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All Journal Jurnal Dinamika Hukum Jurnal Media Hukum LAW REVIEW Journal of Law and Policy Transformation Global Legal Review Indonesian Journal of International Law Jurnal Konstitusi COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Cerdika: Jurnal Ilmiah Indonesia
Jamin Ginting
Fakultas Hukum, Universitas Pelita Harapan
Humanities Economics, Econometrics & Finance Education Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Global Legal Review

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Legal Protection for Creditors Against the Assets of Bankrupt Debtors Confiscated as Evidence Adipradana, Nugroho; Adi, Rianto; Ginting, Jamin
Global Legal Review Vol. 4 No. 2 (2024): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v4i2.8485

Abstract

The uncertainty of the status of affiliated bankruptcy debtors as evidence of criminal offenses is a classic problem that until now has not found an alternative legal solution. When a bankruptcy debtor is proven to have committed a criminal offense, resulting in the debtor's assets becoming evidence seized by the criminal, the curator will experience difficulties in the process of liquidating the debtor's assets. On the one hand, the prosecutor's office has the authority to confiscate the assets of the debtor (defendant), as well as the curator who has the authority to liquidate. The emergence of these two types of seizure is certainly intended to provide legal certainty and legal protection for the community. However, in its implementation, when the two types of seizure clash, the aspects of certainty and justice for the community will not be achieved. Therefore, it is necessary to establish regulations that can bridge or unravel the problem of attraction of seizure objects between the curator and the prosecutor's office. The research method used in this research is juridical-normative by using several research approaches, namely statute approach and conceptual approach. The use of statute approach in the research is intended to provide an overview of the construction of bankruptcy and criminal law so as to hamper the process of liquidation of bankruptcy assets. While the use of conceptual approach is intended as a basis for thinking to reconstruct the legal construction so as to create harmonious and synchronous bankruptcy and criminal regulations and can provide certainty and justice for the legal protection of creditors.
The Position of Collateral Assets Owned by Third Parties in the Management and Administration of Bankruptcy Assets Sitanggang, Rufina Astuti; Silalahi, Udin; Ginting, Jamin
Global Legal Review Vol. 5 No. 2 (2025): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i2.8746

Abstract

Collateral serves as a guarantee for debt, with third parties often acting as guarantors or providing collateral that is not the debtor’s asset. When debtors file for bankruptcy, they may include third-party assets as collateral. The issue arises when these third-party assets are listed as bankruptcy assets, leading to conflicting court decisions—some include them as part of bankruptcy assets, while others do not. This dualism undermines legal certainty. The purpose of this research is to analyse the regulation regarding the position of collateral assets belonging to third parties in the management and administration of bankruptcy assets in Indonesia; the application of arrangements regarding collateral assets owned by third parties in the management and administration of bankruptcy assets in Indonesia; and legal certainty regulated over collateral assets belonging to third parties in bankruptcy in Indonesia. This research uses normative-juridical research with a statutory and conceptual approach with the analytical tools of agreement theory, legal certainty theory, and legal protection theory. Regulations regarding these issues are contained in Article 21 of Law Number 37 of 2004 and the guarantee agreement as an accessory agreement, Law Number 4 of 1996, Law Number 42 of 1999 and Book II and Book III of the Civil Code. The application of collateral payments owned by third parties in Indonesia's bankruptcy assets management and administration is currently has dualism. Pointing out that there are decisions that either declare collateral assets as bankruptcy assets or not, based on allegations and suspicions about ownership and the intention to accelerate the management and administration process. To address this, Article 21 of Law Number 37 of 2004 should be amended to clarify that bankruptcy assets are the assets of the bankrupt debtor and that collateral assets belonging to third parties are not included in bankruptcy assets as an affirmation of the previous provision.
Co-Authors Basuki Rekso Wibowo Chen, Elizabeth Darryl, Erdick Elizabeth Chen Emiliya Febriyani Fadjar, Raden Febriarto Helfinsi Raportina Hernico, Brenda Jur. M. Udin Silalahi Nugroho Adipradana Rianto Adi, Rianto Rodliyah Sitanggang, Rufina Astuti Sumerah Talbot, Patrick Vincensia Esti Purnama Sari