Execution of Mortgage Object Against Bankruptcy Debtors

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.