Claim Missing Document
Check
Articles

Found 22 Documents
Search

RESTRUKTURISASI UTANG PT GARUDA INDONESIA, Tbk. SEBAGAI UPAYA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG KEPADA KREDITUR Widya Sari Amalia; Iswi Hariyani; Bhim Prakoso
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3658

Abstract

PKPU has a goal to improve the company from an economic standpoint and the company's ability as a debtor to make a profit, with this step it is hoped that the company can pay off its obligations. Settlement is not defined by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (hereinafter referred to as the Bankruptcy Law and PKPU). However, in this case the general understanding is as normalized in Article 222 of the Bankruptcy Law and PKPU that in principle the reconciliation plan includes an offer to pay part or all of the debt to creditors. In bankruptcy and PKPU cases, all creditors and debtors have the opportunity to submit a peace plan which can be part of a debt restructuring. SOEs have a responsibility in the problems being faced by PT Garuda Indonesia, Tbk. PT Garuda Indonesia, Tbk. is unable to pay its debts to creditors because of the equity of PT Garuda Indonesia,Tbk. recorded negative. The enormous debt made PT Garuda Indonesia, Tbk. choose to do debt restructuring even though the path chosen has a risk of bankruptcy. Even though PT Garuda Indonesia, Tbk. is experiencing financial problems. continue to run its business, this is in line with the principle of business continuity as normalized in 240 of the Bankruptcy Law and PKPU.
Responsibility of Companies Declared Bankrupt for Employee Wages Adiyata Segara Pradhana; Iswi Hariyani; Firman Floranta Adonora
Rechtenstudent Vol. 5 No. 1 (2024): Rechtenstudent April 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i1.323

Abstract

Employment or labor problems never end over time, from issues of protection, wages, welfare, industrial relations disputes, guidance and labor inspections, companies along the way do not always experience stable growth and a company can even experience bankruptcy. This research will focus on discussing what is the status of employee wages when the company is declared bankrupt?; Can objects with collateral rights to third parties be included as bankruptcy assets? Using normative juridical research methods and collaborating with the statutory approach and case approach, the answer was found, namely the judge's consideration at the cassation level in decision Number 625 K/Pdt.Sus-Pailit/2021 when correlated with article 102 paragraph 1 of Law Number 40 of 2007 concerning Limited Liability Companies. Every company must comply with the requirements of the company law and its implementing regulations. This element shows that the company adheres to a closed system. Apart from its unique characteristics, a Limited Liability Company also has advantages, including: As a result of limited liability, if the company has debt, shareholders are only responsible for the amount of capital they have paid in. A limited liability company is a legal entity. So that the continuity of the company as a legal entity is guaranteed even though the owner has changed.