Liquidator Liabilities in Doing Management and Settlement of the Company’s Assets

DOI

10.2991/978-2-494069-93-0_68How to use a DOI?

Keywords

Process; liquidation; Company

Abstract

The government passed Investment Law Number 25 of 2007. Investors are required to follow all applicable rules and regulations. Employers must submit to the government before carrying out their operations, according to Article 6 of Law Number 7 of 1981 Concerning Mandatory Reporting of Employment in Companies. Among the topics covered in these studies is worker safety. Article 142 of Law Number 40 of 2007 governs the Company’s dissolution in the event of a GMS ruling. The liquidator must carry out the liquidation when the Company is dissolved. The government must be notified 30 days in advance of the Company’s operations ceasing. The duties that have been and will be imposed on their employees are one of the criteria. According to the applicable rules and regulations, the dissolved company appoints a liquidator to oversee and settle the company’s assets. The research tries to determine how employees’/laborers’ rights are paid upon the dissolution of the Company, what the liquidator’s commitment to workers’ rights is, and what the government’s stance toward the dissolution of the Company is. The rule of law theory and the notion of justice are employed. The findings suggest that normative and sociological legal approaches may be used to undertake research on management and settlement by liquidators. In addition, interviews were conducted with workers, the government, and liquidators. To summarize, workers are not entitled to severance compensation under Article 164 paragraph (3) of Manpower Law Number 13 of 2003. Workers’ rights under relevant regulations are not respected by liquidators.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sri Wahyu Liesyowati
AU  - Darwati Darwati
PY  - 2023
DA  - 2023/01/25
TI  - Liquidator Liabilities in Doing Management and Settlement of the Company’s Assets
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 572
EP  - 580
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_68
DO  - 10.2991/978-2-494069-93-0_68
ID  - Liesyowati2023
ER  -