LIMITASI HAK KREDITOR SEPARATIS ATAS PELUNASAN PIUTANG SETELAH LAMPAU WAKTU PENJUALAN JAMINAN KEBENDAAN DALAM PROSES PENYELESAIAN KEPAILITAN DI PENGADILAN NIAGA

YUSTICIA, JUDISTIRA and Emirzon, Joni and Rumesten, Iza (2020) LIMITASI HAK KREDITOR SEPARATIS ATAS PELUNASAN PIUTANG SETELAH LAMPAU WAKTU PENJUALAN JAMINAN KEBENDAAN DALAM PROSES PENYELESAIAN KEPAILITAN DI PENGADILAN NIAGA. Master thesis, Sriwijaya University.

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Abstract

Law Number 37 of 2004 concerning bankruptcy and deferral of debt repayment obligations divides creditors into 3 categories namely concurrent, preferred, and separatist creditors. The provisions of Article 56 paragraph (1) regarding the suspension of separatist creditor's right to execute are considered to be inconsistent with the provisions stipulated in Article 55 Paragraph 1 and constitute a limitation of the rights which results in the deadline for the sale of objects used as objects guarantees by debtors to separatist creditors. In addition to the provisions of Article 59, separatist creditors may not exercise their rights in the first phase of bankruptcy. This means that there is a suspension of the provisions of Article 55 paragraph (1) which can execute as if bankruptcy does not occur. This will have the effect of not protecting separatist creditor's rights. Thus the rights of separatist creditors as creditors who can sell and take the proceeds of the sale of debts of bankrupt debtor assets themselves and generally have rights separated from the assets of bankruptcy as regulated in Article 55 paragraph 1 raises conflict with Article 56 and Article 59 relating to the limitation of separatist creditor's rights for the payment of receivables after the time of sale of the material guarantees pass and protection of the rights of the separatist creditor, and there is a disharmony with the legal principle of material guarantees. This study focused on how the position of separatist creditor's rights and how the protection of the rights of separatist creditor were after the sale of material guarantees passed, and how the ideal concept of legal protection against the limitation of separatist creditor's rights was in future bankruptcy disputes. This study used normative legal research method, using legal materials from library research including primary legal materials, secondary legal materials, and tertiary legal materials. The results showed that the provisions of Article 56 paragraph 1 and Article 59 paragraph 1 resulted in the separatist creditor losing his position and rights, and a change of position as a concurrent creditor who did not have preferential rights and the right of execution of his material guarantee rights. With regard to the protection of separatist creditors, the provisions of Article 56 paragraph 1 and Article 59 paragraph 1 resulted in the separatist creditor being unable to exercise his rights in the first phase of bankruptcy and unfulfilled rights of the separatist creditor. The ideal concept going forward is the need for a revision of the provisions of Article 56 so that it can be eliminated and the period of sale of material guarantees in the provisions of Article 59 needs to be lengthened to make it more realistic. Key Words: Bankruptcy, Guarantee, Separatist Creditor

Item Type: Thesis (Master)
Uncontrolled Keywords: Kepailitan, Jaminan, Kreditor Separatis.
Subjects: K Law > K Law (General) > K1066-1089 Banking
K Law > K Law (General) > K1094-1096 Loan of money
K Law > K Law (General) > K85-89 Legal research
K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KB3190-3429 Economic law
Divisions: 02-Faculty of Law > 74101-Law (S2)
Depositing User: Users 5527 not found.
Date Deposited: 14 Oct 2020 03:31
Last Modified: 14 Oct 2020 03:31
URI: http://repository.unsri.ac.id/id/eprint/36352

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