TINJAUAN YURIDIS SITA JAMINAN DAN PEMBERESAN HARTA MILIK DEBITUR DALAM HAL TERJADINYA KEPAILITAN

Abstract

The company's desire to continue to develop causes an increase in the need for additional business capital. To achieve this, companies must properly optimize all available sources. One of the paths taken by business actors is to carry out capital lending to creditors with the consequence of returning business capital in accordance with the agreed period of time for both parties. One legal basis that becomes the basis for debt settlement and is closely relevant to bankruptcy in the business world is the reporting on bankruptcy, including the regulation on delaying debt payment obligations. In UUK-PKPU Article 1 Paragraph (1) bankruptcy is a general confiscation of all bankruptcy debts which are administered by the curator under the supervision of a supervisory judge.
Collateral confiscation is confiscation carried out by the procurement of movable or immovable property belonging to the plaintiff or defendant to guarantee the claim of rights from interested parties or applicants for confiscation. This confiscation is an act of preparation to ensure the implementation of a civil decision. Items confiscated for the benefit of the plaintiff are frozen, meaning that the goods stored for collateral may not be transferred or sold. Article 1131 of the Civil Code determines that all debtor assets, both in the form of movable objects and fixed objects (immovable objects), both existing and new ones that will be in the future, become collateral or collateral for all agreements made by debtors with the creditors. In other words, article 1131 of the Civil Code provides provisions that if the debtor is injured or does not repay the debt he obtained from his creditors, then the sale of all debtors' assets without exception, is a source of repayment for the debt. According to the Big Indonesian Dictionary, assets are goods (money, etc.) that are the property of a person or tangible or intangible assets that are valuable and legally owned by a company. Based on the above understanding it is concluded that the understanding of debtor's assets is goods or assets that are tangible or intangible, and of value that belong to a person or company (debtor) that is indebted to another party (creditor).