The Suspension of Debt Payment Obligations (“PKPU“) is a special civil law regulated specifically under Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (“UUK-PKPU“). PKPU can be filed by either the debtor or the creditor in the form of a petition to the Commercial Court where the debtor is located, in accordance with Article 222 paragraph (1) in conjunction with Article 224 paragraph (1) of the UUK-PKPU, which states as follows:
Article 222 paragraph (1)
“The Suspension of Debt Payment Obligations is filed by a debitor who has more than one (1) creditor or creditors.”
Article 224 paragraph (1)
“The petition for the Suspension of Debt Payment Obligations as referred to in Article 222 must be submitted to the Court as referred to in Article 3, signed by the petitioner and their lawyer.”
Under the UUK-PKPU, the court in question is the Commercial Court within the general judiciary system, as defined in Article 1 number 7 of the UUK-PKPU. Furthermore, the Commercial Court authorized to hear and decide PKPU cases is the one whose jurisdiction covers the area where the debtor is located. Therefore, the debtor or creditor can file a PKPU petition to the Commercial Court, bringing the PKPU petition letter.
Along with the rapid development of technology, the Supreme Court has provided a convenience for both the debtor and the creditor to file a PKPU petition electronically, as per Article 3 of the Supreme Court Regulation No. 7 of 2022 on the Amendment to Supreme Court Regulation No. 1 of 2019 on Case Administration and Electronic Court Proceedings (“PERMA No. 7 of 2022“), which stipulates that “Electronic case administration and proceedings apply to the first instance and appellate courts for civil, special civil, religious, military administrative, and state administrative cases.” Therefore, if a PKPU petition is filed electronically with the Commercial Court, case administration and proceedings in court will also be conducted electronically, following Supreme Court Regulation No. 1 of 2019 on Electronic Case Administration and Court Proceedings (“PERMA No. 1 of 2019“), as amended by Supreme Court Regulation No. 7 of 2022.
This article does not comprehensively discuss electronic trials; however, it will focus on the validity and appropriateness of the summons or trial notification (“relaas panggilan“) delivered electronically. The delivery of a Summons is the initial step in the trial process, which plays a significant role and can determine whether a trial is valid or not. The invalidity or inappropriateness of a summons can render the trial itself invalid, thus making the ruling from that trial legally void and subject to cancellation.
The electronic case administration system, as regulated in Article 2 of PERMA No. 1 of 2019, states: “This Supreme Court Regulation is intended as the legal basis for the electronic administration of cases and proceedings in the Court to support the realization of orderly, professional, transparent, accountable, effective, efficient, and modern case handling.” Therefore, if a PKPU petition is filed electronically, the case administration system follows PERMA No. 1 of 2019, including the procedures for delivering the Summons. Although case administration is conducted electronically, the Summons must still be delivered officially and appropriately. To declare a summons as legally delivered, it depends on who delivers it and how it is delivered, while the Summons can be considered appropriate if it is delivered within the time frame set by the law.
In essence, an electronic Summons is a valid summons according to the provisions of Article 18 of PERMA No. 1 of 2019, which states:
“An electronic summons/notification is valid and appropriate as long as the summons/notification is sent to the electronic domicile within the time frame specified by law.”
This is because the electronic summons is sent officially by the court via email to the electronic domicile specified in the PKPU petition. However, what if the electronic domicile of the respondent is not included in the PKPU petition, or the respondent was summoned but did not attend?
If the respondent has been summoned but does not appear or if the respondent’s electronic domicile is not included in the PKPU petition, the summons is then delivered by registered mail in accordance with Article 15 paragraph (2) of PERMA No. 7 of 2022 or delivered conventionally. Referring to Article 224 paragraph (3) of the UUK-PKPU, which regulates that “if the petitioner is a creditor, the Court must summon the debtor through the bailiff with a registered express letter at the latest 7 days before the hearing,” the elements of the validity of the Summons in PKPU cases are:
- The Summons is delivered to the debtor in writing;
- The Summons is signed by the bailiff or substitute bailiff and stamped;
- The Summons is delivered directly to the debtor.
However, if the Summons cannot be delivered directly to the debtor, the provisions of the Herzien Inlandsch Reglement (HIR) and the Rechtreglement voor de Buitengewesten (Rbg) apply, which essentially state the following:
- If it cannot be delivered directly to the debtor, the summons is delivered to the village head (Article 390 paragraph (1) HIR / Article 718 paragraph (1) Rbg);
- If the debtor has passed away, the summons is delivered to the heir, and if the heir is unknown, it is delivered to the village head (Article 390 paragraph (2) HIR / Article 718 paragraph (2) Rbg);
- If the debtor’s whereabouts or residence is unknown, the summons is delivered to the regent and subsequently announced through the court’s public announcement media (Article 390 paragraph (3) HIR / Article 718 paragraph (3) Rbg).
Since the issuance of PERMA No. 1 of 2023 on the Procedure for Summons and Notifications via Registered Mail (“SEMA No. 1 of 2023”), there has been an update regarding the validity of the summons. The updates in SEMA No. 1 of 2023 are as follows:
- The Summons remains delivered by the court based on the judge’s order, but the implementation of delivering the summons is done using a registered mail service designated by the Supreme Court;
- The Summons must still be delivered directly to the debtor, but if it cannot be delivered directly to the debtor and the debtor resides in an apartment or a building with restricted access, the Summons can be delivered to the receptionist or security personnel at the residence;
- The receptionist or security personnel receiving the Summons must be willing to have their identification card photo taken.
Thus, if the PKPU petition is filed electronically by the creditor, the summons to the debtor must also be delivered electronically if the electronic domicile is included in the PKPU petition. If the debtor’s electronic domicile is not included, the summons is delivered by registered mail. The summons is considered valid if delivered in writing by the court under the judge’s order and directly to the debtor according to the provisions mentioned above if it cannot be delivered directly.
A summons that has been deemed valid must also be delivered appropriately, even though case administration has been carried out electronically. The appropriateness of a summons is closely related to the time frame for delivering the summons. In electronic case administration, based on PERMA No. 1 of 2019, as amended by PERMA No. 7 of 2022, it is clearly regulated in Article 18 of PERMA No. 1 of 2019, which states:
“An electronic summons/notification is valid and appropriate as long as the summons/notification is sent to the electronic domicile within the time frame specified by law.”
Thus, in PKPU cases filed electronically by creditors, the valid summons must be delivered to the debtor 7 days before the hearing, as stipulated in Article 224 paragraph (3) of the UUK-PKPU, which provides a more specific rule (lex specialist) governing PKPU.
Based on the above explanation, it can be concluded that when a PKPU petition is filed electronically, the case administration is also conducted electronically. Specifically, the summons must be delivered electronically by the court to the electronic domicile of the parties listed in the PKPU petition. However, if the electronic domicile is not included in the PKPU petition, the summons must still be delivered validly and appropriately to the parties within the 7-day time frame before the hearing.
This article is intended for educational purposes and is general in nature. For more specific legal advice regarding your legal situation, please consult directly with us by contacting info@pnpclawyer.com.