Disturbance To Homologation Of Indosurya KSP Is Considered To Be Contrary To The Law

Illustration. (Photo: Unsplash)

JAKARTA - Experts emphasized that all parties must obey the court's decision. Likewise with the homologation verdict that the Commercial Court at the Central Jakarta District Court on the Postponement of the Indosurya KSP Debt Payment Obligation (PKPU) is binding on all of its members.

Therefore, various provocations and various opinions that urge criminalization on behalf of members, are interference with court decisions and contrary to the law. Tarumanegara University civil law expert Gunawan Widjaja assessed that in the case of KSP Indosurya, there had been a homologation decision and it should have been carried out without interference.

"So the peace proposal that has been homologated must be obeyed and implemented," he said, Tuesday, March 9.

Gunawan said, as long as the debtor whose peace proposal has been homologated does not make a breach of promise against the homologation decision, then no legal remedies can be taken.

"Any activity that attempts to thwart the implementation of the results of homologation is an act that is against the law," he said.

The same thing was expressed by the former Supreme Court Justice, Prof. Gayus Lumbuun. According to him, the verdict of the panel of judges which was pronounced openly at the trial was firmly binding, and all parties could not change it.

"Even judges can no longer change it except through further legal remedies and so it becomes the authority of the judge at the next level that it will strengthen or change it," said the Professor of Krisnadwipayana University.

Regarding the homologation, the former Secretary of the Minister of Cooperatives, Rully Indrawan, assessed that if there is indeed good progress, there should not be any members who suffer losses due to other members' actions. According to Rully, the pros and cons must arise considering the large number of members. However, all parties must see a bigger perspective.

"If there is good faith, KSP Indosurya must be appreciated. I don't think anyone will benefit, including the members, if there are other pressures, meaning that the cooperative is a deliberation, in the organization it is very important to participate in the majority. What is clear is that we are concerned that if there is (bankruptcy) the image of the cooperative will become bad, ”said the lecturer at Pasundan University.

Likewise, Member of Commission VI DPR RI Achmad Baidowi appealed to all parties to respect the ongoing peace process.

"Moreover, all court decisions must respect no one should be questioned. If later there are parties who feel aggrieved by the court's decision, they can take further legal proceedings," said the man who is usually called Awi.

Restorative Justice

Meanwhile, responding to accusations made to the National Police regarding the legal status of the former founder of KSP Indosurya Henry Surya, the Chief Executive of the National Police, Benny Mamoto stated that the National Police should have waited if there was still a civil process that was still ongoing.

"If the case is civil-related, then the police investigation must wait for the results of the civil decision. But if there is already a mutually agreed upon conciliation decision, then what will apply is this court decision. For what reason? The National Police itself puts forward restorative justice, prioritizing if it can be mediated so that can be finished, "he said.

Benny assessed that the commercial court decision should be implemented, so that police investigators can use the decision as a reference in following up on criminal reports.

"We have heard many times directly how the Head of the National Police directed the incoming reports as much as possible to be mediated, resolved restoratively, because the criminal can be completed for many years, starting at the District Court, appeals, cassation, reconsideration, it will take a long time, now this is it. there is peace, so we better just follow it, "he explained.

If there are parties who are angry and disappointed, Benny considers it normal. However, everyone still has to respect the justice system in effect in Indonesia. All carry out the decision.

As is well known, currently the KSP Indosurya homologation process is being carried out. The attorney for KSP Indosurya Hendra Widjaya stated that the appeal submitted by members who objected to homologation had been rejected by the Supreme Court.

Hendra revealed that he had received the verdict on January 27, 2021. The letter from the Commercial Court at the Central Jakarta District Court has delivered a notification and submission and a copy of the Supreme Court decision No. 1348A / pdt.sus-bankrupt / 2020 jo. No. 66 / pdt.sus-pkpu / 2020 / Pn.niaga.jkt.pst.

"The Supreme Court has rejected the appeal for cassation due to a number of considerations," he said on a separate occasion.