PENYALAHGUNAAN KONTRAK KERJASAMA ANTARA PT TELEKOMUNIKASI SELULAR DAN PT PRIMA JAYA INFORMATIKA DALAM PENGAJUAN KEPAILITAN DI PENGADILAN NIAGA JAKARTA PUSAT

Abstract

At 2012, PT Prima Jaya Informatika sued PT Telekomunikasi Selular in the Commercial Court with number of Court Decision : 48/PAILIT/2012/PN.NIAGA.JKT.PST. PT Telkomsel declared bankrupt by the Court. This case made controversies in the legal community. PT Telkomsel is the biggest telecomunication operator in Indonesia with 111 Trillion Rupiah in asset (based on the latest financial statements in the 2012). It has 140 million customers. PT Telkomsel was declared bankrupt by the court with Rp 5,260,000,000,- in debt. The purpose of this research is to know whether purchase order can be the evidence of the debt in due and to know where the legal loophole which can be used by the creditor to sue the debitor, then to know whether the big company can be sued by the smaller company with the small value of debt. The result of this research is Purchase Order is not the same as debt note, therefore it can't be used as a debt evidence.