STATUS OF COLLATERAL BELONGING TO A THIRD PARTY IN BANKRUPTCY (Study Verdict Number: 15/Pdt.Sus-Gugatan Lain-Lain/2019/PN. Niaga.Jkt.Pst. Jo. Verdict Number: 878 K/Pdt.Sus-Pailit/2019 jo. Verdict Number: 52 PK/Pdt.Sus-Pailit/2020) (original) (raw)
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https://www.ijrrjournal.com/IJRR\_Vol.8\_Issue.1\_Jan2021/IJRR-Abstract036.html, 2021
In connection with the bankruptcy issue, in this case PT. Inti Kapital Sekuritas, formerly known as PT. Andalan Artha Advisindo Sekuritas, for filing a bankruptcy application made by two creditors namely Ghozi Muhammad and Azmi Ghozi Harharah who are customers of PT. Inti Kapital Sekuritas. The court has handed down the previous decision number 08/Pdt.Sus/Pailit/ 2015/PN.Niaga.Jkt.Pst, because they have more than one debt that is due and can be collected in accordance with law number 37 of 2004 concerning bankruptcy and postponement debt payment obligations, article 2 paragraph (1) jo. Article 8 paragraph (4) which regulates the conditions for bankruptcy as follows, "A debtor who has two or more creditors and does not pay in full at least one debt that is due and can be collected, is declared bankrupt by a court decision, either on his own request or at the request of one or more creditors”. Due to no further legal remedies by the securities debtor, the decision number 08/Pdt.Sus/Pailit/2015/ PN. Niaga.Jkt.Pst has permanent legal force (inkracht). Respondent or securities debtor then submits a request for reconsideration of the court decision which has permanent legal force, by taking external legal remedies, namely reconsideration. The research method used in this thesis research is descriptive analysis, with the type of normative legal research, namely to examine legal norms related to bankruptcy petition decisions through literature study, research in terms of statutory regulations and also their elaboration and explanation of procedures and bankruptcy provisions and postponement of debt payment obligations. The conclusion of this research is that the judge granted the request for bankruptcy cancellation made by the securities debtor because there had been a significant error in the previous decision, namely case number 08/Pdt.Sus/Pailit/2015/ PN. Niaga.Jkt.Ps because the applicant is a creditor an individual who is not the Financial Services Authority (OJK) so that it does not comply with the provisions of article 2 paragraph (4) of the bankruptcy law and postponement of debt payment obligations as well as article 55 paragraph (1) of RI Law number 21 of 2011 concerning the Financial Services Authority (OJK) "function, duty and authority to regulate and supervise financial services activities in the capital market sector (BAPEPAM), or now also known as the Financial Services Authority (OJK). Therefore, the party entitled to apply for bankruptcy is the Financial Services Authority (OJK)”.
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International Journal of Multicultural and Multireligious Understanding
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Ruling due to Bankruptcy Assets Debtors Beyond Areas in Indonesia
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The purpose of this study is to examine the consequences of bankruptcy decisions on debtor assets outside the territory of Indonesia and to see the extent to which the bankruptcy law provides protection to creditors from debtors whose assets are located outside the territory of Indonesia. This is Normative legal Research with a statutory approach, a conceptual approach and a comparative approach. The results and discussion concluded that the bankruptcy decision handed down by the Commercial Court in Indonesia could have an impact on the debtor’s assets outside the territory of Indonesia in accordance with Article 21 of the Bankruptcy Law. The issue of execution is hindered by the principle of territoriality from other countries. The bankruptcy law has not fully provided legal protection for creditors if the debtor has assets outside the territory of Indonesia, as a way for curators to carry out private selling. Indonesia should adopt the Uncitral Model Law on cross-border insolvency...
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Sasi (Ambon), 2022
The rights of banks as separatist creditors in the UU-KPKPU cannot be implemented. Banks also often get a share that is not under the amount of debtor debt, causing injustice. Purposes of the Research: This study aims to analyze and explain the forms of justice problems in legal protection efforts against banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of bankrupt debtors and their solutions. Methods of the Research: This research uses normative legal research. Research materials were used, namely secondary data and primary data as a support. This research material was collected by document study and interviews. The material that has been collected is then processed and analyzed using a qualitative approach, which is then drawn to conclusions using the deductive method. Results of the Research: There are two forms of the problem of justice in the legal protection of banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of the bankrupt debtor. First, the neglect of bank rights as separatist creditors by UU-KPKPU can be seen in the provisions of Article 56 paragraph (1) and 59 paragraph (1) which contradicts Article 55 paragraph (1). Second, banks as separatist creditors often get a share that is not under the amount of debt of the bankrupt debtor. The author suggests that the UU-KPKPU be changed based on distributive justice which requires proportional distribution. related to Execution of Collateral Tied with Mortgage Rights on Bankrupt Debtor's Assets"