On 31 March 2017, the Minister of Law and Human Rights of the Republic of Indonesia (“MOLHR“) amended Regulation of MOLHR number 11 of 2016 on Guidelines regarding the Fees of Receiver and Administrator (“Regulation No. 11 of 2016“) by issuing Regulation of MOLHR number 2 of 2017 (“New Regulation“).
Under the New Regulation, MOLHR reduces fees of receiver and administrator in a bankruptcy and suspension of payment process. Such reduction has been made in objective to create a convenient business climate particularly on the efforts of recovering business in less costly and swift manners.
The Reduction
Pursuant to the New Regulation, the maximum administrator fees are 5.5% of a debtor’s payable debt if the suspension of payment process is concluded with a settlement. On the other hand, in the event that the settlement cannot be reached, the administrator’s fees are set to the maximum of 7.5% of the debtor’s payable debt. Those maximum fees are 0.5% lower than the previous one respectively as can be seen below:
|
Suspension of Payment Result |
Maximum Percentage (of debtor’s payable debt) |
|
| New Regulation | Regulation No. 11 of 2016 | |
| Settlement |
5.5% |
6% |
| Without Settlement |
7.5% |
8% |
The New Regulation also reduces maximum fees of receiver in case the bankruptcy process is ended with liquidation of bankruptcy estates (pemberesan) with exception if the value of bankruptcy estates is more than Rp500 billion as detailed in below table:
|
Value of the Liquidated Bankruptcy Estates (in Indonesian rupiah) |
Maximum Percentage (of the value of the liquidated bankruptcy estates) |
|
| New Regulation |
Regulation No. 11 of 2016 |
|
| ≤ 50 billion |
7.5% |
8% |
| >50 billion–250 billion |
5.5% |
6% |
| > 250 billion – 500 billion |
3.5% |
4% |
| > 500 billion |
2% |
2% |
It should be noted that the New Regulation does not amend the fees of receiver in the event that the bankruptcy process is concluded with a settlement (perdamaian) or if the bankruptcy petition is rejected at the cassation or civil review levels. As such, the maximum of receiver’s fees in the respective event remain the same as stipulated under Regulation No. 11 of 2016.
Our Insolvency Litigation Practice
We acted for creditors and debtors in both bankruptcy and suspension of payment process. Our litigators represent creditors and debtors in the commercial courts and frequently work with receivers as well as administrators.
In respect to the role of receiver and administrator, we assist clients in nominating reputable and credible receiver or administrator.
