PEMENUHAN HAK BAGI KREDITOR SEPARATIS DALAM HAL EKSEKUSI HAK TANGGUNGAN ATAS HARTA DEBITOR PAILIT (STUDI KASUS PT.KERTAS LECES)

Pratama, Samuel Satriya Andi (2020) PEMENUHAN HAK BAGI KREDITOR SEPARATIS DALAM HAL EKSEKUSI HAK TANGGUNGAN ATAS HARTA DEBITOR PAILIT (STUDI KASUS PT.KERTAS LECES). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Bankruptcy is identical to the inability of the debtor to pay his debt obligations to the creditor of his creditor, so that the rights of the related creditor become unfulfilled. the bankruptcy law was born to provide a form of legal protection for creditors and bankrupt debtors, it aims to divide the assets of bankrupt debtors equally to all debtors. This arises based on the case experienced by PT.PPA who is a separatist creditor, but in fact obtained rights that are not appropriate under the bankruptcy law. The separatist creditor of the mortgage right holder should have the right to be able to execute the mortgage rights under his control, but the bankruptcy law does not speak explicitly about the implementation of the execution of the mortgage right, so that it can lead to different interpretations. Through this empirical legal research, it is hoped that the explanation regarding the fulfillment of rights for separatist creditors is clearer for separatist creditors to be protected by the fulfillment of their rights. with this method the separatist creditor the holder of the mortgage rights and the related parties can apply the bankruptcy law better and more equitable.

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