Non-Simple Proof in Apartment Developer Bankruptcy: An Analysis of Supreme Court Circular Letter No. 3 of 2023

Source abstract

Ideally, bankruptcy proceedings provide a resolution mechanism through simple proof of the fulfillment of bankruptcy requirements. However, in the bankruptcy of apartment developers, legal relationships involving consumers, creditors, banks, investors, and other parties, along with differences in unit ownership status, may create disputes requiring in-depth examination. This study aims to analyze the meaning of the phrase “non-simple proof” in developer bankruptcy based on Law Number 37 of 2004 and Supreme Court Circular Letter Number 3 of 2023, as well as to examine the legal protection of apartment unit owners based on Supreme Court Decision Number 1349 K/Pdt.Sus-Pailit/2023. This study employs normative legal research using statutory, conceptual, and case approaches. Legal materials are analyzed descriptively and analytically through interpretation and the correlation of legal norms with the examined case. The findings indicate that non-simple proof concerns not only difficulties in establishing debts but also the complexity of legal relationships, object status, and the rights of the parties. SEMA Number 3 of 2023 reinforces this interpretation, while the Supreme Court decision emphasizes protection for unit owners. This study contributes to strengthening legal certainty and proportional legal protection in developer bankruptcy proceedings.