KAJIAN NORMATIF ATAS KEPAILITAN BUMN (PERSERO) DALAM KAITANNYA DENGAN PENGATURAN PERSEROAN TERBATAS
Abstract: Bankruptcy problem
to Warm Up State Belonging Effort in praktik jurisdiction is still to be felt
haven't available perception equation among practitioners sentences notably
judges. On latterly there are many Effort Body Belongs To State notably get
Persero's form that supplicated by bankrupt at Commerce Justice. Position Warms
Up State Belonging Effort as body of civil law can as creditor and get too as
debtor. If Effort Body Belongs To State have book debt and have maturity value
but its book debt nonpayment, therefore bases UU No. 40 Years 2007 about
limited liabilities and UU No. 37 Years 2004 about bankruptcy and Paying
liabilities Pauses Book Debts therefore necessarily gets to be supplicated by
bankrupts. But with marks sense arrangement about state wealth accompaniment in
capital BUMN Persero who gets bearing with arrangement about state finance,
therefore then evoking various opinion hits BUMN'S bankruptcy in particular
that gets to form Persero. Based on on that condition, this research is done
for menganalisis arrangement hits bankruptcy to BUMN Persero in its bearing
with limited liability bankruptcy bases UU No. 37 Years 2004, effect law for
the parties to bankrupt statement on BUMN Persero, and BUMN Persero's
bankruptcy if concerned by state asset position in BUMN. Observational exterior
target this is yielding scientific opus observational one be publicized on
journal. Approximate methods who will be utilized deep observational it is
normatif's judicial formality approaching. Ala does this research descriptive
analytical, which is with give picture specially up on aught fact. Data
collecting is done through
studi bibliography and studi is document that as data of secondary and
that dianalisis will kualitatif's ala. Based yielding observational
acknowledged that deep Section 2 sentences (5 ) UU No. 37 Years 2004 just
manage blurs only about bankruptcy BUMN which is just concerns BUMN that moving
at public behalf area and not give detail's ala formulation, remembering
terminological BUMN UU No. 19 Years 2003 is Perum and Persero. Hereafter been
known that bankrupt statement application to BUMN Persero, will take in law
effect to debtor and the parties which is available one needs dimintakan by
particular party and given institution assent or Rule of Reason , but there is
also that prevailing by that law, e.g. confiscate common. Known too that with
publishes it Supreme Court letter No. WKMA / Yud / 20 / VIII / 2006 dates 16th
August 2006 and publish PP No. 33 Years 2006 is next to be followed Finance
Minister statement which is corporate Credit managements States / Region is
done bases UU limited liabilities and UU BUMN, thing such it if bankruptcy
happening on BUMN Persero.
Keywords: BUMN Persero,
Bankruptcy, Arrangement
Penulis: Dewi Tuti Muryati, B.
Rini Heryanti, Dharu Triasih
Kode Jurnal: jpmanajemendd151415