Implikasi Hukum Dan Penilaian Itikad Baik pada Debitor yang Melakukan Pembayaran Utang pada Proses Permohonan PKPU

Abstract

This research examines the legal implications and assessment of the good faith of debtors who engage in selective debt repayment during the application process for Suspension of Debt Payment Obligations (PKPU) as regulated under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations in Indonesia. Employing a normative legal research method with conceptual and statutory approaches, this research analyzes the PKPU mechanism as a collective effort to restructure debt grounded in the pari passu principle among creditors. The main issues addressed include whether the partial repayment to one creditor can annul a PKPU petition that has entered the judicial process, and how the debtor’s good faith is evaluated in cases of selective repayment. The findings indicate that partial settlement to a single creditor does not nullify the PKPU petition, as the PKPU process mandates collective resolution and equality among creditors. Selective payments without the consent of all creditors or the court may constitute an abuse of process contrary to the objectives and fundamental principles of PKPU. This study underscores the necessity for legal certainty and regulatory reinforcement to protect creditors’ rights and prevent misuse of the PKPU procedure for unilateral debtor interests.