ANALISIS YURIDIS KUALIFIKASI UTANG DALAM PERJANJIAN SUBKONTRAK KONSTRUKSI SEBAGAI DASAR PERMOHONAN PKPU (Studi Perkara PT PP vs CV Surya Mas Putusan Nomor 9/Pdt.Sus-PKPU/2023/PN Niaga Mks)

Abstract

This study examines the legal qualification of debt arising from a construction subcontract agreement as the basis for a Suspension of Debt Payment Obligations (PKPU) petition in Decision Number 9/Pdt.Sus-PKPU/2023/PN Niaga Mks. The legal issue concerns whether an unpaid contractual claim arising from a construction subcontract may be classified as a due and payable debt under the Bankruptcy and PKPU Law or whether it should instead be resolved as a breach of contract dispute. This research aims to analyze the legal qualification of such debt and to assess the appropriateness of PKPU as the legal remedy. Using a normative juridical method with statutory, conceptual, and case approaches, this study analyzes the Civil Code, Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Law Number 2 of 2017 concerning Construction Services, and the relevant court decision. The findings indicate that although the construction subcontract created a payment obligation that may constitute a debt, the dispute required a comprehensive examination of contractual rights and obligations, making it unsuitable for the principle of simple proof required in PKPU proceedings. Accordingly, the dispute was more appropriately resolved through a breach of contract claim than through a PKPU petition.

Kata kunci: PKPU, debt, construction subcontract, simple proof, breach of contract.