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Constitutional Justices Suhartoyo, Manahan M. P. Sitompul, and Daniel Yusmic P. Foekh opening the material judicial review hearing of Article 31 paragraph (1) of the Law on Bankruptcy and Suspension of Debt Payment, Thursday (17/6/2021). Photo by Humas MK/Ifa.

Thursday, July 29, 2021 | 15:33 WIB

JAKARTA, Public Relations—The petition revision hearing of the material judicial review of Article 31 paragraph (1) of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment (PKPU) took place virtually on Thursday afternoon, July 29, 2021. The case No. 24/PUU-XIX/2021 was filed Calvin Bambang Hartono, a debtor at PT Bank Bukopin.

At the hearing chaired by Constitutional Justice Suhartoyo, counsel Agoes Soeseno conveyed the revisions to the petition on the Court’s authority. “In [the elaboration of] the Court’s authority, we added the provision of Law Npo. 12 of 2011 on Lawmaking, as amended by Law No. 15 of 2019. We also changed the Petitioner’s legal standing, into which we put the materials we took or moved or inserted from the subject matters or the petition,” he explained.

Also read: Rejecting Bankruptcy Ruling, Petitioner Challenges Bankruptcy Law

The Petitioner took a loan from PT Bank Bukopin with collateral in the form of land and property totaling 538 m2 under the name of Tjandra Liman with Ownership Certificate No. 189/Panjangjiwo Village. However, he has not received a land mortgage deed (APHT) of the loan.

At the preliminary hearing, he stated that Article 31 paragraph (1) of the Bankruptcy Law didn’t give any room for any individual, business, or legal entity that has been declared bankrupt when they, like the Petitioner, has taken legal measures on their case. In the petitum, the Petitioner requests that the Court declare the phrase “The decision of declaration of bankruptcy shall have the consequences that all judgment related to any part of Debtor’s assets established before the declaration of bankruptcy shall be immediately ceased and as from that moment no decisions concerning imprisonment for debt may be executed” as referred to in Article 31 paragraph (1) of Law No. 37 of 2004 not legally binding.

https://youtu.be/27pEB6ViTck

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : M. Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/30/2021 16:18 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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