The role of PKPU and bankruptcy roles

In the business world, the problem of debts is a complex problems where the solution mechanism is often followed by the court process. Each year, the case of postponement of debt repayment obligations (PKPU) and the bankruptcy bankruptcy reaches over 600 cases. Where to settle the case, there is a paper for PKPU and bankruptcy advocates. Let’s see the next article so you can know how important PKPU advocates and bankruptcy from legal help to represent the test process.

Read again: Can you be imprisoned? Rule of law and sentences in Indonesia

What is the PKPU and bankrupt?

Bankruptcy is a business that is usually done to complete the conditions in which the loan (person or debt company) cannot pay off the debt if time. The effort was made in the form of confiscation of all the property belonging to the borrower that the curator has made and implemented under the supervision of the supervision.

Then, the PKPU is a way that is commonly used in debts and creditors to creditors and creditors who are viewed the borrower can no longer continue to pay the debt fall. Which PKPU request is usually submitted as an item of request for bankruptcy statements to achieve a peace plan between debtor and credit that does not need to be unnecessary.

Read again: The supreme law of Indonesia

The importance of the role of PKPU and bankruptcy processes

Related to the role of PKPU advocates and bankruptcy is definitely very important. Where advocates do not only provide legal advice to their clients, but there is an active role in helping and represent their clients to ensure interests and justice to maintain interests and justice.

As for the PKPU stage and the bankruptcy stage in the commerce court, also contributors have an important role in preparing a direct signature of a direct signator.

Read again: Separatist Loans in Legal Context

Stages of the PKPU and bankruptcy of the korery

The following is the stages of the PKPU in commercial court:

1. Submit PKPU applications
2. Initialized Court Check
3. Temporary determination of the PKPU
4. Testing the PKPU asks
5. Checking Peace Plan
6. Creditor Boting
7. Permanent PKPU (additional time)
8. Reading the court’s decision

The following is the stages of bankruptcy in commercial court:

1. Submitting bankruptcy applications.
2. Record registration with commercial court requests.
3. Panel’s appointment to judges and the determination of the test day by the chair of the Commercial Court.
4. Call the parties.
5. Bansibctractict Trial
6. Reading the court’s decision
7. Curator appointment and Supervisor Judge
8. Distribution of bankruptcy properties
9. Ending bankruptcy

Read again: Not paying credit? Check this discussion

Duties and Responsibilities of Fighters at each stage

At each stage, the role of PKPU advocates and bankruptcy is required as a legal partner for parties. Insurers do not only provide legal advice and ensure the rights of their clients are protected, but also removes the Submission of the PKPU applications accompanied by signatures in Article 7 and Articles 224 of Law 37/2004.

In addition, at each stage of the PKPU and bankruptcy, advocates are often in office and are responsible for representing their clients in every test process given to him.

Regarding the stage PKPU medications and decisions of the PKPU, the advocates have also providing a submission to the Supreme Court at the court request.

Read again: Responsibilities of Directors of Business Law

Legal wars with no help in the way

The absence of advocate assistance increases the risk of procedural error, which results in the rejection of the request and the loss of legal rights of debtors and creditors as regulated in article 7 and article 11. In addition, with the potential to experience the process of matching receivables And defense at the trial, so that the risk of giving a misunderstanding or failure in fighting for their interests.

In addition, no fighter help can have implications for greater losses, material and soon, because of less optimal legal strategies. It also relates to the potential for further disputes of curator actions, which article 72 regulates curator responsibilities and articles with the rights to submit opposition.

Without the Experience Experience, clients are at risk of losing opportunities to use legal mechanism of effort. As a result, the help of the electric is a basic need to minimize legal risks and ensure the protection of the parties in each stage of the PKPU and bankruptcy process.

Read again: Curator and Supervisory Judge: Understanding, Paper, and Difference

Fitting Fighter Qualifications for PKPU & Treasures of Cases

The following is the correct qualification of the adventurer in charge of the PKPU and bankruptcy cases:

1. There is an arbitrator license
   Insurers must be registered and officially licensed in accordance with the provisions of law and recognized by legal advocates of Indonesia organizations.

2. Experienced in bankruptcy and pkpu
   Having a track record of handling cases of bankruptcy and PKPU, including a deep understanding of commercial commercial methods and practice of the chronic court.

3. Special skills in bankruptcy
   Mastering the technical aspects of bankruptcy, pairing acceptance, and peace negotiation.

4. Able to follow legal and administrative methods
   Learn and can formal legal methods agree with Article 7 and other related articles, to avoid the errors in the approach to the client’s harm.

5. Have conator certification (if required)
   Insurers who also have Curator certifications will better understand aspects of the assets of losses and curator responsibilities, as specified in Article 72 of the Law 37/2004.

6. Independent and no conflict of interest
   Should maintain freedom, not handling cases with potential causes of conflicts of interest, and well not handling more than three cases of bankruptcy / pkpu simultaneously.

Read again: 5 Tips for selecting the correct legal services and consultation adventures

Perqara has served more than 30,000 legal consultations

For the legal civil related issues, Perqara manages more than 7,500 cases. There are hundreds of perqara owners with special skills in each of their fields such as employment, marriage and divorce, land, and more. Thus, clients can consult other legal issues in accordance with problems experienced.

Online Legal Perqara Consultation

If you have a legal problem or additional questions related to the PKPU and bankruptcy role, you can chat directly to professional advoctions advocts that are free from Perqara. Download Perqara Application today and get a free legal consultation to get the right legal solution whenever and everywhere.

Read again: Can a free legal consultation? Check out how!

(This article is edited by Perqara Editorial Team)

Legal basis

1. Number 37 in 2004 about bankruptcy and suffering of the mortgage payment obligation