Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia

Research Article

The Limited Partner Position in bankruptcy Limited Partnership (CV) in Indonesia

Download550 downloads
  • @INPROCEEDINGS{10.4108/eai.16-10-2019.163230,
        author={Siti Mahmudah and Siti Malikhatun Badriyah and Kashadi Kashadi},
        title={The Limited Partner Position in bankruptcy Limited Partnership (CV) in Indonesia},
        proceedings={Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia},
        publisher={EAI},
        proceedings_a={ICBLP},
        year={2020},
        month={2},
        keywords={Limited Partner Position; bankruptcy Limited Partnership},
        doi={10.4108/eai.16-10-2019.163230}
    }
    
  • Siti Mahmudah
    Siti Malikhatun Badriyah
    Kashadi Kashadi
    Year: 2020
    The Limited Partner Position in bankruptcy Limited Partnership (CV) in Indonesia
    ICBLP
    EAI
    DOI: 10.4108/eai.16-10-2019.163230
Siti Mahmudah1,*, Siti Malikhatun Badriyah1, Kashadi Kashadi1
  • 1: Faculty of Law, University of Diponegoro, Indonesia
*Contact email: Sitimahmudah.fhundip@gmail.com

Abstract

Limited Partnership or CV is a form of company which is used in the running of the company. There are two types of partner in the Limited Partnership that is complementary partner or managing partner and limited partner. Article 1 (11) Act No. 37 Th 2004 about Bankruptcy and PKPU (UUK-PKPU) set about the debtor that can be requested to be declared bankrupt, one of them was the Limited Partnership. Related to the bankruptcy of Limited Partnership, interesting to review more about the Limited partner. Can Limited partner responsible for inbrenk be requested to be declared bankrupt against the Limited Partnership debt that is settlement bankruptcy? Statements in bankruptcy can only be addressed to the debtor who has at least two creditors and do not pay in full at least one loan that already fall time and billable (article 2 paragraph UUK-PKPU). In Indonesia Limited Partnership not a legal entity so that it's not legal subjects as Limited liability company. UUK-PKPU does not regulate who can be petitioned to be declared bankruptcy Limited Partnership. According to article 19 KUHD managing partner are responsible for debt limited partnership. According to article 21 KUHD limited partner are also responsible as managing partner if they carry out management or work in the limited partnership. Limited Partner can thus serves as the debtor that can be petitioned to be declared bankrupt in bankruptcy Limited Partnership if it complies with the provisions of article 21 KUHD and article 2 paragraph 1 UUK-PKPU.