law no. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (hereinafter referred to as "UUKPKPU"), which raises many views that are pro and contra from businessmen, legal practitioners, government officials, politicians, academics to associations. But in every phenomenon, there is always a good side that we can take. At the very least, the implementation of UUKPKPU is sufficiently well socialized to the public, especially business actors who can use the UUKPKPU instrument as a solution to save companies from debt problems they are facing.

 

After the discussion on the Moratorium, we are entering a new round of polemics on the UUKPKPU after the issuance of Constitutional Court Decision No. 23/PUU-XIX/2021 dated December 15, 2021 (Constitutional Court Decision No. 23). Our Partner, Rizky Dwinanto, who is also known as a Bankruptcy lawyer with a long list of valuable experiences and acknowledgments in Insolvency and Restructuring (PKPU) has shared his thought on this matter through an article published on Hukumonline.com. In this article, he tried to describe the Decision from the practical side of implementation based on his own experience.

 

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.

 

Read the article:

https://www.hukumonline.com/berita/a/babak-baru-polemik-uu-kepailitan-dan-pkpu-lt61ee0b16d4a36/