Reformasi Hukum Trisakti
Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti

PEMBERESAN UTANG PAJAK PT UNITED COAL INDONESIA KEPAILITAN PUTUSAN NOMOR 557 K/PDT.SUS-PAILIT/2018

Shodiq Aminullah (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Sri Bakti Yunari (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
22 Nov 2021

Abstract

In practice, the management and settlement of bankrupt assets often encounter disputes. This happened in the bankruptcy case of PT United Coal Indonesia, which had a tax debt that acted as a preferred creditor whose position was under a separatist creditor and the curator had not paid the debt until it was fully paid. Therefore, the main problem in this research is what is the position of the tax debt submitted by the creditor (Director General of Taxes) in bankruptcy and how to settle the tax debt in Decision Number 557 K/PdtSusBankrupt/2018 against PT UCI. The research method used is a descriptive normative research method based on secondary data, which is analyzed qualitatively by deductively drawing conclusions. The results of the study illustrate that the state in this case the tax debt should have a higher position than separatist creditors and concurrent creditors, and should prioritize its payments over other creditors as stipulated in Article 21 paragraph (3a) juncto paragraph 3 juncto paragraph 1 of Law Number 16 Year 2009 concerning General Provisions and Tax Procedures, and the curator should pay the tax debt until it is paid off.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...