JAKARTA - The bankruptcy lawsuit of PT Bumi Merapi Energi is reported to have been entered at the Central Jakarta District Court. The lawsuit was filed by PT RUBS because BME has not fulfilled its obligations.
"We have included a bankruptcy lawsuit against PT Bumi Merapi Energi (BME) at the Central Jakarta District Court over debts that have long matured", said PT RUBS attorney Sandra Nangoy to reporters, Monday, July 3.
His party was forced to sue BME because the mining company had no good intentions to pay off its debts.
"Because PT BME has not paid off the debt, it has resulted in the operation of our client, PT. RUBS has become very disturbed", he said.
To note, in addition to debting to PT RUBS, it turns out that PT BME in South Sumatra has also owed and does not keep its promise or pay the debts of several other companies. However, said Sandra, PT. RUBS and other company companies remain open to the good intentions of the owner of PT BME, namely Tony Tatung to communicate and repay at the mediation moment later.
"We are still open to resolving this case at a mediation moment, even then if PT BME has good intentions to pay off its debt", said Sandra.
Meanwhile, mining legal expert Ahmad Redi assessed that if a mining company was bankrupt, PT BME's Mining Business License (IUP) would be revoked.
"This is a double loss that PT BME can receive, it has been automatically bankrupted. The IUP will be revoked by the Minister of Energy and Mineral Resources in accordance with Article 119 of the Minerba Law", he said.
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"Although he was declared bankrupt, if the IUP has not been revoked, the company can still carry out transactions carried out by the Curator appointed by the Commercial Court as part of the going concern work in the bankruptcy regime", said Ahmad Redi.
Similarly, UGM legal expert Muhammad Fatahillah Akbar believes that the mediation moment can be used by the two disputed parties so that a win-win solution is agreed.
"Now, when the company holding the IUP is bankrupt, all business activities should stop. Unless it is agreed in mediation that the Curator will hold an on going concern, then the IUP can still be used for the purpose of paying off creditors", said Akbar.
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