Juridical Analysis of Guarantee on State Assets Business Assets by PT. ACSET Review Decision Number 760/Pk/Pdt/2016 (Case Study of PT.PLN (Persero) Assets by PT. ACSET)
- DOI
- 10.2991/assehr.k.201209.125How to use a DOI?
- Keywords
- Confiscate collateral, Assets of state-owned enterprises, confiscate state asset
- Abstract
Based on Law Number 19 of 2003 concerning State Owned Enterprises Article 11 states that: “Against Persero all provisions and principles that apply to limited liability companies apply as stipulated in Act Number 1 of 1995 concerning Limited Liability Companies” Therefore the State Owned Enterprises in the form of Persero must comply with the Law of PT. But in the Case of Judicial Review Number: 760 / PK / PDT / 2016, PT. PLN (PERSERO) did not proceed accordingly, PT.PLN did not want to carry out the Court’s Decision which has a permanent legal force because of differences in views with Law Number 1 of 2004 concerning State Treasury which states that: “Any party is prohibited confiscating state property “So that it creates legal problems that need to be further investigated, namely how is the Application of Law on Execution of Assets of State-Owned Enterprises in the event of a lawsuit from another party? And how is the application of Article 11 of Law Number 19 of 2003 concerning State-Owned Enterprises to the Assets of State-Owned Enterprises in the Decision of the Supreme Court Number: 760 / PK / PDT / 2016? The results showed, in Law Number 19 of 2003 concerning BUMN could not be implemented and could not provide legal certainty due to differences in views with Law Number 1 of 2004 concerning State Treasury. Law Number 19 of 2003 concerning BUMN Article 11 is considered not harmonizing with Law Number 1 of 2004 concerning State Treasury Article 50.
- Copyright
- © 2020, 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/).
Cite this article
TY - CONF AU - Gunawan Djajaputra AU - Jessie PY - 2020 DA - 2020/12/12 TI - Juridical Analysis of Guarantee on State Assets Business Assets by PT. ACSET Review Decision Number 760/Pk/Pdt/2016 (Case Study of PT.PLN (Persero) Assets by PT. ACSET) BT - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020) PB - Atlantis Press SP - 798 EP - 803 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.125 DO - 10.2991/assehr.k.201209.125 ID - Djajaputra2020 ER -