AKIBAT HUKUM PUTUSAN HAKIM DALAM PEMBERESAN HARTA PAILIT TERHADAP HAK TANGGUNGAN YANG BELUM SEMPURNA : Studi Kasus PT Dhiva Inter Sarana dan Richard Setiawan

• Main Author: Muhammad Syamil Fasya, (Author)
• Format: Book
• Published: 2023-01-11.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/22270/1/ABSTRAK.pdf.pdf; http://repository.upnvj.ac.id/22270/3/AWAL.pdf.pdf; http://repository.upnvj.ac.id/22270/4/BAB%201.pdf.pdf; http://repository.upnvj.ac.id/22270/5/BAB%202.pdf.pdf; http://repository.upnvj.ac.id/22270/6/BAB%203.pdf.pdf; http://repository.upnvj.ac.id/22270/7/BAB%204.pdf.pdf; http://repository.upnvj.ac.id/22270/8/BAB%205.pdf.pdf; http://repository.upnvj.ac.id/22270/9/DAFTAR%20PUSTAKA.pdf.pdf; http://repository.upnvj.ac.id/22270/12/RIWAYAT%20HIDUP.pdf.pdf; http://repository.upnvj.ac.id/22270/13/LAMPIRAN.pdf; http://repository.upnvj.ac.id/22270/10/HASIL%20PLAGIARISME.pdf.pdf; http://repository.upnvj.ac.id/22270/2/ARTIKEL%20KL.pdf.pdf
• Keywords: K Law (General)

The process of settling bankruptcy assets, there are sometimes judges who are considered not in favor of justice for creditors because the credit agreement between the debtor and creditor is not perfect so that the dependent rights are not achieved. The problem analyzed is regarding the judge's consideration in determining the status of the creditor's position with rudimentary dependent rights and the legal consequences if the process of encumbrance of dependent rights between the debtor and the creditor is not perfect in the process of settling bankruptcy assets. The problem analyzed is regarding the judge's consideration in determining the status of the creditor's position with rudimentary dependent rights and the legal consequences if the process of encumbrance of dependent rights between the debtor and the creditor is not perfect in the process of settling bankruptcy assets. The type of research used in this study is a type of Normative Juridical research that is qualitative. The data sources used are secondary data, secondary data, and tertiary data. The way to collect data is by means of literature studies and verdict studies. The results of this study showed that the consideration of the Panel of Judges in determining the status of the position of creditors with rudimentary dependent rights based on the bankruptcy property settlement case of PT Dhiva Inter Sarana and Richard Setiawan, the Panel of Judges affirmed that the position of the creditor was a concurrent creditor. The Panel of Judges determined that the status of the creditor's position as a concurrent creditor was a result of the rudimentary dependent rights of the credit agreement between PT Bank Maybank Indonesia, Tbk and Richard Setiawan (Bankruptcy debtor). Because its mortgage deed were not perfect, PT Bank Maybank Indonesia, Tbk as a creditor did not obtain a priority position so the Panel of Judges gave legal consequences that the settlement of bankruptcy assets was distributed based on the principle of pari passu pro rata parte to other concurrent creditors.