Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam

The Debt of the Government of the Republic of Indonesia Against PT. Cipta Marga Nusaphala Persada

Zulfikar, Muh. Reza (Unknown)
Suprapto (Unknown)
Lawra, Rifqi Devi (Unknown)
Razy Mahka, Muh. Fachrur (Unknown)



Article Info

Publish Date
12 Aug 2023

Abstract

Early June 2023 the majority shareholder of PT. Cipta Marga Nusaphala Persada Jusuf Hamka collected a debt of 800 billion to the government. However, IBRA (National Bank Restructuring ­­­Agency) rejected CMNP's request because the company is affiliated with Bank Yama, so CMNP is not the responsibility of the Government. Therefore, CMNP filed a lawsuit with the South Jakarta District Court up to PK at (MA). In the end, in 2010 the lawsuit was won by CMNP AND the state was burdened with a 2% tax each month on the debt and it was estimated along with interest that the total was 800 billion. However, within 13 years the Government has not settled the debt. Based on this research aims to analyze the position of government debt to CMNP from the perspective of decency and justice. This research is a normative method with a normative juridical approach that uses grammatical and systematic analysis techniques. Secondary legal materials from this study consist of court decisions, related regulations, legal doctrine, and expert opinions. The results of the study show that the government's actions that have not paid off CMNP's debt are actions that violate the principles of good faith and propriety in law because one indication of implementing these principles is fulfilling the agreements made. So that the prohibition of the agreement with CMNP is an act that is inappropriate and not in good faith. In addition, these actions also violated the principle of justice because the Government did not comply with court decisions and agreements with CMNP.

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Journal Info

Abbrev

jurisprudensi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles ...