| Summary: | This research is aimed at analyzing the accuracy of implementing the bankruptcy
requirements in handing down the Commercial Verdict Number:
48/Pailit/2012/PN.Niaga.Jkt.Pst regarding the bankruptcy of PT. Telkomsel and
analyzing the minimum debt limit in the bankruptcy requirements in the Act Number
37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligation in
order to prevent the bankruptcy verdict on a Company which has huge asset value,
but has little debt.
This research belongs to a nor mative legal research. It employed a library research
relying on the source of secondary data and taken from primary, secondary and
tertiary law materials. The secondary data were collected through documentary
method using the instrument of document study. The data were analyzed using
qualitative analysis method.
The research result concludes that the Commercial Verdict Number
48/Pailit/2012/PN.Niaga.Jkt.Pst regarding the bankruptcy of PT. Telkomsel did not
meet the bankruptcy requirements regulated in the Act Number 37 of 2004 regarding
Bankruptcy and Suspension of Debt Payment Obligation. This was because the
verdict did not consider witnesses and experts� testimonies as well as evidences on
balance and the legal consideration was taken inaccurately. The research result
concludes that it is necessary to provide a minimum debt limit in the bankruptcy
requirements of the Act Number 37 of 2004 regarding Bankruptcy and Suspension of
Debt Payment Obligation in order to prevent the bankruptcy verdict to be easil y
handed down to a solvent company, to balance the legal protection towards the
creditor and debtor�s interest, and to prevent the possibility of arbitrariness conducted
by the minority creditor towards the majority creditor.
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