LIQUIDATOR LIABILITIES IN DOING MANAGEMENT AND SETTLEMENT OF THE COMPANYS ASSETS
Sri Wahyu Liestyowati, Dr. Darwati, SH., MH

Borobudur University

Abstract

The government enacted Law Number 25 of 2007 concerning Investment. Investors are obliged to comply with all provisions of laws and regulations. Prior to carrying out its activities, employers are required to report to the government based on Article 6 of Law Number 7 of 1981 concerning Mandatory Reporting of Employment in Companies. These reports include, among others: protection of workers. Article 142 of Law Number 40 of 2007 regulates the dissolution of the company based on the decision of the GMS. The said dissolution of the company must be followed by liquidation carried out by the liquidator. The closure of the companys activities must be reported to the government 30 days in advance, one of the requirements is the obligations that have been and will be carried out on their employees, in accordance with the prevailing laws and regulations, the company to be dissolved appoints a liquidator for the management and settlement of the companys assets. Problem formulation: How is the payment of workers rights for the dissolution of the company?, What is the liquidator^s obligation to settle the company?, What is the governments attitude towards the company? Normative and sociological juridical methodologies, by conducting research on management and settlement by liquidators. Furthermore, conducting interviews with workers, the government and liquidators. The theory used is the rule of law theory and the theory of justice. In conclusion, workers do not get their rights to severance pay in accordance with Article 164 paragraph (3) of Law Number 13 of 2003 concerning Manpower. Liquidators do not pay workers rights in accordance with applicable regulations.

Keywords: Process, liquidation, Company

Topic: Law on Criminal Act of Corruption and Asset Recovery