KEDUDUKAN PENGADILAN NIAGA DALAM PENYELESAIAN SENGKETA KEPAILITAN DI INDONESIA (Studi Putusan Nomor 36/Pdt.SusPailit/2020/PN. Niaga Jkt.Pst)

Abstract

A debt exists when a payment arrangement is made between two or more parties involving payment a sum of money. But debts are frequently disregarded and not fulfilled in accordance with the regulations, leading to claims of bankruptcy. Law 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations specifies the procedures that should be followed in order to submit a bankruptcy petition with the court. Creditors who owe money to the commercial court might resort to declaring bankruptcy or filing for bankruptcy protection if debtors fail to pay. The Commercial Court Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jkt.Pst. pertains to a bankruptcy case that was heard in Central Jakarta as one of several cases that have been filed in this court. This study seeks to examine the current state of the case, the legitimacy of the reasons for filing the bankruptcy lawsuit, and the factors taken into account by the judge in making a decision on this bankruptcy case. The research methodology employed in this study is a normative legal one. This study's findings corroborate the judge's decision to allow the petitions filed by PT. Pandega Desain Weharima and CV. Media Konsultindo, finding that their arguments were supported by the relevant facts and legislation.