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All Journal Jurnal Pendidikan dan Sosial Humaniora
Ruswati Ruswati
Universitas Jayabaya
Humanities Education

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Eksistensi Sita Umum Kepailitan Terhadap Sita Pidana Dalam Pemberesan Harta Pailit Ruswati Ruswati
Jurnal Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2022): Maret : Jurnal Pendidikan dan Sosial Humaniora
Publisher : Amik Veteran Porwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (848.218 KB) | DOI: 10.55606/khatulistiwa.v2i1.407

Abstract

This journal was created to examine the implementation of the authority of curators and investigators on general confiscation of bankruptcy against criminal confiscations in the settlement of bankrupt assets and their legal certainty. The method used in this research is normative juridical research. The results of the study show that the curator and investigator in carrying out their authority are both based on the laws and regulations, but in practice there is a dispute over the authority attribution between the curator and the investigator regarding confiscation, as referred to in Article 31 paragraph (2) of Law Number 37 year 2004 concerning Bankruptcy and Postponement of Obligations for Payment of Debt with Article 39 paragraph (2) of the Criminal Procedure Code. So that the judge's decision aims to provide legal certainty for the litigants, namely between the curator and investigators and/or the prosecutor's office regarding disputes over authority regarding confiscation, namely between general confiscation and criminal confiscation.
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