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Nurwidiatmo Nurwidiatmo
Universitas Jayabaya
Law, Crime, Criminology & Criminal Justice

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Pelaksanaan Eksekusi Hak Tanggungan Yang Dilakukan Kreditur Separatis Dalam Keadaan Insolvensi Fathiya Achmad; Permata N. Daulay; Nurwidiatmo Nurwidiatmo
Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i1.164

Abstract

In the event of debtor’s bankruptcy, the separatist creditor must comply with the regulations of bankruptcy (UUK) and request of suspension of obligation for payment of debt (PKPU). Problems arise when the secured creditors interpret the articles on bankruptcy and PKPU differently from the Curators and other authorized bodies. Multi interpretation in those articles resulted in creditors’ losses because in the end the creditors will not be able to maximize the auction and must cede the bankrupted asets or properties to the Curator and wait for settlement proceeds after the Curator completes the preferred creditor. The method used in this research is a normative juridical research method supported by Empirical Juridical. The theory used as a tool to analyze is the theory of legal certainty by Gustav Radbruch and the legal protection theory by Philipus M Hadjon. It is concluded from the results of this study that the position of the Bank or also called by a separatist creditor in the execution of mortgages in bankruptcy is conditionally preceded and separated. The requirements stipulated as in the UUK and PKPU that the period of suspension (stay period) which is required to initially passed and the insolvency state.
Kepastian Hukum Pelaksanaan Eksekusi Terhadap Perjanjian Yang Telah Disahkan (Homologasi) Tedy Herlambang; Nurwidiatmo Nurwidiatmo; Taqiyuddin Kadira
Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i1.151

Abstract

This study discusses how the legal certainty and legal protection of the execution of the agreement that has been validated (homologation) between the Respondent Postponement of Obligation of Debt Payment (PODP) to the creditor. Implementation of the execution of homologation between the Respondent for the PODP to the creditors is obtained through Article 170 paragraph 1 of Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Debt Payment Obligation, where if the debtor fails to fulfill the homologation agreement the creditor may demand the cancellation of the treaty, which may make the debtor’s position republished, so that any assets of the debtor may be executed as before any homologation agreement. The execution on the decision used in this study does not materialize for the creditor, because although the debtor has been manifestly and proven to have defaulted against the homologation, the creditor canceling the agreement is not granted by the Panel of Judges.
Co-Authors Fathiya Achmad Permata N. Daulay Taqiyuddin Kadira Tedy Herlambang