AKIBAT HUKUM TERHADAP BENDA JAMINAN MILIK PIHAK KETIGA DALAM KEPAILITAN (STUDI KASUS PADA PT. BANK NEGARA INDONESIA (PERSERO) TBK DENPASAR)
| Main Authors: | , NI KADEK WIWIEN UDISUMERTHA, , Dr. Sulistiowati, S.H., M.Hum., |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/118692/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=58666 |
Daftar Isi:
- This study discusses the legal consequences of the objects owned by a third party into collateralized asset in a bankruptcy case. This study aimed to determine whether the inclusion of third party objects into collateral list is legally justified and has legal consequences on the objects. This research is a juridical empirical data material using library research and field research. Collecting field data as the main data conducted by interview, while data library as supporting data is conducted through literature review. It used purposive sampling technique. It involved some respondents and informants. The Respondents are debtors and creditors as well as curators which participated directly in the case of bankruptcy. The results were analyzed qualitatively and then made in descriptive form. The results showed: 1) The advent of a third party objects into bankruptcy collateral asset is in contrary to the theory and teaching of legal entity of Limited Company, which strongly separates the assets of its own and the wealth of the owners and the management. Third party objects put into collateral asset by the curators is based on a unilateral statement from the managers of PT. NC and the financial statements. NC is not yet approved by the RUPS. 2) The legal consequences of a third party guarantee of objects put in the confisticated collateral by creditor will make the unsecured creditors lose the right to obtain repayment of loans, especially for the separatist creditor (BNI) will loss of preferential rights over the third party collateral objects, since the debtor has no excess sales revenue from the collateral belonging to third parties to help the settlement of debts to unsecured creditors, and the third party will lose their right to control and divert the object and also the excess of net sales of the collateral objects will given back to PT. NC.