ANALISIS YURIDIS KEPAILITAN PT MERPATI NUSANTARA AIRLINES (STUDI PUTUSAN NOMOR 04/PDT.SUS-PAILIT/2016/PN.NIAGA.JKT.PST DAN PUTUSAN NOMOR 5/PDT.SUS-PEMBATALAN PERDAMAIAN/2022/PN.NIAGA.SBY)

Jelita, Clarissa Ayang (2025) ANALISIS YURIDIS KEPAILITAN PT MERPATI NUSANTARA AIRLINES (STUDI PUTUSAN NOMOR 04/PDT.SUS-PAILIT/2016/PN.NIAGA.JKT.PST DAN PUTUSAN NOMOR 5/PDT.SUS-PEMBATALAN PERDAMAIAN/2022/PN.NIAGA.SBY). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Bankruptcy regulations in Indonesia are regulated in Law Number 37 of 2004. Article 2 paragraph (5) states that bankruptcy filing against State-Owned Enterprises (BUMN) engaged in the public interest can only be done by the Minister of Finance. Based on Law Number 19 of 2003, BUMN is divided into two forms: Persero and Public Company. BUMN in the form of Persero has capital divided into shares, with a minimum of 51% owned by the government, while Public Companies are fully owned by the state without any division of shares. BUMN Persero aims to seek profit, while Public Companies operate in the public interest. Therefore, only BUMN in the form of Public Companies can be filed for bankruptcy by the Minister of Finance. PT Merpati Nusantara Airlines is a BUMN Persero, with 93.27% of shares owned by the state and 6.37% by PT Garuda Indonesia. In decision Number 04/Pdt.Sus-PAILIT/2016/PN.Niaga.Jkt.Pst., the bankruptcy application was rejected because the judge considered that only the Ministry of Finance had the authority to file it. However, in 2022, PT Merpati was declared bankrupt through decision Number 5/Pdt.Sus-Pembanalan Perdamaian/2022/PN.Niaga Sby. When a BUMN Persero goes bankrupt, the state can withdraw the invested capital. Article 104 paragraph (2) of the Limited Liability Company Law states that directors are responsible for the company's obligations if the bankrupt assets are insufficient, unless the bankruptcy is not due to their fault. However, this is contrary to the Business Judgment Rule, which protects directors' business decisions unless there is a criminal element.

Item Type:

Thesis (Undergraduate)

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