Problems of Justice in Legal Protection Efforts against Banks as Separatist Creditors related to Execution of Collateral Tied with Mortgage Rights on Bankrupt Debtor's Assets (original) (raw)
Related papers
FIAT JUSTISIA
Workers are preferred creditors whose payment must take precedence in the bankruptcy of the company. Problems in practice occur in the company's assets as collateral for debt to separatist creditors so that workers' rights are ruled out. Therefore, workers submit applications for judicial review of the Bankruptcy Law and Labor Law. This study is normative research using primary legal materials, namely laws and case study decisions that are analysed qualitatively. The results of the study and discussion determined that the Bankruptcy Law and the Labor Law regulate the same as the legal status of workers as preferred creditors who are entitled to prioritize payment in the distribution of bankrupt assets strengthened by the results of a judicial review in Decision of the Constitutional Court Number 67/PUU-XI/2013 The right of workers to wages is prioritized and calculated from collateral objects which are the rights of separatist creditors. For this reason, curators with author...
Legal Protection for Debitors Through Bankruptcy Concept
International Journal of Multicultural and Multireligious Understanding, 2021
The purpose of this study is to explain the legal protection for debitors through bankruptcy concept based on Law no. 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU). This research is a normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conseptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that in UUK-PKPU only debtors who are insolvent can be declared bankrupt or apply for a PKPU. Bankruptcy applications can be submitted by the debtor himself or by the creditor. According to the legal principle, the applicant who submits the argument must prove the argument, then the applicant who proves the insolvency is the applicant. Essentially, bankruptcy in its application must be carried out fairly...
2023
Banks can deal with negative credit by purchasing, selling, and transferring the rights to receivables (cessie). According to the District Court's ruling in case No. 129/Pdt.G/2016/ PN.Pbr, the lawsuit was filed by a cessionary who had acquired receivables from the troubled PT Bank Tabungan Negara (Persero) Tbk. The Receivables Sale Purchase Agreement and Transfer of Cessie are the two (two) Notarial Deeds that include the terms of the transfer of receivables. According to the ruling, the Pekanbaru District Court approved the transfer of Land Ownership Certificates that had been pledged as security for the debtor (cessionaris). The problem is stated as follows: 1. Can the sale and purchase of receivables and the transfer of claim rights (cessie) give buyers of cessie legal certainty? 2. What are the legal ramifications of the debtor's assurance in light of Pekanbaru District Court Decision Number 129/Pdt.G/2016/PN.Pbr? and the purpose of this study is to comprehend the problem's genesis and offer solutions. The research method used in this study is known as normative legal research (doctrinaire), and it entails research on legal principles, legal aspects, and law as it is conceptualized as norms or rules that apply in society. It also includes an analysis of both written and unwritten legal rules that exist and develop in society, and it makes use of secondary data derived from primary, secondary, and tertiary legal materials. It is clear from this study that the sale and purchase of receivables and the transfer of cessie do not terminate the credit agreement between the cedent and cessus; rather, it is a transfer and delivery of receivables from the cedent to the cessionaris, and the transfer of cessus collateral must be based on a ruling made through litigation at the local District Court. And in this case, the transfer of Cessie and the sale and purchase of receivables are legal and do not violate the terms of the agreement. The judges' panel also believes that since the Cessus guarantee is not secured by a mortgage, the Cessus collateral object may be used to repay the debt by reclaiming the cessionaris name. Neither of these situations violates the rights to the bedding described in Article 1154 of the Civil Code.
NOMOI Law Review, 2021
This study discusses the status of collateral objects belonging to third parties in bankruptcy. This study aims to find out whether the collateral belonging to the party that is used as collateral debtor debt that is declared bankrupt is included in the bankruptcy boedel or not. The research method used is normative juridical law research. The results showed that in practice this is often a debate between curators and separatist creditors whether the assets of third parties that are used as collateral debts of debtors declared bankrupt or not and include collateral belonging to third parties that are used as collateral debt Debitor Bankruptcy into boedel (property) bankruptcy has violated the provisions of Article 21 of the Bankruptcy Act and PKPU which states that Bankruptcy covers all the wealth of debtors at the time the verdict of the bankruptcy statement is pronounced and everything obtained during Bankruptcy. Furthermore, as a result of the third party collateral that is used as collateral for insolvency debtor debt into boedel (property) bankruptcy, then it violates the provisions of Article 6 of the Law on The Right of Dependents because the rest of the sale of the object of dependent rights does not return to the third party as the bearer of dependent rights, but becomes boedel (property) bankruptcy.
International Journal of Multicultural and Multireligious Understanding
As a sharia financial institution that carries out the intermediation function, Islamic banking has a risk of financing problems. This problematic financing does not only have an impact on the low income as a business institution, and ultimately results in the soundness of the bank. Settlement of problem financing is always sought in an efficient and effective way, with a minimum level of legal risk. This settlement effort is certainly inseparable from the provisions of the Islamic banking law, the the mortgages Act and the regulations of the financial services authority. One of the efforts to resolve the problematic financing allowed by the sharia banking law, and the regulation of the financial services authority is the Foreclosed Collateral (AYDA), even though this effort is contrary to the provisions of the mortgages Act. The problems in this thesis are four, namely first, the process of binding financing that is burdened with mortgagerights at PT. Bank Syariah Bukopin, Bukittin...
Edunity : Kajian Ilmu Sosial dan Pendidikan
The bankruptcy case of PT Aliga Internasional Pratama is proof of the dualism of the position of criminal confiscation over general confiscation in the bankruptcy estate. Based on the decision of the Commercial Court at the Central Jakarta District Court, PT. Aliga International Pratama has been legally declared bankrupt with all the legal consequences. Whereas as of the date of the bankruptcy decision, all assets of PT. Aliga is in a state of general confiscation, and the authority to control and manage all of their asset rests with the Curator Team. However, 2 buildings which are bankrupt assets, namely The Aliga Hotel and factory/office buildings, have been confiscated by the Criminal Investigation Police Investigators (Bareskrim Polri).The research method in this paper is descriptive qualitative, namely the legal material obtained is presented descriptively and analyzed qualitatively. The results showed that, analyzed using the theory of justice according to Thomas Aquinas and t...
2020
The problem discussed in this study involves is that there is yet to be a law protection for Multiple or Separate-Editor in case if company is declared bankrupt and is unable to pay its debts as a whole that could reflect Justice Value. The method of research used in this research is juridical-empirical where the research type is qualitative research with a sociological juridical approach (Socio-Legal Approach). The results of this study indicate that the position of the separate-creditors in the company bankruptcy currently has a priority in obtaining repayment of their accounts. Manpower legal protection in the event of a debtor who has been declared bankrupt before and after the Constitutional Court decision No. 67 / PUU-XI / 2013 are as follows: prior to the Constitutional Court decision it was assumed that labor wages remained under separate-creditors, taxes, auction fees, and curator fees and were deemed not to contradict Article 28D paragraph (1) and paragraph (2) of the Indo...
Unram Law Review
This article aims is to acknowledge the factors of a Non-Performing Loan. Also, to acknowledge on how to settle the non-performing loan with the mortgage guarantee through the litigation or non-litigation way, as well as the obstacle on mortgage guarantee execution by the creditor (Bank). The method of this research using a normative (library) research which is the research on the secondary data. The problem approach of this research is normative juridic, the specification of this research using analysis descriptive, in the field research the writer using 3 (three) methods which is done through an interview, questionary lists and document. The location of this research is PT. Bank Danamon branch of Purakarta. The result of this research shows that the factors which causes of a Non-Performing Loan by the debtor from the internal and external factors. The internal factors are a situation where the debtor unable to pay his loan that have matured because of the burden of the installment...
Lambung Mangkurat Law Journal
After the Constitutional Court Decision No. 18/PUU/XVII/2019 was issued, creditors can no longer forcibly withdraw the fiduciary guarantee without the result of the district court’s decision agreed by the creditors and debtors that a breach of promise occurred. The facts in the field are that debtors often make defaults. As a result, creditors must be more careful in executing fiduciary security. This study aims to determine what steps creditors must take to remain by legal corridors. Judges’ decisions must create justice, not only for the debtor but also for creditors’ interests. Creditor services are one of the factors. A large increase in the country’s economy, if creditors’ interests do not accommodate it, the judge’s decision is far from a sense of justice). This study also illustrates the creditor’s executorial power to the fiduciary guarantee deed. Based on normative legal studies, the researcher concludes that regulations to determine precise steps and simple mechanisms need...
International Journal of Advanced Research (IJAR), 2019
This research explores the execution of bad credit guarantee based on the deed of sale and deed of acknowledgement of debt.The case study was conducted at a bank in Bekasi, Indonesia. The collateral elements studied arecollateralas an additional guarantee andcollateral submitted by the debtor to the bank in which the purpose of collecting collateral is to obtain credit or financing facilities. The method used in the researchis Juridical Normative. The juridical approach is literature research approach by studying literature materials to conduct specifications, analyze data, and approach normatively because it relates to the rules of law. By conducting field research, data are collected and analyzed. The establishment of notarizeddeed of sale notifies legal protection for the parties.Considering that anotaryis a public official authorized to make an authentic deed and provide legal advice, the notarized deed of sale can provide equal legal protection for the parties. The results of the research indicate that the execution of bad credit guarantee is not regulated in the land rights guarantee institution, that cause the execution is not easy, does not meet the specialityandand publicity principles.