Hak Jaminan dan Kepailitan  

Oleh:

Sjahdeini, Sutan Remy

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 11 (2000), page 4-10.
Topik: KEPAILITAN; hak jaminan; kepailitan
Fulltext: Hak Jaminan dan Kepailitan.pdf (1.37MB)

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

Lihat Detail Induk

Isi artikel

According to article 56 of law number 4 year 1998 on bankruptcy, every creditor holding security rights of mortgage, security rights of pawning or security rights on other objects, is entitled to execute his rights as if no bankruptcy has taken place. Thus the creditor holding security rights mortgage, security rights, pawn rights, difuciary rights will not be influenced by a bankruptcy decision. This article is in compliance with the regulations and in this aspect acknowledging, the separation rights if the security right holder as regulated in the procedure law on indonesian civil judicature. However, article 56A paragraph (1) stipulates that the creditor's right of execution, meant in 56A paraghraph (1), and the third party's right to claim his property, which is under the control of the bankrupt debtor or creditor, is postponed for at the latest a period of ninety (90) days, calculated from the date the banruptcy decision has been determined. Precisely this article 56A is not parallel with the separation rights of the security rights holder as acknowledged in said article 56A paragraph (1). As for the explanation of article 56A paragraph 1 and paragraph 3, this law is inconsistent. On one hand article 56A paragraph 1 acknowledges the rights of separation of a preference creditor, whereas on the other hand the stipualiton of article 56A precisely denies said separation rights, as it stipualtes that foods burdened by a mortgage right appears to be bankrupt property. The attitude of said bankruptcy law appears to be an attitude destroying the principles of the judicial system on security rights, as the meaning of creating the institution of security rights, as the meaning of creating the isntitution of security rights in civil law will be void and meaningless, resulting into a vague concept and obejctives of security rights. Article 56A of the bankruptcy law will be contradictory to the law on fiduciary rights, the civil judicature law on the right on pawning, and the law on mortgage rights.

Opini Anda

Klik untuk menuliskan opini Anda tentang koleksi ini!

Kembali