Jurnal Hukum IUS QUIA IUSTUM
Vol. 26 No. 2: MEI 2019

Kepailitan Terhadap Anak Perusahaan dalam Holding Company Badan Usaha Milik Negara

Chintya Dewi Restyana S (Fakultas Hukum Universitas Airlangga)
Nikmah Mentari (Fakultas Hukum Universitas Airlangga)
Sri Eka Wulandari (Fakultas Hukum Universitas Airlangga)



Article Info

Publish Date
22 Aug 2019

Abstract

Bankruptcy is a risk that can occur to both a subsidiary or a parent company in a state-owned holding enterprise. It is not a trivial matter for the state-owned holding company if its subsidiary suffers from bankruptcy, considering the position of the subsidiary and the parent company are separated, yet in some cases, the subsidiary is instead treated equally as a state-owned enterprise. The first issue would be, what is the legal relationship between the parent company and its subsidiary in the state-owned holding company; and second, how is the responsibility towards the bankrupted subsidiary. This research uses the normative juridical method. In which, it is concluded that first, as separate and independent entities, both the parent company and its subsidiary are restricted by the nature of separate legal entities and limited liabilities in carrying out their respective activities, even though they are bound under the same holding company. Second, the bankruptcy of a subsidiary of the state-owned holding company can occur and the responsibility of the parent company is limited to the shares that it owns, and if it is discovered that in its financial management, the parent company contribute in the bankruptcy of the subsidiary, then the responsibilities can expand.

Copyrights © 2019






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...