Execution of Mortgage Object Against Bankruptcy Debtors

Anggraeny, Isdian and Fauziah, Ana and Esfandiari, Fitria and Hidayah, Nur Putri and Al-Faih, Sholahuddin and Ayu, Isdiyana Kusuma (2021) Execution of Mortgage Object Against Bankruptcy Debtors. In: Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021). Atlantis Press, pp. 75-79.

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Abstract

The problems arise when the company is unable to pay its debts to the bank and then the bank submits a legal remedy for bankruptcy which results in the debtor (company) being declared bankrupt. So that in the event the debtor has been declared bankrupt, the curator will carry out the execution process under the power of the supervisory judge. The execution of collateral when the debtor goes bankrupt is related to two main issues, namely, the legal regulations regarding execution and the status of collateral related to the debtor’s bankruptcy. In connection with the legal regulations regarding the execution and status of collateral when a debtor goes bankrupt, it is found that there are two different regulations, namely Law no. 37 of 2004 regarding KPKPU and Law no. 4 of 1996 regarding Mortgage Rights, so that a principle is needed to solve these problems, namely lex specialis derogate legi generalis (Special Laws defeat general laws). Therefore, based on these problems, research is carried out using normative legal research methods, by taking an approach, namely, a statute approach related to execution.

Item Type: Book Section / Proceedings
Keywords: Mortgage Bankrupt Execution
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: v34_noc Fitria, A.Md.
Date Deposited: 29 Feb 2024 04:26
Last Modified: 29 Feb 2024 04:26
URI: https://eprints.umm.ac.id/id/eprint/186

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