Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Happy Rayna Stephany, Fathan Qorib, Robert Sidauruk
Due to the high number of bankruptcy cases and the postponement of debt settlement obligation (PKPU) involving investment companies, law practitioners recommended that Law No. 37 of 2004 on Bankruptcy and PKPU (Bankruptcy Law) should be revised.
Dedyk Eriyanto Nugroho, the lawyer who recommended the revision, said that those cases—mostly involving companies that offer investment in the form of gold—have created a bad investment climate in Indonesia.
“To prevent this, the Financial Services Authority (OJK) must be the only institution that can file a bankruptcy petition for investment companies,” Dedyk explained in Central Jakarta District Court, Monday (29/4).
Under Bankruptcy Law, there is no provision stating which institution is authorized to file for bankruptcy for investment companies.
Article 2 of Bankruptcy Law only stipulates on bankruptcy petitions for the following institutions: banks, which must be filed by Bank Indonesia; insurance companies, which must be filed by the Minister of Finance; and stock companies and stock exchange, which must be filed by Bapepam-LK.
In response, Nurhaida, Commissioner of Capital Market at OJK, asserted that if the investment companies are engaged in the stock market, then OJK is already authorized to file the bankruptcy petition—as Bapepam-LK’s authority has been transferred to OJK.
“However, if [the investment companies do not get engaged in the stock market], then OJK has no authority to file the bankruptcy petition,” Nurhaida concluded.
(hot/jt)
Happy Rayna Stephany, Fathan Qorib, Robert Sidauruk
Due to the high number of bankruptcy cases and the postponement of debt settlement obligation (PKPU) involving investment companies, law practitioners recommended that Law No. 37 of 2004 on Bankruptcy and PKPU (Bankruptcy Law) should be revised.
Dedyk Eriyanto Nugroho, the lawyer who recommended the revision, said that those cases—mostly involving companies that offer investment in the form of gold—have created a bad investment climate in Indonesia.
“To prevent this, the Financial Services Authority (OJK) must be the only institution that can file a bankruptcy petition for investment companies,” Dedyk explained in Central Jakarta District Court, Monday (29/4).
Under Bankruptcy Law, there is no provision stating which institution is authorized to file for bankruptcy for investment companies.
Article 2 of Bankruptcy Law only stipulates on bankruptcy petitions for the following institutions: banks, which must be filed by Bank Indonesia; insurance companies, which must be filed by the Minister of Finance; and stock companies and stock exchange, which must be filed by Bapepam-LK.
In response, Nurhaida, Commissioner of Capital Market at OJK, asserted that if the investment companies are engaged in the stock market, then OJK is already authorized to file the bankruptcy petition—as Bapepam-LK’s authority has been transferred to OJK.
“However, if [the investment companies do not get engaged in the stock market], then OJK has no authority to file the bankruptcy petition,” Nurhaida concluded.
(hot/jt)