PT BME Sued For Bankruptcy, Expert Asks Investors To Be Careful

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JAKARTA - The bankruptcy lawsuit against mining company PT Bumi Merapi Energi (BME) operating in Badminton South Sumatra can actually worsen the company's image and legal consequences for its investors. Including confiscation of guarantees for BME's assets during the lawsuit process and not yet inckracht.

"The suspension of company operations and confiscation of guarantees can be carried out while the Bankrupt lawsuit process is ongoing," UGM legal expert Muhammad Fatahillah Akbar told reporters in Jakarta, Wednesday, July 12.

After a court decision declares BME bankrupt, said Akbar, the curator immediately takes over the management.

"If it becomes bankrupt and granted, the curator will immediately take over the assets and management of BME. It is better if PT BME immediately pays off their debts so that they don't need to be cut off," he said.

Meanwhile, Trisakti University Jakarta legal expert Abdul Fickar Hadjar said that later there would be legal consequences for investors investing in PT BME while in the process of being sued for bankruptcy.

"It is very risky to invest in this company because if it is cut off, the curator will auction off all debtor bankruptcy assets to pay all of his debts," said Fickar.

For this reason, he continued, companies being sued for bankruptcy can take mediation with creditors to promise to pay off all their debts. "If they have been paid, their bankruptcy status can be revoked and investors are guaranteed legal certainty when investing," he said.

Meanwhile, Pelita Harapan University legal expert, Jamin Ginting, assessed that PT BME's bankruptcy lawsuit could affect the company's overall business performance.

"Investors must be afraid to invest their money in companies that are sued for bankruptcy. Even investors can be affected by the impact because their investment money will definitely be included in the list of confiscations of the curator's auction," said Jamin.

According to him, this bankruptcy lawsuit occurs if creditors are of the view that debtors' debt is greater than their assets.

"The assets are very small, while the debt is large, so it is impossible for the business to continue, because according to creditors it is no longer able to afford it, they should be asked to go bankrupt. Or creditors think that debtors have no good intentions to pay their debts. So investors must be careful," he said.

Previously, PT RUBS sued PT BME's bankruptcy to the Central Jakarta District Court.

"We have included a bankruptcy lawsuit against PT Bumi Merapi Energi (BME) at the Central Jakarta District Court over a long due debt and today, Tuesday, July 11, 2023, has undergone the first trial," said PT RUBS attorney Sandra Nangoy to reporters.

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, apart from being in debt to PT RUBS, it turns out that PT BME 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 pay off at the mediation moment later.