Legal Standing of Criminal Confiscation Against General Confiscation Based on Indonesian Bankruptcy Procedural Law

DOI

10.2991/978-2-38476-118-0_180How to use a DOI?

Keywords

Bankruptcy; General Confiscation; Criminal Confiscation

Abstract

Formulation of the problem in this study is what is the legal standing of the Criminal Confiscation against the General Confiscation in bankruptcy? And what is the Criminal Confiscation mechanism in the aspect of evidenciary based on the Indonesian Bankruptcy Procedural Law? As well as and what is the position of the Creditors, whether Separatist, Preferential, or Concurrent, in relation to the fulfillment of their respective rights to bankruptcy, if a Criminal Confiscation occurs on the same debtor? While the aim of the research is to find out whether General Confiscation or Criminal Confiscation will ideally take precedence, if a legal subject is currently in bankruptcy or status, but is also experiencing Confiscation in the context of Criminal Procedural Law, and to describe how the Criminal Confiscation mechanism is in the aspect of evidence based on bankruptcy procedural law, as well as to understand how the position of the Creditors, whether Separatist, Preferential, or Concurrent, relates to the fulfillment of their respective rights to bankrupt boedel, if a Criminal Confiscation occurs on the same debtor. The benefit of this research is to add to the body of knowledge in the field of Bankruptcy and Procedural Law and provide input for lecture material related to Bankruptcy Procedural Law. The research method used is doctrinal with the approach taken in this research is the Statute Approach and the Conceptual Approach. The statutory approach is aimed at examining statutory rules that establish norms that are considered included in the category of open-character laws that have been subject to constitutional review. The conceptual approach departs from the views and doctrines that have developed in the science of law. Researchers will discover theories that give rise to legal notions, legal concepts, and legal principles pertinent to the subject at hand by examining the viewpoints and doctrines in the science of law. Researcher's ability to construct a legal argument to address the current difficulties depends on their understanding of these ideas and theories. So, this study falls under the category of normative research, which is described as scientific activity based on techniques, systematics, and particular ideas that aims to examine one or more legal symptoms by examining them. Additionally, a thorough analysis of these legal facts was conducted, and then efforts were made to address the issues that these symptoms indicated.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ramadhana Anindyajati Bachry
PY  - 2023
DA  - 2023/10/10
TI  - Legal Standing of Criminal Confiscation Against General Confiscation Based on Indonesian Bankruptcy Procedural Law
BT  - Proceedings of the 4th Borobudur International Symposium on Humanities and Social Science 2022 (BIS-HSS 2022)
PB  - Atlantis Press
SP  - 1585
EP  - 1590
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-118-0_180
DO  - 10.2991/978-2-38476-118-0_180
ID  - Bachry2023
ER  -