TINJAUAN YURIDIS PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA KEPAILITAN: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 38K/PDT.SUS-PAILIT/2024

Abstract

This study examines the misuse of bankruptcy petitions in Indonesia, where commercial courts are frequently used as a means of debt collection despite the existence of disputed debts, contrary to Articles 2(1) and 8(4) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The issue is reflected in Supreme Court Decision Number 38 K/Pdt.Sus-Pailit/2024, which rejected the cassation petition filed by PT Fuji SMBE Indonesia against PT Amanda Gumulung Sejahtera. This research aims to analyze the judges’ legal reasoning and the legal grounds used to assess whether the statutory bankruptcy requirements had been fulfilled. A normative juridical method was employed using statutory, conceptual, and case approaches. The findings show that the judges’ reasoning focused on the legal relationship between the parties, the ratio decidendi supporting the rejection of the cassation petition, and the exclusion of contractual disputes from bankruptcy proceedings. The assessment of bankruptcy requirements was based on the certainty of the debt, the validity of other creditors supported by powers of attorney, and the principle of simple proof. The decision establishes an important jurisprudential precedent by reinforcing the jurisdictional limits of commercial courts in bankruptcy cases.