The Anomaly of Bankruptcy in the Indonesian Mining Law

DOI

10.2991/iceml-18.2018.6How to use a DOI?

Keywords

mining law, bankruptcy law, constitution

Abstract

Indonesian mining law has decided to adopt bankruptcy as a tool of power to control mining business in Indonesia. Under article 119 Act number 4 year 2009 states that government has the authority to withdraw mining licenses in the event of bankruptcy. In this law states in this cases is government exercises its power by utilizing bankruptcy system. But bankruptcy is not regulations that stand alone; it is a system that has been built through principles of law and constitutional process. Furthermore, bankruptcy system has clearly states that in order to protect the right of creditors and debtor (both parties are identified as citizens) the existence of principle of continuation of business is clearly taken in the article 104 Act number 37 year 2004. The law ensures that the debtor that has been declared as bankrupt has the right under the approval of the board of creditor to be operated in order to open the possibility of acquiring payment through business operation and also to be able to pay debtor obligation to society and to the state. The contradiction of Indonesian mining law and Indonesian Bankruptcy law is clearly seen. This paper is aimed to address that the principles of law and constitutional rights has heavily chosen its side to bankruptcy law other than mining law.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Al Araf
AU  - Hendra Kurnia Putra
AU  - Awan Puryadi
PY  - 2018/09
DA  - 2018/09
TI  - The Anomaly of Bankruptcy in the Indonesian Mining Law
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 19
EP  - 21
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.6
DO  - 10.2991/iceml-18.2018.6
ID  - Araf2018/09
ER  -