Journal of Political And Legal Sovereignty
Vol. 1 No. 1 (2023): Journal of Political And Legal Sovereignty (January – March 2023)

PPAT Responsibilities That Do Not Issue the Deed of Grant of Guarantee Rights and Position of Creditors in Bankruptcy

Made Dananjaya MAHAWIRA (University of Warmadewa, Indonesia)
I Made ARJAYA (University of Warmadewa, Indonesia)
I Made Pria DHARSANA (University of Warmadewa, Indonesia)



Article Info

Publish Date
31 Jan 2023

Abstract

Purpose: The action taken is that lending and borrowing are not accompanied by the existence of an item that the debtor guarantees. However, in reality, in banking, there is a provision of a facility from the bank for its customers who do not lend to the debtor without including a guarantee.Methodology: The research method conducted by the author is normative research. The formulation of the problems that will be discussed includes 1. What is the responsibility of the PPAT towards the cover note stating that the Mortgage will be installed? 2. What is the creditor's position in bankruptcy because the mortgage right is not installed by the PPAT? The responsibility of a PPAT for a cover note that has stated the installation of mortgage rights is a criminal responsibility in which the right leads to individual responsibility.Findings: There is an imposition of sanctions either dishonorably dismissed or imposition of an institution for an action carried out by the PPAT and the existence of civil responsibility that provides direction in compensating creditors with the loss of the certificate of ownership.Implication: Judging from the position of a creditor in bankruptcy because the mortgage right is not installed by the PPAT, it is a creditor's position in the event of bankruptcy if it is based on the position of creditors with an equal or equal position. The granting of equal rights from the results of a bankrupt boedel execution has been adjusted to the amount of each bill.

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Journal Info

Abbrev

jpls

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Political And Legal Sovereignty discusses the political And Legal Sovereignty under the auspices of PT Keberlanjutan Strategies Indonesia. The Journal of Political And Legal Sovereignty include topics such as the nature of sovereignty, its relationship to democracy, and the role of ...