violation of the principle of lex superior derogate legi inferiori in the formation of circular letter of the supreme court of the republic of indonesia number 3 of 2023

The supreme court of the republic of indonesia has issued circular letter number 3 of 2023 (sema 3/2023), in which one of the special civil formulations has determined that petitions for bankruptcy or postponement of debt payment obligations (pkpu) for developers of apartments and/or flats does not meet the requirements as simple proof as intended in the provisions of article 8 paragraph (4) of law number 37 of 2004 concerning bankruptcy and postponement of debt payment obligations (uu k-pkpu). this research examines the differences in regulations in sema 3/2023 and the k-pkpu law. based on the research results, it is concluded that these differences in regulations are considered a violation of the lex superior derogate legi inferiori principle.