Analisis Putusan Mahkamah Agung Mengenai Kepailitan PT Dirgantara Indonesia (PERSERO)  

Oleh:

Khairandy, Ridwan

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 28 no. 1 (2009), page 30-36.
Topik: Putusan Mahkamah Agung; Kepailitan; PT Dirgantara Indonesia; PERSERO; Corporation Law

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.10 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Corporation entity-henceforth called Persero is State Own Enterprise in form of limited entity which its capital split up into shares with total shares or minimum 51% of shares owned by Indonesian government and its main objective is profit gain. Toward Persero there is valid to employ all regulations and arrangements as stated in Law No. 1/1995 concerning Limited Corporation which has been substituted by Law No. 40/2007. Based on corporation law, Limited corporation as "human" owns its asset separated to taht of each shareholders for its business operation. Moreover, Limited corporation has also the right to be a creditor or debtor. Thus, according to the law it is legal for Limited enterprise to appeal a bankruptcy statement toward its debtor and vice versa the corporation could be appealed as insolvent by its creditor. In conformity with bankruptcy law, an outstanding company's debt that couldn't be paid on the maturity date may become a basis to claim an insolvent toward the company, so it happened to PT DI which has been appealed as a bankrupt company by its employees.

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