KEDUDUKAN BENDA JAMINAN YANG DIBEBANI HAK TANGGUNGAN DAN EKSEKUSI BENDA JAMINAN DALAM HAL DEBITUR PAILIT
ABSTRACT: When debtor is
bankrupt, all of the properties of debtor are confiscated under the supervision
of a Supervise Judge for the interest of creditor. The holder of guarantee
right as separatist creditor can implement his right as determined in Article
1178 KUHPerdata (Civil Law) as there is not bankruptcy. But in its
implementation, the execution of collateral with guarantee right when debtor is
bankrupt always found any obstacles either technical or non technical
obstacles. Therefore, this research aims to study how the execution of
collateral when debtor is bankrupt. The problem formulation in this thesis is
did the collateral can be with guarantee right, what a position of collateral
with guarantee right when debtor is bankrupt and how the execution of
collateral when debtor is bankrupt.
The method and characteristic of study is an analysis descriptive i.e. a
study that depict studied situation or event and than to analyze it based on
facts such as secondary data from the primary law subject, secondary law
subject and tertiary law subject. The approach method in this analysis is
normative juridical by study and test the data related to the problems in
execution of guarantee right. The data collecting method in this study is by
literature study to collect the secondary data.
The collateral can with guarantee right if the collateral is a right on
land. The position of collateral with guarantee right when debtor is bankrupt
is categorized as bankruptcy property. The execution of collateral when debtor
is bankrupt is by title executorial and parate execution. The obstacles in the
execution of collateral when debtor is bankrupt is the state auction office did
not ready for the selling ob auction object of guarantee right without fiat
from the Chairperson of District Court and there is debtor who has not a good
will by submit a suit to the district court to expand the execution process.
Penulis: Rully Afraldo Daely
Kode Jurnal: jphukumdd140004
