Analisis Yuridis Perbedaan Putusan dalam Perlakuan Aset Penyertaan Modal Negara dalam Kasus Kepailitan Bumn Persero (Studi Dua Perusahaan Bumn Persero PT.Merpati Nusantara Airlines dan PT.Istaka Karya) Analisis Yuridis Perbedaan Putusan dalam Perlakuan Aset Penyertaan Modal Negara dalam Kasus Kepailitan BUMN Persero (Studi Dua Perusahaan BUMN Persero PT.Merpati Nusantara Airlines dan PT.Istaka Karya)

Abstract

BUMN (Persero) is one form of BUMN in Indonesia which is divided into shares with a minimum ownership of 51% by the state. Capital participation by the state to BUMN (Persero) comes from separated state assets, so that its management responsibility applies the principles of good corporate governance. Therefore, the regulations and provisions in BUMN (Persero) follow the provisions as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. As for when BUMN (Persero) experiences financial problems and ends up facing bankruptcy. The main problem in this study is how the legal arrangements regarding the bankruptcy of BUMN Persero are associated with state capital participation, and what is the legal status of the assets of State-Owned Enterprises (BUMN), and why there are differences in court decisions on the application for bankruptcy of State-Owned Enterprises (Persero), especially on the confiscation of their assets. The research is a normative juridical research in the form of legislation related to the BUMN Law, State Finance Law, Limited Liability Company Law and Bankruptcy Law by reviewing the Law. The approach taken is a statutory approach (statue approach). The statue approach is carried out by examining all laws and regulations related to the legal issues being addressed. This paper analyzes the differences in judges' opinions related to the decisions on the Bankruptcy Application of BUMN (Persero), especially in the decisions of PT Merpati Nusantara Airlines (Persero) and PT Istaka Kara (Persero). Until now there has been no clear arrangement related to the financial entity of BUMN (Persero) in Law Number 17 Year 2003 concerning State Finance. When referring to Article 50 of Law Number 1 Year 2004 concerning State Treasury, there are differences in conception in understanding whether or not BUMN (Persero) can be declared bankrupt.