KEDUDUKAN MENTERI KEUANGAN DALAM KEPAILITAN PERUSAHAAN ASURANSI

Abstract

The research is aimed at investigating the exclusive position of the Minister of Finance as an applicant in an insurance company’s bankruptcy. This given authority has brought up issues in relation to law particularly concerning principle obedience. Problems raised in this research are, first, has Article 2 (5) Act No. 37 Year 2004 fulfilled the justice principle especially in the context of the nation’s role? Second, the given authority is in accordance with the positions and functions of the finance minister as “the government”. The methodology used in this paper is normative research. The research findings are: first, the nation’s participation in organising and overseeing the insurance company’s activities is fair. However, the chosen mechanism has actually ignored the law principles that have been agreed upon. The second finding, the position and the authority of the Minister of Finance as bankruptcy applicant has violated the positions and functions of a minister as it is already arranged in the Act of the Minister of State.