INSTRUMEN ACTIO PAULIANA DALAM PERKARA KEPAILITAN (STUDI: PERLINDUNGAN HUKUM TERHADAP KREDITUR PEMEGANG HAK TANGGUNGAN ATAS TANAH YANG MASUK BOEDEL PAILIT)
Actio pauliana as an instrument provided for by Law Number 37 of 2004 functions to protect bankruptcy creditors, but actio pauliana as a legal instrument still encounters several problems including those relating to legal protection for mortgage holders and the imposition of sanctions for debtors wh...
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2023-07-14.
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| Summary: | Actio pauliana as an instrument provided for by Law Number 37 of 2004 functions to protect bankruptcy creditors, but actio pauliana as a legal instrument still encounters several problems including those relating to legal protection for mortgage holders and the imposition of sanctions for debtors who do not carry out the results of the bankruptcy decision and actio pauliana. This study aims to analyze the actio pauliana instrument in providing legal protection for mortgage holders and the imposition of sanctions on debtors who do not hand over bankrupt assets to the curator for the granting of actio pauliana's lawsuit. This research uses normative juridical legal research methods. The results showed that creditors holding mortgage rights (separatists) were given the authority to carry out self-execution of collateral after passing a suspension period of no longer than 90 days from the date the bankruptcy declaration decision was pronounced and the execution was carried out no later than 2 months after the start of the state of insolvency. The imposition of sanctions on debtors who do not hand over bankruptcy assets to the curator for the granting of an actio pauliana lawsuit can be in the form of civil or criminal sanctions, by adjusting to the form of mistakes and unlawful acts committed by creditors and also depending on the choice of law for creditors. The suggestion of this research is that the Government needs to carry out legal socialization regarding the assets of bankrupt debtors included in the bankrupt debtor, especially bankrupt assets burdened with mortgage rights, so that the parties involved in the bankruptcy process can understand the existing legal rules and the Government needs to revise Law No. 37 of 2004 specifically related to the addition of articles that regulate sanctions both criminal sanctions and civil sanctions that will be imposed on debtors who do not carry out their obligations in accordance with Law no. 37 of 2004. Keywords: Bankruptcy, Actio Pauliana, Mortgage. |
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| Item Description: | http://repository.upnvj.ac.id/26551/1/ABSTRAK.pdf http://repository.upnvj.ac.id/26551/2/AWAL.pdf http://repository.upnvj.ac.id/26551/3/BAB%201.pdf http://repository.upnvj.ac.id/26551/4/BAB%202.pdf http://repository.upnvj.ac.id/26551/5/BAB%203.pdf http://repository.upnvj.ac.id/26551/6/BAB%204.pdf http://repository.upnvj.ac.id/26551/7/BAB%205.pdf http://repository.upnvj.ac.id/26551/8/DAFTAR%20PUSTAKA.pdf http://repository.upnvj.ac.id/26551/9/RIWAYAT%20HIDUP.pdf http://repository.upnvj.ac.id/26551/10/HASIL%20PLAGIARISME.pdf http://repository.upnvj.ac.id/26551/11/ARTIKEL%20KI.pdf |