Jurnal Cakrawala Hukum
Vol 13, No 1 (2022): April 2022

Perlindungan hukum kreditor yang memegang hak tanggungan dalam kepailitan

Mukhamad Khabib Risvian (Fakultas Hukum Universitas Brawijaya
Jl. MT. Haryono No. 169
Malang
Jawa Timur
)

Hanif Nur Widhiyanti (Fakultas Hukum Universitas Brawijaya
Jl. MT. Haryono No. 169
Malang
Jawa Timur
)

Reka Dewantara (Fakultas Hukum Universitas Brawijaya
Jl. MT. Haryono No. 169
Malang
Jawa Timur
)



Article Info

Publish Date
22 Apr 2022

Abstract

The purpose of this paper is to overcome future problems, Law No. 4 of 1996 concerning Mortgage on Land and Objects Related to Land and Law No. 37 of 2004 concerning Bankruptcy and Postponement of Obligation to Pay Debts. Preventive and Repressive Legal Protection actions, however, a problem or conflict of law arises which regulates the time limit which is the source of problems between the Mortgage Law and the Bankruptcy Law, thus confusing stakeholders. The Bankruptcy Law provides a time limit of 2 months or 90 (days) after the bankruptcy decision is given and must be given to the Curator. but it is felt that it does not provide sufficient time for the Creditor of the Mortgage Holder. Because the creditor rights holders have protected their rights by the Mortgage Law which is written in article 21 of the Mortgage Law. Within 2 months, it does not mean that the creditor has to complete the execution, but within that period the creditor has started the execution process. due to the process that must be passed by the Mortgage Holder to sell the Mortgage Object.How to cite item: Risvian, MK., Widhiyanti, HN Dewantara, R (2022). Perlindungan hukum kreditor yang memegang hak tanggungan dalam kepailitan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.7438.

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Journal Info

Abbrev

jch

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of ...