KEDUDUKAN KREDITUR SELAKU PENERIMA JAMINANA FIDUSIA DALAM HAL DEBITUR PAILIT MENURUT UU NO.37 TAHUN 2004 TENTANG KEPAILITAN
ABSTRACT: Fiduciary Creditor
receiver position is as a Preferred Lender. This right is not clear because of
the bankruptcy or liquidation of the Borrower Lender Fiduciary. Preferred
Creditors (Secured Creditors) in Bankruptcy Creditors usually called Separatists.
Creditor Beneficiary Creditor Fiduciary Separatists very concerned as it may
execute their rights as to avoid bankruptcy. Regulations in the field of Law
and Bankruptcy Fiduciary current was less provide legal protection against
creditors Recipient Fiduciary. Method of approach used in this thesis is legal.
Based on the research results penulisn is in Article 56 of Law no. 37 of
2004 on Bankruptcy states that the rights of creditors separatist execution as
referred to in Article 56 Paragraph (1) of the Bankruptcy Act is suspended for
a period not exceeding 90 (ninety) days from the date of declaration putuisan
bankruptcy. If the verification meeting beralrut-soluble and future insolvency
be delayed beyond a period of 90 (ninety) days after the decision of
bankruptcy, creditor's rights can begin to implement the separatists to become
involved pending execution. This poses a risk to the creditors of the insured
fiduciary considering the goods as collateral in the form of movable property
is no longer on debitors
Penulis: MUHAMMAD ARIEF
Kode Jurnal: jphukumdd130636
