KEDUDUKAN PERSEROAN TERBATAS PAN UNITED DALAM PERKARA KEPAILITAN YANG DILAKUKAN OLEH KOMISARIS PERSEROAN TERBATAS PAN UNITED ( STUDI PERKARA KEPAILITAN NOMOR 14/ PAILIT/ 2011/ PN. NIAGA MEDAN)
ABSTRACT: Bankruptcy in Indonesia
is regulated in Law Number 37 Year 2004 on Bankruptcy and Suspension of
Payment. Limited liability company has an organ that has the authority and responsibility
of its own which is stipulated in the Articles of Association and Law Number 40
Year 2007 on Limited Liability Companies. This never happened in the Limited
Liability Pan United that bankrupted by Chee Kong Chui, through the decision of
the Commercial Court of Medan in Case No. 14 / Pailit / 2011 / PN. Medan Niaga,
the verdict PT. Pan United appealed to the Supreme Court of the Republic of
Indonesia, the Supreme Court accepted the appeal application PT. Pan United and
Commercial Court canceled the verdict of the Supreme Court of Medan via
Decision No. 188 / KPdt.Sus / 2012. As for the purpose of this thesis are:
First, What is the status Limited Liability Company in the bankruptcy case
number 14 / Pailit / 2011 / PN. Medan Niaga; second, How considerations
bankruptcy judge in case number 14 / Pailit / 2011 / PN. Medan Niaga is already
with the provisions of applicable law. This type of research can be classified
on thekind of normative juridical research, because this research can be
classified in this type of research on library materials. Source of data used
is primary data, secondary data and datatertiary data collection techniques in
this research study of literature. Analysis of the data used in this study is
qualitative. The results showed that: First, the position of Limited Liability
Pan United is not the debtorof the applicant Kong Chee Chui clearly that the
Commissioner Song Ghee Hong outsidekewenagannya acts as commissioner and PT.
Pan United did not exist receive the loan money. This is made clear in Article
45 Code of Commerce and Article 1656 of the Civil Code. Second, the
considerations of judges at the Commercial Court of Medan has misapplied the
law by deciding PT. Pan United's bankruptcy with all the legal consequences.See
the position of PT. Pan United that is not a debtor of Chee Kong Chui.
Considerations Judges of the Supreme Court in ruling No. 188 / KPdt.Sus / 2012
which has the right to annul the decision of the Commercial Court of Medan. Advice,
Before doing borrowing money agreement, creditors must make Deed agreement between
the creditor and the debtor prior to clearly understand the purpose and
intention of borrowing money by knowing the position of the Borrower. The
commercial court as thecourt who coined the authority to hear the case of
bankruptcy should be right in deciding a case of bankruptcy in order to provide
legal certainty to both parties in resolving cases
Penulis: Ririn Erida Hutagaol
Kode Jurnal: jphukumdd151189
