Pembubaran PT. Merpati Nusantara Airlines (Persero) Pasca Putusan Pailit

Abstract

This study discusses the dissolution of a State-Owned Enterprise (SOE) in the form of a Persero, specifically PT Merpati Nusantara Airlines (Persero), following a bankruptcy ruling issued by the Commercial Court of Surabaya. PT Merpati Nusantara Airlines, as one of Indonesia’s state-owned airlines, experienced severe financial distress which led to the filing of a Suspension of Debt Payment Obligations (PKPU). Due to the failure to reach a peace agreement with its creditors, the company was subsequently declared bankrupt. This bankruptcy decision served as the legal basis for the company’s dissolution, regulated under Government Regulation Number 8 of 2023. The objectives of this study are to analyze: (1) the legal aspects of bankruptcy of Persero-type SOEs based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, (2) the state's financial responsibility in SOE bankruptcies, and (3) the legal implications of the dissolution of PT Merpati Nusantara Airlines (Persero) after the bankruptcy ruling. This research applies a normative legal method with a descriptive approach, using statutory and case study analyses. The data sources include primary legal materials, secondary legal materials, and non-legal references, which are analyzed qualitatively. The results of the study show that SOEs in the form of Persero are subject to bankruptcy procedures as regulated under the Bankruptcy Law (UUK-PKPU) and the SOE Law, with specific legal requirements. In such cases, the state's responsibility is limited to capital participation, and the dissolution process must follow legal mechanisms involving court decisions and government regulations. The dissolution of PT Merpati Nusantara Airlines (Persero) carries legal implications for the settlement of obligations to creditors as well as the termination of the company's legal entity status.