The Panel Of Judges Rejects The PKPU's Request Against Waskita Karya

JAKARTA - The panel of judges at the Commercial Court at the Central Jakarta District Court rejected the request to postpone debt payment obligations (PKPU) against PT Waskita Karya (Persero) Tbk, which was submitted by PT Bukaka Teknik Utama Tbk.

The rejection was conveyed by the panel of judges chaired by Buyung Dwikora, in the trial of case decision number 390/Pdt.Sus-PKPU/P2023/PN.Jkt.Pst., at the Central Jakarta District Court Commercial Court, Thursday 18 April.

Responding to the decision, PT Waskita Karya's attorney from Fernandes Partnership's legal office, Fernandes Raja Saor, said he was relieved.

"We have suspected and strongly believe that the panel of judges examining the PKPU case against PT Waskita Karya will reject the second PKPU application submitted by PT Bukaka Teknik Utama because the proposed debt is not simple," he said.

According to Fernandes, with the repeated rejection of the PKPU application submitted to the issuer coded WSKT, it is hoped that PT Bukaka Teknik Utama will no longer apply for PKPU to PT Waskita Karya.

"It seems that the judge's decision to reject the PKPU's application to Waskita Karya is clear. So, there is no need to do this anymore," he said.

Moreover, said Fernandes, in the trial his party had revealed the facts of the law that actually occurred and the arguments that strengthened it. Previously, said Fernandes, there were 7 PKPU applications addressed to the WSKT construction issuer.

"Of these, 6 of them ended peacefully and the PKPU application was revoked. Meanwhile, the PKPU application from PT Bukaka was rejected by the panel of judges. Then at the same time as the PKPU Buka application which was rejected at this time, there was also 1 PKPU application that ended peacefully and was revoked," explained Fernandes.

Meanwhile, Fernandes' legal colleague, Glenn Dio Haeckal Anggoro, explained that Waskita Karya is a state-owned company engaged in the field of public interest and was not simple.

"PT Waskita Karya Tbk is a state-owned company so that the PKPU should be submitted by the Ministry of Finance or with the permission of the Ministry of Finance. However, the main point, if we hear from the reading, is that this is rejected because the proposed one is not simple," concluded Glenn.

It is known that the Panel of Judges had previously rejected PKPU's application for PT Waskita Karya submitted by PT Bukaka. The rejection of the Panel of Judges was stated in the ruling stating that it was the right to file a PKPU against PT Waskita Karya as regulated in Article 223 of Law Number 37 of 2004 concerning Bankruptcy and PKPU.

The article states that SOEs engaged in the field of public interest can apply for a postponement of debt payment obligations are institutions as referred to in Article 2 paragraph (3), paragraph (4), and paragraph (5), namely the Minister of Finance.

"Rejecting the PKPU application submitted by the applicant (PT Bukaka Teknik Utama Tbk), in Case No. 267/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst. with the consideration that according to the panel of judges, the PKPU respondent (PT Waskita Karya Tbk) can be qualified as a state-owned company engaged in the public interest so that the PKPU application against it can only be submitted by the Ministry of Finance or or on the permission of the Ministry of Finance," said the judge when reading the verdict in December 2023.

The panel of judges also considered that PT Bukaka's PKPU application did not meet formal requirements. Automatically the material requirements cannot be granted or the subject matter of the case does not need to be considered again and therefore the applicant's application must be declared rejected.