Bobby Manalu

Bobby Manalu

The case of Postponement of Debt Payment Obligation (PKPU) and Bankruptcy in 2020 is predicted to increase due to the impact of Covid-19.

The pandemic has left businesses in various sectors increasingly hit because the market or market in a short time suddenly disappears.

Beleid borders until the closure of public transportation operations, from airplanes to trains, from buses to ships, aimed at narrowing the spread of the Covid-19 virus movement, practically making people's purchasing power down.

I spoke with pkpu and bankruptcy law practitioner Bobby Manalu from Siregar Setiawan Manalu Partnership (SSMP) Law Firm law firm over the current situation.

He thinks that if the current condition is not quickly resolved by various parties then the graph of pkpu and bankruptcy cases can jump high.

I processed pkpu and bankruptcy case data from 5 commercial courts in Indonesia ranging from Medan, Central Jakarta, Semarang, Surabaya and Makassar. That data I showed bobby manalu.

In the period 2019, pkpu cases entered in the Medan Commercial Court as many as 28 cases, Jakarta 258 cases, Semarang 30 cases, Surabaya 74 cases and Makassar 7 cases. A total of 397 cases were entered in the applications in the five commercial courts.

As for bankruptcy cases, in Medan as many as 7 things, Jakarta 92 cases, Semarang 22 cases, Surabaya 30 things, Makassar 2 things. A total of 153 cases.

Meanwhile, the period january-April 2020, pkpu cases entered into the Medan Commercial Court reached 11 cases, Jakarta 97 cases, Semarang 4 cases, Surabaya 25 cases, Makassar does not exist. A total of 137 cases.

Bankruptcy in Medan as many as 2 things, Jakarta 14 cases, Semarang 16 cases, Surabaya 3 cases and Makassar 2 things. A total of 37 cases were included in the bankruptcy application.

Here's an interview with Bobby Manulu, an advocate for gajah mada university graduates.

Is there any potential for PKPU and Bankruptcy applications this year to increase due to Covid-19?
Bobby Manalu (B) : I think pkpu and bankruptcy figures have a tendency to rise this year. This pandemic causes companies to lose liquidity because most of the market is lost. There are indeed some sectors growing but small numbers only.

When will the trend go up?
B: Until April alone, the number of cases this year [2020] has been the same as last year, aka remains high. This uptrend has indeed happened in the last 5 years and it feels like this year maybe later in the 3rd quarter and 4th quarter will jump the increase.

From the banking aspect, does Non Performing Loan (NPL) rise due to Covid-19?
B: If this is certain, because the market suddenly disappeared, want to be relaxed how well still the debt still exists. Meanwhile, the potential income does not exist. If anything, it falls far, between income that can be with operational costs is not balanced.

I see there are already oil and gas companies applying for legal protections like in the United States because of Covid-19. How in Indonesia? B: Inevitably, this is just a matter of time, all industries will be more seriously affected. Law Firms alone have begun to have a lot of efficiencies from pay cuts and others.

Your law office explained in the newsletter that due to the Covid-19 situation as a force majeuresituation, meaning that debtors are not obliged to reimburse?
B: In practice that the court has a uniform understanding with article 1245 of the Civil Code in the event that it is proven force majeure that impacts the unfulfillment of the debtor's achievements.

It is stipulated in the decision of the Indonesian Supreme Court No. 15 K/SIP/1957 dated December 16, 1957, MA RI No. 409K/SIP/1983 dated October 25, 1984, Decree of MA RI No. 3389K/PDT/1984 dated March 27, 1986.

Force majeure conditions are usually agreed upon by creditors and debtors in agreements and set forth in a clause.

Read: PKPU and Bankruptcy Settlement Default Footnote: The criteria of force majeure in the Supreme Court of Indonesia's ruling include the risk of war, act of god, accidents at sea, circumstances of darudat, unforeseen situations.

(Source: SSMP Law Firm)

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