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Scirj, Volume IX [2021]
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Scirj Volume IX, Issue VII, July 2021 Edition
ISSN: 2201-2796

Legal Certainty of the Notary Peace Act in Bankruptcy Law

Iqbal Tamrin, Dr. Ermanto Fahamsyah, Dr. Ivida Dewi Amrih Suci

Abstract: Peace agreements that have been homologated through the PKPU process are sometimes denied by debtors. If the homologated peace agreement is denied by the debtor, the creditor may apply for the cancellation of the peace agreement so that the peace agreement is canceled and the debtor is declared bankrupt. An application for annulment of reconciliation can be submitted if it meets the conditions for bankruptcy as regulated in the provisions of Article 170 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and PKPU. The approach method used in this research is normative juridical. The purpose of the study was to find out the suitability of the curator authority at the verification stage with the principle of legal certainty and to find legal certainty on the strength of binding the peace deed in the bankruptcy decision. The result of this research is that the curator is at the verification stage by eliminating the PKPU peace deed causing inconsistencies in his authority. The PKPU peace deed which has been homologated has executive power as the judge decision which has permanent legal force, in accordance with the legal basis, namely Article 130 HIR/154 RBg which was later modified in the form of PERMA Number 01 of 2008 and PERMA Number 1 of 2016.

Reference this Paper: Legal Certainty of the Notary Peace Act in Bankruptcy Law by Iqbal Tamrin, Dr. Ermanto Fahamsyah, Dr. Ivida Dewi Amrih Suci published at: "Scientific Research Journal (Scirj), Volume IX, Issue VII, July 2021 Edition, ".

Search Terms: Peace Deed, PKPU, Bankruptcy, Curator Authority

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