TINJAUAN YURIDIS ATAS PENANGANAN PIUTANG OLEH PT. PERUSAHAAN GAS NEGARA (PERSERO) TBK SEHUBUNGAN DENGAN PELAKSANAAN PERJANJIAN JUAL BELI DAN PENYALURAN GAS DENGAN PELANGGAN

• Main Authors: , Raden Mohamad Edwin, SH, , Sularto, S.H. C.N. M.Hum.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/89027/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51001
• Institution: Universitas Gadjah Mada

The purpose of establishing a State Owned Enterprise (�BUMN�) in a form of a company, such as PT Perusahaan Gas Negara (Persero) Tbk. (�PGN�) is to gain profit in order to add value to the company by signing the Gas Sale and Purchase Agreements with the customers (GSPA). One of the consequences that might rise in the implementation of GSPA is a credit, which occurs when customer could not fulfill his obligation to pay the gas bill as stated in the GSPA. In practices, there are some issues in handling a credit. Especially because there is a possibility that such credit could not be paid due to mishandling of non-accordance with the prevailing regulation. And a result, this causes a loss of profit to the company. Prior to the execution of Undang-Undang Nomor 19 Tahun 2003 concerning State Owned Enterprise (hereinafter refer as UU BUMN), a treatment of BUMN�s credit (including its write-off) is conducted the same procedure as a treatment of a state�s credit. The concept of state asset separation in BUMN as stated in UU BUMN, the treatment of BUMN�s credit is run by corporate mechanism based on the principle of good corporate governance. This research is a descriptive and analytical research that explains whether PGN�s credit is considered as a credit belong to the state or not, whether the treatment of PGN�s credit is executed as in accordance with the prevailing regulation or not, and also discuss the legal effort that could be taken by Government as the major shareholder in case PGN suffers loss due to its credit treatment and also the legal effort that could be conducted by PGN in order to settle its credit through empirical normative judicial approach by conducting an analysis based on secondary data in form of primary, secondary and tertiary legal materials. The researcher will conduct an analysis by normative qualitative mean with accordance to those data. The result shows that PGN�s credit is not considered as a credit belong to the state. The treatment of PGN�s credit has been executed in accordance with the prevailing regulation. Government as the major shareholder could apply a claim to the PGN�s Board of Directors and Commissioner in case PGN suffers loss and on the other hand, PGN could conduct several numbers of legal efforts to settle its credit by making a loan agreement, cooperatee with factoring company, mediation, through an alternative dispute resolution, or credit payment postponing.