ANALISIS YURIDIS SOSIOLOGIS PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DITINJAU DARI PERSPEKTIF UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI KASUS PADA BANK MANDIRI SURABAYA)

In 2022 after the COVID-19 pandemic, cases of Postponement of Debt Payment Obligations (PKPU) are still relatively high. The industrial sector occupies the highest number of non-performing loans, one of which occurs in PT SRP as the debtor and Bank Mandiri Surabaya Branch Office as the creditor. The purpose of this study is to find out the factors that are the reasons for PT SRP to apply for PKPU and to know the factors that are considered by Bank Mandiri Surabaya Branch Office to accept PT SRP's PKPU application.. The research method used is sociological juridical. Juridical is used as an analysis of sociological approaches from interviews and questionnaires implementing the collection and recovery of Bank Mandiri Surabaya Branch Office, then analyzed using qualitative descriptive. PT SRP has a Home Ownership Credit (KPR) debt of Rp15,000,000,000.00 at Bank Mandiri Surabaya Branch Office has experienced payment problems for about 6 years caused by lack of income plus the occurrence of covid-19. Based on the assessment of the asset quality of commercial banks, PT SRP is included in the classification of bad assets. Given that its business has gone out of business and still has 6 other creditors, PT SRP estimates that it is unable to continue paying its debts, because the conditions for the PKPU application have been fulfilled, so PT SRP submitted a PKPU application to the Surabaya Commercial Court in 2022. Bank Mandiri Surabaya Branch Office based on 5C consideration with the result that PT SRP is no longer able to pay its debts and the execution of its collateral has not been sold, Bank Mandiri Surabaya Branch Office accepted PT SRP's PKPU application. The author's conclusions and suggestions are to creditors to be more careful in applying the 5C principle before providing receivables and to debtors to still estimate their financial capabilities before applying for debt.