Legal Protection of Creditor’s Right Regarding Debtor Assets That is in the Control of Third Parties That Cannot Be Included Into the Bankruptcy Inventory (Study Of Court Decision Number 02 / Pdt.Sus / Pkpu / 2016 / Pn.Niaga.Jkt.Pst Juncto 02 / Pdt.Sus / Actio-Pauliana / 2017 / Pn.Niaga.Jkt.Pst Juncto 888k / Pdt.Sus-Pailit / 2017 Juncto 200pk / Pdt.Sus-Pailit / 2018)
- DOI
- 10.2991/assehr.k.201209.111How to use a DOI?
- Keywords
- Legal Protection, Creditors Rights, Bankruptcy, Bankruptcy Property, Actio Pauliana
- Abstract
The existence of a debt agreement and creditors must ask for guarantees for certainty of repayment by the debtor. The debtor is negligent, but the confiscation cannot be carried out properly so the creditor begs for bankruptcy. After a debtor goes bankrupt, there is a third party who does not want to surrender their collateral assets, this causes problems related to the legal protection of the creditor’s rights. The method used by the author is a normative research method based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The problem raised in this paper is how is the legal protection of the rights of creditors on the property of the debtor who is in the control of third parties that cannot be included in the bankruptcy inventory under Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations? The analysis is the existence of bankruptcy makes the debtor loses the right to take care of his property and the curator assigned to take care of it, this is in accordance with Article 24 of the Bankruptcy Law. The curator discovers the debtor’s property that is still controlled by a third party and does not want to be submitted for inclusion in the bankruptcy so that the curator submits an application for actio pauliana, namely to cancel the legal action because it is considered detrimental to the creditor. The arrangements are regulated in Article 41 jo. 42 of the Bankruptcy Law. The conclusion is that the creditor can file a cancellation of legal actions made by the debtor with a third party committed by the curator so that there is legal certainty that the debtor’s assets can be returned for inclusion in the bankrupt bank loan, this is as stipulated in Article 41 jo. 42 of the Bankruptcy Law.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Olivia Pauline Hartanti AU - Christine S.T. Kansil PY - 2020 DA - 2020/12/12 TI - Legal Protection of Creditor’s Right Regarding Debtor Assets That is in the Control of Third Parties That Cannot Be Included Into the Bankruptcy Inventory (Study Of Court Decision Number 02 / Pdt.Sus / Pkpu / 2016 / Pn.Niaga.Jkt.Pst Juncto 02 / Pdt.Sus / Actio-Pauliana / 2017 / Pn.Niaga.Jkt.Pst Juncto 888k / Pdt.Sus-Pailit / 2017 Juncto 200pk / Pdt.Sus-Pailit / 2018) BT - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020) PB - Atlantis Press SP - 704 EP - 709 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.111 DO - 10.2991/assehr.k.201209.111 ID - Hartanti2020 ER -