The Petitioner’s Legal Standing In Verdict No.4/Pdt.Suspkpu/2018/Pn.Niaga Surabaya With The Case Of Loan Payment Suspension (PKPU) Based On Law No. 37 Of 2004

Abstract

Law Number 37 of 2004 concerning Bankruptcy and Suspension of Loan Payment has governed the process of Bankruptcy and Suspension of Loan Payment for State-Owned Corporations in which the one who has authority to submit the petition is the Ministry of Finance as the supervisory agency of a State-owned Corporation. Issue to be raised by the writer in this research is the Legal Standing of the Petitioner in Verdict Number 4 / pdt.sus-pkpu / 2018 / PN.Niaga Surabaya which involves a State-Owned Corporation namely PT Merpati Nusantara Airlines with its Creditors. The issue is analyzed with the applicable laws and regulations, courts verdicts, journals or articles, theories, legal concepts and views of prominent legal scholars. This study aims to determine the legal standing of the petitioner for the Loan Payment Suspension and the legal consequences of this verdict by using normative juridical method. Based on the results of this study, the verdict of Loan Payment Suspension of PT Merpati Nusantara Airlines causes on the state of free from Bankruptcy and the airline can operate again. In addition, through existing Homologation, this company gets an injection of funds from a new company partner. Thus, by operating again, the company can make payment of loans to its creditors, including employees and former employees of the company..