KEPAILITAN PADA BADAN USAHA MILIK NEGARA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 124 K/PDT.SUS/2011 TENTANG PUTUSAN PAILIT PT. ISTAKA KARYA (PERSERO))

Main Authors: , CHERISH SHERY DESARYA, , Dr. Tata Wijayanta, SH., M.Hum.
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2013
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/118790/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=58766
Daftar Isi:
  • The purpose of this research is to analyze The Supreme Court Decision Number 124 K/Pdt.Sus/2011 and analyze what things should be considered in making decision stating that a state-owned company is bankrupt. The method used is juridical normative approach. The research data come from secondary data, including primary lawful materials, secondary lawful materials, and tertiary lawful materials. Analyze data of this research is descriptive-qualitative. Based on the result research, PT. Istaka Karya does pay off debts stemming from negotiable promissory notes-bearer to PT. JAIC Indonesia. After getting the facts, PT JAIC Indonesia filed a lawsuit in state court to appeal to The Supreme Court, but this situation does not make PT. Istaka Karya pay off debts and the and PT. JAIC Indonesia filed a bankruptcy petition against PT. Istaka Karya. Central Jakarta Commercial Court in its decision Number 73/PAILIT/2010/PN.JKT.PST rejected a bankruptcy petition filed by PT. JAIC Indonesia. Based on the decision, filed an appeal, The Supreme Court Decision Number 124 K/Pdt.Sus/2011 made decision that PT. Istaka Karya is bankrupt. It can be the concluded that The Decision of The Supreme Court was in accordance with The Act Number 37 of 2004 on Bankruptcy and Suspending the Obligation of Debt Payment, and there are three things you should consider before deciding bankruptcy of a state-owned company, and bankruptcy law should be revised terms related to bankruptcy petition.