CD Skripsi
Analisis Yuridis Kepailitan Bumn Persero Dikaitkan Dengan Prinsip Perlindungan Hak-Hak Kreditur
ABSTRACT
In the Bankcruptcy Law Number 37 of 2004, if has been regulated that business entities which cannot be automatically filed for bankruptcy such as securities companies, insurance companies, bank and SOEs. But regarding the bankruptcy of a SOE has caused debate, especially regarding the bankruptcy of a Limited Company SOEs. In the current SOEs bankruptcy arrangement it is as if stating that SOEs cannot be declared bankrupt other than by the Minister of Finance based on whether or not the capital of the company is devided into shares as well as the disharmony of the definition of SOEs (Limited Company) engaged in the public interst with the definition of SOEs in the Law The bankcruptcy law and Act Number 19 of 2003 concerning SOEs and inconsistencies in understanding regarding whether or not SOEs was declared concerning State Treasury and Limited Company Law Number 40 of 2007. This legal disharmonisasi creates legal uncertainty, thereby potentially demaging the rights of creditors in the state bankruptcy case of Limited Company SOEs.
This thesis uses the method of normative legal research with the scope of SOE bangkruptcy, analysis of SOE bankruptcy arrangements, principles of bankcruptcy through secondary data sources in the form of primary, secondary and tertiary legal material with qualitative analysis by drawing deductive conclusions.
From then results of the study there are several things that can be concluded that for the progress of Limited Company SOEs and the realization of certainty and protection of the rights of creditors, it is necessary to reformulate the Bankruptcy Law and Postponement of Debt Payment Obligation No. 37 of 2004 by adding additional conditions to file a request for a statement of simple insolvency, that is, in the state of not paying his debt at least 50% as he had set out in Article 1 failisment verordening (FV) so give way to the creditors of Limited Company SOEs Bangkrupt Company to fight for the debt of receivables.
Keyword: Bankruptcy, SOEs (Limited Company), State Finance
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