Jakarta, May 2024. Our firm has victoriously defended our client, PT Sunny Garden Property, a project owner, part of Country Garden group, over a repeated PKPU claim from its contractors, formed as a joint operation.
The Claimant, a consortium of contractors, claimed that they have receivables which are due and payable. In contrast, our client, as Defendant, argued that the debts are disputed since the Claimant has defaulted its obligations under the contract. Further, the debts are not due and payable yet since the Claimant has not complied with the procedural terms on the certificate of payment and no approval by the Defendant as project owner on the progress payment. Thus, the debt is conditional and that condition is still outstanding.
The panel of the judges considers that the PKPU claim is not formally fulfilled since it is proven that our client is a condominium development company. The judges’ consideration are based on the Circular Letter (SEMA) of Supreme Court No. 3 of 2023 that the bankruptcy or PKPU application over the developer of an apartment and/or condominium (rumah susun) does not qualify as simple evidentiary process (pembuktian sederhana) in accordance with the Law No. 37 of 204 on Bankruptcy and Suspension of Debt Payment Obligation. Responding to the court’s decision, our Dr. Leks says, “This is most probably the first PKPU claim that is rejected since it is filed over the developer of condominium. A good and important milestone! Thus, it is also a sign that future similar claim will have the same fate.”
Leks&Co is a recommended firm on commercial dispute resolution by Legal500, asialaw, and Benchmark Litigation.
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