Timur Abimanyu,SH.

MH

PT. AAF : LIQUIDITY OR SOE ? And How Implementation Fatwa The Supreme Court Number . 119 / KMA / VII / 2008

Clash of ideas between the government and Parliament on the status of PT AAF intensified. AAF is the state House of Representatives insisted that no government capital, while according to State Enterprises Minister MA fatwa stating PT AAF is not a State-Owned Enterprises (SOEs). Should liquidation last resort ?

Tips for the Government to revive vital project (provit) in Lhokseumawe and Aceh Utara, was not as easy as turning the palm of the hand. One of PT Asean Aceh Fertilaizer (AAF). That is why, sweet promise ever uttered the N BUM Minister Mustafa Abu Bakar, to immediately activate the company, hinggga now still a bitter pill. Understandably, the most difficult conditions and the dilemma facing the government is, because the process is complicated and constrained by the status of PT AAF alone, between the process of liquidation or the company that still serves as an SOE, as required members of the House of Representatives (DPR-RI). Just remind only. Some time ago, the Supreme Court (MA) issued a fatwa No.119/KMA / VII/2008, dated July 14, 2008. its contents, stating PT AAF is not an SOE. So based on the fatwa MA, the liquidation team was formed. And, in the liquidator appointed by the shareholders of PT AAF. In the next process, the liquidator has held an international tender for plant assets worth Rp 509.6 billion. Then there is a delay of liquidation on August 4, 2006. Reactivation of two years after the postponed liquidation, through coordination meetings Minister of SOEs and the House of Representatives dated February 2, 2008 which was also attended team liquidator result, the ongoing liquidation process was agreed. Furthermore, in an international tender process, the PT Bumi Lestari Persada (BPL) came out as the winning bidder. But plans to turn into triumph mbali Terhadang fertilizer plant it again, because the process of transfer and handover of PT. Asean Aceh Fertilizer (AAF) from the liquidator to PT. L estari Persada Earth (BPL) as a buyer, has yet to be done. The reason, the

extension of Hak Guna Bangunan (HGB) in the National Land Agency (BPN) Center has not been completed. In fact, the file has been submitted mid-2008. The problem then becomes more complicated, because there was multiple interpretations between the Parliament with pemeritah in this case the Minister of State-Owned Enterprises (SOE Minister), Dr. Ir. Mustaf a Abu Bakr. Understandably, the House of Representatives Commission VI insisted on refusing the government's decision to liquidate PT. Asean Aceh Fertilizer (AAF), while the Ministry of SOEs, also insisted that the decision to liquidate PT. AAF elah s t esuai with results fatwa Supreme Court in 2008. MA argues, PT AAF b ukan State-Owned Enterprises (SOEs). The problem then becomes more complicated, because happen in multiple interpretations of the Parliament with pemeritah in this case the State Minister for State Owned Enterprises (SOE Minister), Dr. Ir. Mustaf a Abu Bakr. Understandably, the House of Representatives Commission VI insisted on refusing the government's decision to liquidate PT. Asean Aceh Fertilizer (AAF), while the Ministry of SOEs, also insisted that the decision to liquidate PT. AAF has a fatwa in accordance with the results of the Supreme Court in 2008. MA argues, PT AAF is not State-Owned Enterprises (SOEs). Thus, according to SOE Minister Mustafa Abu Bakar PT AAF liquidation process still runs today. PT AAF is a joint venture of the Republic of Indonesia fertilizers five ASEAN countries established 12 April 1979. As for the composition of its shareholding. PT. Pusri (Persero) 60 percent, Petronas 13 percent, the Philip ine National Development Co. 13 percent, Temasek Holdings Pte Ltd 1 percent, and the Ministry of Finance Kingdom of Thailand 13 percent. While the status of PT. AAF is not a state that declared the meeting proceeds of harmonization, January 13, 2006 between the Ministry of Justice and Human Rights, Department Keuanga n, Se secretary of State, and the Ministry of State Enterprises. It strengthened the government through the fatwas of the Supreme Court Decree No. 119 / KMA/VII/2008. State Enterprises Minister Dr. Ir. Mustafa Abu Bakar who is also the son of ceh insisted, because he had twice promised before the people of Aceh will revive provit in North Aceh. The promise was spoken former governor of Aceh is to reporters last January. He said the plant is not operating in a few years back is still very viable operation. Mustafa Abu Bakr vowed to try to PT. KKA and PT. Asean Aceh Fertilizer will be operating again soon (Read: MODE ACEH 39/VII/2009 Edition). So the promise was re langnya Diu people in front of a visit to Samalanga Bireuen, in mid-June 2010. Former Inspector General (Inspector General) Ministry of Maritime Affairs and Fisheries is even bejanji to turn on three vital projects in North Aceh, PIM, AAF and KKA (Read: MODE ACEH E condition 9/VIII / 2010). Well, it could be to realize the promises that had already spoken to the people of Aceh tert ebut, Mene g SOE Mustafa Abu Bakr looked very totality in his attempt to revive PT AAF. Behold, from Jakarta bebeapa time ago he said. "We will talk again with the Commission VI. Yesterday's new deputy. Already, we will discuss with the Chairman of Commission VI is roughly what is the problem. I will seek input. We find a desire that so concern unilateral VI Commission, "he explained. The statement was issued in response to sikappenolakan of House Commission VI. Mustafa said it will collect all relevant information first. After that it just could determine how the attitude to be taken related ministries AAF liquidation process. Meanwhile, a matter related to the demands of Bank Artha Graha of debt repayment will tungg PT. AAF, Mustafa also reluctant to respond further. Because, until now yatakan din AAF has not SOE. "We bring in the rule of the game. We could not hit or anything because it is considered not a state enterprise. If later it was declared stateowned enterprises, then our authorities, "he said. Even if the House would involve the state attorney, it still will follow the regulations. Thus, Mustafa Abu Bakr hoped-tie likui problem can be solved properly. We will follow the regulations. If you are as a rule, we run. We hope this can be done well ". As is known, the House of Representatives Commission VI declared the liquidation and sale of assets of PT. AAF, disability law and must be stopped. Therefore, the entire legal basis showed no State capital in the joint venture Asean countries. Therefore, the process of liquidation is not subject to corporate law, but must comply with the law on state finance, treasury, and SOEs. But, the challenge to not sell the PT. AAF to the private sector is being done in an effort to revive the government PT. AAF does not just come from the House of Representatives. In-formation obtained revealed no ACEH MODE many elements that also rejected the fertilizer company is liquidated, because it feared would fall into the hands of a sing. M hey um umnya t m Etap enginginkan PT. AAF as belonging to the state when operational. And, to fight for these aspirations, community leaders in District 36 Dewantara, a North Aceh, flew to Jakarta, Sunday 2 4 O ktober ago. The goal, a series of lobbying and meetings with relevant officials. Reportedly to fight for their aspirations, community leaders should spend terpa ksa private. Minimum per person spent at least Rp 3,000,000 for round-trip fare from North Aceh and Jakarta.

Chairman of the Chamber of Commerce and Industry (Kadin) North Aceh, Teuku Moni Alwi fatwa demanded that the Supreme Court (MA) No. 11 9/KMA/VII/2008 pliers-gal July 14, 2008 about the PT. Asean Aceh Fertilizer (AAF PT.) immediately canceled. It is necessary for legal certainty about the PT. AAF. Because, in a fatwa that the Supreme Court stated that instead of state-owned PT AAF, de this is in line with the opinion of the House of Representatives who insisted that the PT. AAF is a state-owned enterprises. According to Moni Alwi, MA fatwa cancellation effort necessary to avoid public confusion and uncertainty into the law of the AAF . "Should the Supreme Court's fatwa in cancel it, then PT. Pusri, as liquidator perwalikan Indonesia disband the team which is currently liaison officer working defender, "Moni said Alwi. In addition he urged the Government of Aceh to immediately perform as a dvokasi to the Minister of state enterprises, Mustafa Abu Bakar, related to the clarity of the status of PT AAF. For example, buying shares bagaimanalangkah AAF or any other better thing to do. Listening reality and the clash of ideas like this, ditak utkan hope to go back to turn the plant fertilizer granules will be increasingly difficult. One way that still might be done is, after all co mponen in Aceh and the Aceh government and central government P, sit at a table and negotiate to find the best solution. Because, people in North Aceh can not be forever serving rhetoric and promises. Starting from Aceh to official representatives. Until when ?

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