Sutrisno, Sutrisno (2025) Cancellation Of A Settlement Agreement (Homologation) As Remedy Of Failure To Fulfill The Terms Of The Settlement Agreement. Legal Spirit, 9 (2). pp. 325-334. ISSN 1978-2608
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Abstract
The goal of this is research is to analyze the cancellation of a settlement agreement (homologation) as remedy of failure to fulfill the terms of the settlement agreement. Â This research uses normative juridical methodology with social legal research approach. According to this study, if the requirements outlined in Article 224 paragraph (1), Article 222 paragraph (1) and paragraph (3), as well as Article 8 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (UUK-PKPU) have been met, the request for Postponement of Debt Payment Obligations (PKPU) may be approved. If approved, the Court will designate a Supervisory Judge and one or more administrators who will collaborate with the Debtor to manage the Debtor's assets in accordance with the terms of Article 225 paragraph (3) UUK-PKPU. By granting the PKPU, the Debtor will have the ability to present his creditors with a proposed peace plan. If the creditors accept the plan, they will subsequently ratify the peace as required by Article 285 paragraph (2) and Article 285 paragraph (3), provided the court finds no justification for rejecting the peace. UUK-PKPU (1). Over time, the debtor may neglect to adhere to the terms of the approved peace agreement, in which case the creditor may file an application with the Commercial Court to have the approved peace agreement revoked.
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | aulia happy fadila |
| Date Deposited: | 11 May 2026 06:58 |
| Last Modified: | 11 May 2026 06:58 |
| URI: | https://repository.widyagama.ac.id/id/eprint/74 |
