Bank's Effort As A Separative Creditor In The Effort Of Redemption Of Bankrupt Debtors

Negara, Dian Agung Cipta (2019) Bank's Effort As A Separative Creditor In The Effort Of Redemption Of Bankrupt Debtors. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

Mortgage rights are material guarantees granted by debtors to creditors for repayment of debt if the debtor defaults. Underwriting rights have been specifically regulated in the legislation, namely Law Number 4 of 1996 concerning Mortgage Rights. In Article 55 paragraph (1) the Bankruptcy Law Number 37 of 2004 states expressly that the creditor who holds the right to guarantee property rights can execute it as if there was no bankruptcy from the bankruptcy of the debtor. By looking at the next Article, namely Article 56 paragraph (1) which also expressly states that the creditor's right to execute material guarantees belonging to a bankrupt debtor is suspended for a maximum period of 90 days after the Debtor was declared bankrupt by the decision of the Commercial Court. Whereas Article 21 of the Underwriting Rights Act states that if the debtor is bankrupt, the Underwriting Right is still authorized to exercise all of its rights according to the provisions of the Underwriting Rights Act. The two provisions in the Bankruptcy Act are not consistent in applying the law. So the formulation of the problem raised is (1) How is the authority of the separatist creditor to guarantee the execution of debtors who are in bankruptcy? (2) What are the efforts of the Bank as a separatist creditor in the business of paying off debts of bankrupt debtors? This research method uses normative juridical research, using primary, secondary and tertiary legal materials. The results of this study indicate that separatist creditors have the right to execute material guarantees given by the debtor and if there is no bankruptcy from the debtor, however, the separatist creditor still has to suspend the execution a maximum of 90 days after the bankruptcy decision. If the object of the collateral executed does not fulfill all of its receivables, then the separatist creditor can request that the shortfall be calculated as a concurrent creditor.

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