Pemberian jaminan pemerintah untuk percepatan pembangunan pembangkit tenaga listrik yang menggunakan batubara ditinjau dari hukum jaminan Indonesia
The aims of this research was first, examining the suitability of the provision of the government guarantee on PLN debt for the fast track program of coal fired steam power plants development in accordance with the Indonesian Security Law and legal basic of its payment considering with state finance...
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| Format: | Theses and Dissertations NonPeerReviewed |
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[Yogyakarta] : Universitas Gadjah Mada
2009
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| Online Access: | https://repository.ugm.ac.id/81092/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=41956 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The aims of this research was first, examining the suitability of the provision of the government guarantee on PLN debt for the fast track program of coal fired steam power plants development in accordance with the Indonesian Security Law and legal basic of its payment considering with state finance regulations and second, observing legal protection for the parties related to the requirements in the government guarantee. This research used method of juridical normative approach in studies focused on the research literature to obtain the literature data or secondary data and supported the field research to obtain primary data in order to complement secondary data. The specification of this research used was analytical descriptive as it strives to provide descriptions and to analyse of the object by utilizing the principles, theories and laws. Pursuant to the research result, the conclusion can be said that the government guarantee on PLN debt for the fast track program of coal fired steam power plants development as stipulated in President Decree Number 91 the year 2007 and The Minister of Finance Decree Number 44/PMK.01/2008 have been in accordance with the Indonesian Security Law, especially in the surety (a guarantee of debt), and the payment is based on the state finance regulations. Given the provisions of the surety (a guarantee of debt) in the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) is complementary (not imperative), all terms and conditions stipulated in The Minister of Finance Decree Number 44/PMK.01/2008 will apply for the parties agreed on (accept) the government guarantee based on the party autonomy doctrine (Article 1338 paragraph 1 of the Civil Code). Parties who feel aggrieved due to the deeds/actions of others be able to make a claim or submit a lawsuit through the Jurisdiction Court under Article 1365 of the Civil Code. |
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