There Are Parties Who Allegedly Want To Disturb The KSP Indosurya Homologation Decision

Illustration. (Photo: Unsplash)

JAKARTA - The Indosurya Savings and Loans Cooperative (KSP) is believed to have committed to fulfilling the homologation / peace decision that has been decided by the Commercial Court at the Central Jakarta District Court regarding the obligations to its members.

Thousands of members have received the disbursement of funds made after the homologation decision. Unfortunately, recently there have been efforts to raise opinions that have interfered with the fulfillment of this obligation with various demonstrations and dissemination of opinions on several media platforms. Regarding this, the members' attorney who agreed on homologation deeply regretted this.

Adji Wibisono, the attorney for the pro-peace KSP Indosurya member emphasized that the demonstration by a number of people could disrupt the fulfillment of obligations.

"It will be very disturbing. What are their objectives? They want to go bankrupt so that it can be executed by the curator and then distributed to creditors. Just a question for why there is a PKPU process," said Adji in Jakarta, Thursday, February 18.

Adji continued, until now, KSP Indosurya is also still running. Also, the process of refunding members is ongoing.

He emphasized that in the PKPU process a conclusion was drawn from the debtor's commitment to the creditor. In the context of cassation, it means that someone is not satisfied.

"But the cassation was rejected. Then now we want to make it busy, look at Indosurya's commitment to the debtor. The repayments have been smooth so far," he said.

A professor of law at the University of Borobudur, Faisal Santiago, also considered that the demonstration by the parties would actually disturb the peace of the parties. Especially if the demonstration contradicts the decision of the judiciary.

"Demonstration is a right protected by the constitution, but demonstrations that are carried out to change the verdict cannot be tolerated," he said.

Furthermore, the court's decision which has been inkracht must be respected by all parties. "Decisions that are final must be respected. If anyone feels that they are being aggrieved, they can file an appeal," he explained.

Court, through Homologation / Peace Decision Number. 66 / PDT.SUS-PKPU / 2020 / PN.Niaga.Jkt.Pst dated 17 July 2020, legally affirming that the peace between KSP Indosurya Cipta and all creditors (whether participating in the PKPU Process or not) is binding (Vide Article 286 of the Law Number 37 of 2004 concerning Bankruptcy and PKPU).

Now, cooperative members and creditor attorneys hope and believe that the Police can see which creditor's overall interests are and which are the interests of certain people who do not have good intentions, whose sole purpose is not to respect / interfere with the homologation decision.

On the other hand, members of the KSP Indosurya appreciated the implementation of the homologation decision commitment. Dozens of members who are elderly and sick admitted that they were grateful for the good faith of payment.

"I am grateful that God answered my prayer. For a little, I can have the money returned (Indosurya). Hopefully the refund process can run smoothly and the rest I can enjoy for the rest of my life," Alice, who is now 84 years old, told reporters. , some time ago.

Meanwhile, the management of KSP Indosurya Sonia explained that the payment of funds for elderly and priority members had been made. He said, there were no obstacles during payment. Payment of member funds above IDR 500 million to IDR 1.99 billion will also be made in January 2021.

Against this commitment. Institute for Development of Economics and Finance (Indef) researcher Eko Listiyanto appreciated KSP's move. According to Eko, member refunds can be a solution.

"If there is goodwill from the owner, that's good because there is a settlement. There are not many cooperative cases where the owners are willing to replace them, most of which run away," said Eko in Jakarta, some time ago.

Eko said, in the supervision of the many cooperatives, the role of the government was not optimal. In fact, cooperatives are the same as banking, namely managing customer funds. The founder's guarantee as in the case of KSP Indosurya, is a different phenomenon from the case of other cooperatives.