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BACKGROUND

in the world of business a company is inseparable with a profit or loss. Every business that
is conducted also have risks respectively. one of the risks that can naturally perusahaa is
kebankrutan. Many of the businesses that survive and are capable of thriving in an era right now.
However, many large companies have long standing should be bankrupt because it could not afford
to compete with existing companies at the time now or the abundance of debt owned because it
was unable to pay due to lack of funding.
bankruptcy is a condition when the company experienced the inadequacy of funds to run
his business or the inability of a company in continuing operations due to lack of a decline.
According to the Act No. 4 of 1998 year of bankruptcy, state that kebankrutan as a situation which
was declared bankrupt by the Court ruling.
Bankruptcy is a condition in which a company is difficult or unable to undergo
kewajipanya. There are several factors that can cause a bankruptcy, such as when companies
cannot pay the debt due, his debt is higher than the profit. Bankruptcy can occur because there are
several factors that cause economic factors occur in the presence of inflation and deflation in prices
of goods and services, in the form of social factors shape the community lifestyle changes that can
affect Government against the products and services or another and so on. other factors i.e. factors
of competition. more competition will be increasingly difficult to keep the defence effort.
in indonesia, there are also some cases of bankruptcy that befell an enterprise.
PT. Mrs Meneer is herbal medicine that is already long standing but should be filed for
bankruptcy due to several problems that afflict PT. Mrs Meneer. very unfortunate company herbs
that have been standing since the 90s must be filed for bankruptcy.
REVIEW COMPANY
Herbal medicine is one of the cultural heritage of the past that continue to survive until
today. Although not known for certain when the start of the tradition of preparing and drinking
herbal medicine. time of first herbal medicine is the exclusive consumption of residents of the
Palace, but the growing age of the herbal medicine is not only enjoyed by citizens of the Palace,
but also the wider community. prescription herbal medicine already inherited hereditary and
becoming an heirloom treasure Javanese in particular. One of the companies that participated in
the preserve herbal medicine herbal medicine is Nyonya Meneer.
Nyonya Meneer, a Chinese woman born in Sidoarjo in 1895 is referred to as Lauw Ping
Nio. The name Meneer is carried not because he is a wife of Meneer, which comes from the name
of rice menir, which is to receive fine grains of pulverizing rice. Currently in reserve, leave it alone
and get this rice from these siblings then name it Menir. Because of the influence of the Dutch
language, the word menir was finally written as "Meneer".
Meneer then married a man from Surabaya named Ong Bian Wan. After marriage, he was
brought by the husband to move to Semarang, Central Java. At the beginning of the 20th century,
the Indonesian people were in a very alarming period due to the cruel treatment of the Dutch
colonial government. Mrs Meneer's husband did not escape being a victim, he fell ill and had
difficulty recovering. But precisely when it was in the midst of these limitations and concerns,
Nyonya Meneer proved her talent and expertise in concocting herbs. It turned out that the herb was
effective even though various treatments were unable to restore the condition of her beloved
husband.
This East Java entrepreneur engaged in the herbal medicine industry since 1919. Then in
1940 One of the children of Nyonya Meneer, Nonnie decided to move to Jakarta to open the
Nyonya Meneer booth on Jalan Juanda, Pasar Baru. From Jakarta, the name Nyonya Meneer has
spread to all corners of the country. in 1952 Hans Ramana, one of Mrs Meneer's children,
continued her business. Unfortunately, during his leadership period he still used the old system so
that he only pursued profit.
Then, with Charles Saerang, one of Nyonya Meneer's grandchildren who holds the largest
share, so it is more free to control the company. PT. Nyonya Meneer becomes more developed and
lived with professionals. So that it is not only seeking profit but also strengthening the steps in
facing competition in this 21st bada.
the more a business develops, market competition increases. Competition in the herbal
world is felt increasingly tight by Nyonya Meneer's company because more and more herbal
medicine businesses sell products at different prices. PT. Sido Appears and PT. The fountain is
two companies that are very wary of PT. Nyonya Meneer. in 1984 the Nyonya Meneer museum
was established in Semarang and was the first herbal medicine museum in Indonesia. The purpose
of the establishment of this museum is as a cultural heritage and information center, promotion,
and media for preserving traditional cultural heritage. It can also be a medium of education and
recreation for young people in particular.
Not only setting up a museum, Nyonya Meneer also set up a garden, Taman Djamoe
Indonesia. Official on February 28, 2011, Semarang, Central Java. with the existence of Taman
Djamoe Indonesia this can make the means of preservation of rare medicinal plants and a means
of research for industry and farmers.
Jamu which is a typical Indonesian concoction drink has been enjoyed by all people. some
even make herbal medicine as a routine consumption because it gets the benefits of herbal
medicine. However, not all people enjoy or like herbal medicine because it tastes bitter dominant.
Therefore to expand the reach of the herbal market, Nyonya Meneer founded a cafe, namely,
Meneer Cafe Express. This cafe aims to attract the interest of teenagers to be interested in herbal
medicine.
Not only establishing a cafe, Nyonya Meneer also extended to the upper class. for example,
staying at intercontinental hotels gets a mistress of mistress as a welcome drink. This collaboration
was carried out in order to raise the prestige of Mrs Meneer as a herbal medicine company.
SUMMARIZE OF THE CASE

PT. Mrs Meneer went bankrupt because of factors that affected her business. Before the
bankruptcy, PT. Nyonya Meneer had experienced shakiness. In 1978 NYonya Meneer died, with
his departure the company had to find a replacement as its leader. chaos starts because of the
change of leadership. This leadership makes some rules or culture in the company change. There
are those that lead to positivity, some of which bring in a direction that can bring down the
company.
in 1985 a feud broke out between the five grandchildren of Nyonya Meneer heir. this feud
involved many thousands of workers to thousands of workers. Many reports said that the trigger
for the PT. Nyonya Meneer comes from a dispute over inheritance. This dispute ended in 1995.
The end of the dispute was due to the distribution of shares to each member which was then held
by his grandson named Charles Saesang. then the four grandchildren of Mrs. Meneer decided to
part ways after getting their share.
The amount of debt that surrounds PT. Nyonya Meneer also triggers the bankruptcy of the
company. the company is burdened with accumulated debts from suppliers. On the other hand, the
company's cash flow is also in a bad condition. Academics and Business Practitioners from the
University of Indonesia, Rhenald Kasali, say this is a Zombie Company phenomenon. This
phenomenon is well known in the business or business world. Zombie company is an order to
operate, but it is not repay the principal. So, it lives not from cashflow but from debt.
on the 3rd Thursday 2017 the Semarang Commercial Court declared PT. Mrs. Meneer was
declared bankrupt. this began with a request to postpone Debt Delaying Obligations (PKPU)
submitted by PT Citra Sastra Grafika and PT Nata Meridian Investara (NMI) on January 8, 2015
at the same court. The Commercial Court now requests to restructure debts through Delaying
Obligations. however, the court finally got a midpoint with the promise of peace being made.
However, after two years later, PT. Mrs Meneer returned to debt after Hendrianto Bambang
Santoso proposed the cancellation of peace. Hendrianto is a supplier of raw materials for Nyonya
Meneer herbal medicine for a long time. This submission is done because Nyonya Meneer did not
get the payment. Even though in the contract agreement Nyonya Meneer will pay the debt in
installments on the giro, but when Hendrianto wants to withdraw the checking account. They
cannot do it and occur five times.
unexpectedly it turned out that the application for the cancellation of the agreement was
finally accepted by the court. After being declared bankrupt, inevitably all of Nyonya Meneer's
assets will fall into the hands of the curator. bankruptcy of the company, the debts of the creditors
are even more guaranteed. Which, later on, the company's assets can be managed or executed by
the curator for payment of debt.
not only that, PKPU said Nyonya Meneer also had debts to all creditors reaching Rp 270
million. Which is, the number of bills from creditors, among others, PT NMI Rp. 39 creditors from
the initial submission of bills of Rp 117 billion. Then there is also from Bank Papua as the only
creditor of the guarantee holder (separatist) of Rp. 68.5 billion. Then, the workers from the pension
bill reached Rp. 10 billion.
due to the large amount of debt held by PT. Nyonya Meneer resulted in a delay in giving
salary to thousands of employees. As a result of delaying giving salaries to employees, thousands
of employees of PT. Mrs. Meneer went on a strike. Employees strike a permanent employee's
arrears for 4 months, while employees daily for 12 weeks. After mediating, the employee finally
works again with the salary to be paid in installments.
the development of the era, the more developed technology and other businesses. Another
factor causing Nyonya Meneer's bankruptcy is the inability to take part in developments in the
present era, in an era that is very sophisticated. Many new products that appear on the market with
different prices make it slowing down, the herbs produced by Nyonya Meneer experienced a
setback and a lack of new innovations in the product, so that the old impression was not modern
or could not attract market attention and eventually had to go bankrupt.
ANALYSIS OF THE CASE

After knowing the history and journey of PT. Nyonya Meneer, we will discuss the case
that happened to PT. Nyonya Meneer, namely bankruptcy. before we start analyzing, here is an
explanation of what bankruptcy is (bankrupt) :

A. Definisi
before the Indonesian people came to know the word "bankrupt", the Indonesian
nation was more familiar with "bankruptcy". the word "bankrupt" comes from Italian.
Namely "Banco" and "Rupta". Banco means "bench", and Rupta means "broken". The
definition of bankruptcy or bankruptcy according to the Black Law Law Dictionary is a
trader who hides or performs certain actions that tend to deceive his creditors. The law
governing Indonesian bankruptcy lies in Law No.4 of 1998 concerning bankruptcy.
Bankruptcy as a failure occurs in a company defined in several terms, namely:

 Kegagalan Ekonomi (Economic Distressed)


Failure in the economy means that the company loses money or the
company's income is unable to cover its own costs, this means the profit rate is
smaller than the cost of capital or the present value of the company's cash flow is
smaller than the liability. Failure occurs when the actual cash flow of the company
is far below the expected cash flow.
● Kegagalan keuangan (Financial Distressed)
Although financial failure is a not-so-dubious term of economic
failure, however, financial failure has two aspects in general. The company
is deemed to be fulfilled, even though the total assets exceed the total debt.
This is defined as the inability to pay technically (technical insolvency or
technical insolvency). The company failed or went bankrupt, if the total debt
exceeds the fair valuation of its total assets. Furthermore, if failure is used,
this will be said to be technical insolves or bankruptcy
● Insolvensi teknis (Technical insolvency), occurs if the company cannot
fulfill its obligations at maturity even though the total assets have exceeded
the total debt.
● Insolvensi dalam pengertian kebangkrutan (Insovency in bankruptcy),
which is defined as negative net worth in the conventional balance sheet or
the present value of the expected cash flow is smaller than the liability.

B. Factors causing bankruptcy


There are several factors that cause PT. Mrs. Meneer went bankrupt, that is, starting
with family problems over the rights of the president and the change of leadership that was
carried out many times made the company shaky. the amount of debt that is owned up to
billions of rupiah and the difficulty in repaying it. and the last is not being able to keep up
with the times so that the company slowly falls and eventually sinks (bankrupt)

C. Effect
Many employees do a strike because the company is unable to pay the salaries of
its employees. It's hard to get even bigger cash because you already have a debt bigger than
the cash you get. As a result of being unable to compete with more modern companies the
company was forced to lag and slowly disappear. whether or not new innovations make
products produced behind and no longer attract market attention. However, this is a positive
effect for those affected by debt. because with the bankruptcy in this company, the accounts
they have can be paid off.

D. Law Of bankruptcy
as we know, Indonesia is a legal country that has a legal foundation in every aspect
of its community life. no exception to Bankruptcy / bankruptcy. in accordance with Article
1 number 7 of Act Number 37 of 2004 concerning Bankruptcy and Delay of Obligation to
Pay Debt ("Bankruptcy Law"), the process of resolving bankruptcy cases in Indonesia is
carried out in the Commercial Court ("Court") in the general court environment. Procedure
for filing bankruptcy case applications,
Requests for bankruptcy statements are decided at the Court in the area of the
debtor's legal position. If the debtor has left the territory of the Republic of Indonesia, the
Court that has the authority to make a decision is a Court whose jurisdiction covers the
debtor's final legal standing. In the event that the debtor is the governor of a firm, the Court
that has the authority to make a decision is a Court whose legal area covers the legal
position of the firm. In the event that the debtor is not domiciled in the territory of the
Republic of Indonesia but carries out his profession or business in the territory of the
Republic of Indonesia, the Court that has the authority to decide is a court whose
jurisdiction covers the domicile or central office of the Republic of Indonesia In the event
that the debtor is a legal entity, the Court that has the authority to make a decision is a
Court whose legal territory covers the legal domicile as referred to in the statute of the legal
entity.
the hearing on the application for bankruptcy statement is held within a period of
no later than 20 (twenty) days after the date the application is registered. At the request of
the debtor and based on sufficient reasons, the Court may delay the holding of the trial until
no later than 25 (twenty five) days after the date the application is registered. The court's
decision on the request for bankruptcy statement must be said no later than 60 (sixty) days
after the date the application for the bankrupt statement is registered. The court ruling must
contain.
Decisions on the application for bankruptcy statements that contain a complete
legal considerations that underlie the decision must be stated in a court session open to the
public and can be implemented first, even though the legal decision is submitted.
Based on Article 10 of the Bankruptcy Law, as long as the decision on the
application for bankruptcy statement has not been stated, every creditor, prosecutor, Bank
Indonesia, Capital Market Supervisory Agency, or Minister of Finance can submit a
request to the Court to: or appoint a temporary curator to oversee: management of the
debtor's business; and payments to creditors, transfers, or collections of debtor's assets in
bankruptcy are the authority of the curator.
For the purpose of bankrupt assets, a cancellation can be requested for all legal acts
of the debtor that have been declared bankrupt which harm the interests of the creditor.
Cancellation was submitted to the Court before the decision on the bankruptcy statement
was pronounced. Cancellations can only be made if it can be proven that at the time a legal
act is carried out, the debtor and the other party concerned know that the legal action will
cause a loss to the creditor.
Court with the decision of bankruptcy statement, at the suggestion of the
Supervisory Judge, request of the curator, or at the request of a creditor or more and after
hearing the Supervisory Judge, can order that the bankrupt debtor be detained, either placed
in the State Detention House or in his own house, under the supervision of the appointed
by the Supervisory Judge. The detention order is carried out by the prosecutor appointed
by the Supervisory Judge.

E. Conclusion
In the business world certainly has every problem that is different and each
company has its own way of solving existing problems. However, not all companies can
solve the problems that have befallen them. So, PT. Nyonya Meneer is unable to save her
company anymore because she already has a lot of debt, they should have cash that is
bigger than non-debt debt which is greater than the cash / income that the company can.
Then, the importance of being able to keep up with the development of this increasingly
modern era. otherwise, the company we build will be left behind and the sea will fall slowly
and have to go bankrupt. continuing to innovate to the new is very important, so that the
products we market remain attractive to the market and can even attract market demand.

References
https://www.hukumonline.com/pusatdata/detail/20144/node/537/uu-no-37-tahun-2004-
kepailitan-dan-penundaan-kewajiban-pembayaran-utang

http://www.tribunnews.com/regional/2017/08/04/inilah-sejarah-panjang-pabrik-jamu-nyonya-
meneer-mulai-dari-berdiri-hingga-dinyatakan-pailit?page=3

https://bisnis.tempo.co/read/898034/pasca-dipailitkan-masih-prospektifkah-nyonya-meneer
https://wow.tribunnews.com/2017/08/05/3-penyebab-besar-bangkrutnya-pabrik-jamu-legendaris-
nyonya-meneer?page=3

https://nasional.kontan.co.id/news/ini-utang-nyonya-meneer-yang-menyebabkan-pailit
PT. NYONYA MENEER BANKRUPTCY

ARRANGED BY

ANGELIA AURORA NATALINE


B1034181017

ECONOMY AND BUSINESS FACULTY


UNIVERSITAS TANJUNG PURA
2019

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