MANALU, RATNA YULIANA (2009) PENYELESAIAN KEPAILITAN TERHADAP KREDITOR SEPARATIS DIBANDINGKAN DENGAN KREDITOR PEMEGANG HAK JAMINAN DALAM HAL TERJADINYA SITA JAMINAN. S1 thesis, UAJY.
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Abstract
In this writing, specifically about how the legal status of the separatist creditors in bankruptcy creditors when compared with holders of rights guaranteed in the event of confiscation guarantees? And how the settlement process? The research objective was to determine the the legal status of the separatist creditor in the bankruptcy creditors compared with holders of rights guarantees in the event of confiscation guarantees and completion process.types of legal research which is kind of normative research. The results of this study is that, when viewed from the bankruptcy settlement of the separatist creditor creditors that the holder of the security right is bankruptcy law under Article 55 has provided an exception to the separatist creditor where the separatist creditor where the creditor is able to directly solve security object as if nothing happened bankruptcy. But in fact, this law is inconsistent because next to in Article 56 paragraph (1) says that the process of execution to the creditor holding security rights can only be done 90 days after the bankruptcy verdict pronounced. Thus the principle of execution in bankruptcy, nowthstanding the provisions of this warranty which entitles the creditor toguarantee the rights holders directly to execute after the defaults based on the decision of the District Court. The advice from the author for commercial courts in Indonesia not only in big cities only, but should also be in all areas in Indonesia, the high Court that is known by the public. And for the judges, so do not always accept the defaults litigation, but also see elements of bankruptcy
Item Type: | Thesis (S1) |
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Uncontrolled Keywords: | Bankruptcy, Creditor, Guaranteed |
Subjects: | Ilmu Hukum > Ekonomi Bisnis |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | Editor UAJY |
Date Deposited: | 09 Jul 2013 11:18 |
Last Modified: | 09 Jul 2013 11:18 |
URI: | http://e-journal.uajy.ac.id/id/eprint/2889 |
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