Progressive Law Review
Vol 4 No 01 (2022): April

THE CONFLICT OF THE NORMS IN THE EXECUTION OF SECURED OBJECTS WHICH ARE ENFORCED BY LIABILITY RIGHTS WHEN THE DEBTOR IS BANKRUPT

Ana Fauzia (Muhammadiyah Malang University)
Deva Gama Rizky Octavia (Mataram University)
Fathul Hamdani (Mataram University)



Article Info

Publish Date
30 Apr 2022

Abstract

In a transaction, for example a company's working capital credit agreement with a bank, occurs where the bank asks for collateral in the form of mortgage rights in guaranteeing the company to pay its debts to the bank. However, because the company's assetsto be pledged as collateral do not exist or are insufficient, third party assets (individual companies/shareholders/directors/commissioners) are tied up. However, problems arise when the company is unable to pay its debts to the bank and then the bank files a bankruptcy petition which results in the debtor (company) being declared bankrupt. So that in the event that the debtor has been declared bankrupt, the execution process is carried out by the curator under the authority of the supervisory judge. The execution of collateral objects when the debtor goes bankrupt is related to two main problems, namely, related to legal regulations regarding execution and the status of collateral objects related to the bankruptcy of the debtor. With regard to the legal regulations concerning execution and the status of collateral items if the debtor is bankrupt, two different arrangements were found, namely between Law no. 37 of 2004 concerning the KPKPU and Law no. 4 of 1996 concerning Mortgage Rights, so that a principle is needed to solve these problems, namely lex specialis derogate legi generalis (Special Laws beat general Laws). Therefore, based on these problems, research is carried out using normative legal research methods, by taking an approach, namely, a statute approach related to execution.

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Journal Info

Abbrev

plr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Progressive Law Review (PROLREV) is an journal Faculty of Law University of Bandar Lampung. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The Review basically contains any topics ...