PENDAFTARAN TAGIHAN ATAS JAMINAN CROSS COLLATERAL DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG

Nadia Nursantih (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Heru Pringgodani Sanusi (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)

Reformasi Hukum Trisakti
Vol 3 No 3 (2021): Reformasi Hukum Trisakti

Cross Collateral in a Bank Credit is a guarantee derived from one legal relationship or for one or more debts derived from several legal relationships, provided by the debtor and accepted by the bank which can reduce the risk in lending, this is in accordance with the principle of prudential banking. The formulation of the problem discussed, how is the Treatment of Cross Collateral Collateral for the Recording of Bill Registration in the Accounts Receivable List in the PKPU Process and how is the Position of Bank Creditors as Holders of Cross Collateral in the Receivables Matching Phase in the PKPU Process according to UUK-PKPU. Normative writing method, descriptive writing nature, type of data using secondary data, qualitative data analysis. And conclusion making is done with deductive logic. Based on the results of the study, Cross Collateral in the PKPU process can be divided pari passu pro rata and the position of Creditors holding Cross Collateral as a privileged separatist Creditor based on Article 55 paragraph (1) UUK-PKPU, and applies mutatis mutandis to the PKPU process based on Article 246 UUK-PKPU so that the right to confiscation and execution in PKPU is suspended until PKPU ends.