ANALISIS PUTUSAN NOMOR 11/PDT.SUS-PKPU/2018/PN NIAGA MDN TENTANG TUGAS KURATOR DALAM MELAKUKAN EKSEKUSI TERHADAP HARTA PAILIT DEBITOR ASING

Rowren, . (2023) ANALISIS PUTUSAN NOMOR 11/PDT.SUS-PKPU/2018/PN NIAGA MDN TENTANG TUGAS KURATOR DALAM MELAKUKAN EKSEKUSI TERHADAP HARTA PAILIT DEBITOR ASING. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Foreign debtor that doing business in Indonesia , in this case has assets in Indonesia and overseas, when bankruptcy occurs, of course all the assets that debtor has will be confiscated and settled. Penaga Timur (M) Sdn. Bhd. is Malaysia sea freight company that doing business in Indonesia became insolvency and Commercial Court appoint a Curator to confiscate and settle all assets that debtor has to pay off the debt to creditors. Article 21 Act Number 37 of 2004 concerning Bankruptcy and Delay Payment of Debt (UUK-PKPU) explained that insolvecy contains all assets debtor has in or out territory of the Republic of Indonesia, but because the location of some assets that debtor has are outside the territory of the Republic of Indonesia, the Curator has not been able to fulfill the rights of creditors that are PT. Wijaya Artha Shipping and PT. Ujung Medini Lestari. This research was conducted with normative legal research approach. The result of this research are Curator has authority to settle debtor’s assets even without debtor’s agreement and Curator can maximally settle debtor’s assets that in Indonesia first, but for the asset’s that in Malaysia, Curator doesn’t have power to settle because Malaysia have their own law and sovereignty.

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