Our Managing Partner of Leks&Co wrote an article titled “Putusan terbaru MK dalam Penundaan Kewajiban Pembayaran Utang” as published in property section of Propertynbank.com.
Recently, precisely on 1 December 2021, the Constitutional Court issued a ruling (decision number 23/PUU-XIX/2021) over the judicial review of three provisions under the law, namely Article 235 paragraph (1), Article 293 paragraph (1) and Article 295 paragraph (1). The court partially admitted the claim and declared that both Article 235 paragraph (1) and Article 293 paragraph (1) of the bankruptcy law violates the Constitution of 1945 and has no binding power if it is not construed as “a cassation remedy is allowed over a decision of Postponement of Debt Payment Obligation submitted by the creditor and when the settlement proposal of debtor is declined.” The court declined the review on Article 295 paragraph (1). This decision means that a PKPU decision by the first-stage court may be challenged through a cassation petition. That was not permissible before the ruling of December 2021.
Eddy Leks is an Indonesian lawyer, dubbed as “Highly Regarded” on M&A by IFLR1000, included as one of The A List of Indonesia’s Top 100 Lawyers by ABLJ, ranked Band 1 by Chambers and is noted “for his extensive experience in Indonesia’s real estate legal market”.
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