Analisis terhadap Putusan Pengadilan Niaga Medan Atas Penolakan Permohonan Penundaan Kewajiban Pembayaran Utang terhadap Anak Perusahaan Badan Usaha Milik Negara (Studi Putusan Nomor 15/Pdt.Sus-PKPU/2019/PN Niaga Mdn)

Abstract

The legal position of SOE subsidiaries does not have legal certainty, giving rise to multiple interpretations. Multiple interpretations exist in laws and jurisprudential decisions, namely the Supreme Court decision Number: 21P/HUM/2017 and the Constitutional Court decision Number 01/PHPU-PRES/XVII/2019. The State in Relation to Authorized Parties Submitting Applications for Bankruptcy and Suspension of Obligations for Payment of Debt, How is the Analysis of Judgments and Decisions of Judges Regarding the Refusal of Applications for Suspension of Obligations for Payment of Debt of Subsidiaries of State Owned Enterprises Based on Decree Number 15/Pdt.Sus-PKPU/2019/PN Niaga Mdn, and What are the Legal Consequences Regarding the Refusal of Requests for Postponement of Debt Payment Obligations Against Subsidiaries of State-Owned Enterprises in Decision Number 15/Pdt.Sus-PKPU/2019/PN Niaga Mdn. This study uses Normative Juridical Law research which is Descriptive Analysis. The approach used is the law approach, and the case approach. Source of data used in the form of secondary data. Data collection techniques and tools used were library research, field research, document studies and interview guides. Data analysis was carried out qualitatively. The results showed that the BUMN subsidiary, namely PTPN I, was a holding structure of PTPN III, which declared the status of a BUMN, due to direct state capital participation in the form of 1 Series A Dwi Warna share. In accordance with PP No. 72 of 2016 that a subsidiary in the holding structure, namely PTPN I, receives a special assignment from the government in the form of a Public Service Obligation (PSO), Management Rights (HPL) and the Partnership and Community Development Program (PKBL), Based on Article 2A Paragraph (7) ) a BUMN subsidiary in a holding structure, namely PTPN I, is treated the same as a BUMN. As a result, creditors are not authorized to apply for bankruptcy and PKPU, but are the Minister of Finance in accordance with Article 223 in conjunction with Article 2 paragraph (5) of Law Number 37 Years.