SOE Persero is a State Owned Enterprise in the form of government that aims to provide the community with quality services and high quality as well as members participate in revenue for the state treasury. Today, in many SOE development Persero having problems with debt, it is caused by many factors, both internal and external. therefore many of the creditors of the state Persero who filed bankruptcy for SOEs Persero by the inability of SOEs Persero in paying its obligations.In conducting the study, researchers used legal research. The study of law is a process to find the rules of law, principles of law, and legal doctrines to respond to the legal issues at hand. Legal research using qualitative research methods. Qualitative methods, this method is different from the method used by quantitative social research which focuses on the hypothesis, in a qualitative study on which the justification is legislation that exist and doctrines of jurists. Based on both of these authors will try to answer the legal issues and legal issues become problems. The results of the study were in the know that SOE Persero have the same characteristics with the Company in general it is because SOE Persero been divided into shares and government ownership in it only 51% and the rest can be owned by another party. Therefore, having the same characteristics as the Company in general, to a state mempailitkan Persero, legal basis is Article 2, paragraph (1), Law No. 37 of 2004 on bankruptcy Bankruptcy conditions governing the Company in general.