MAFIA KEPAILITAN DALAM PENJUALAN HARTA PAILIT

Abstract

According to Article 185 paragraph (1) and paragraph (2) Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, the process of selling bankrupt assets is carried out in two ways, namely public sales (auction) and sales under the hand. Under-hand sales will be carried out after unsuccessful public sales. Bankruptcy asset sales have many problems, one of which is the existence of bankruptcy mafia. Bankruptcy mafia is a legal mafia that attempts to influence law enforcement and public officials so that it deviates from bankruptcy rules. Bankruptcy Mafia is a person, supervisory judge, curator, appraisal, auction official, tax officer and lawyer. This paper will discuss the process of bankruptcy asset sales, the role of bankruptcy mafia in the sale of bankrupt assets, the negative impact of the bankruptcy mafia on the sale of bankrupt assets and the fight against bankruptcy mafia. The research method used is normative legal research using secondary data obtained from the results of library studies and document studies. Various data obtained will be analyzed descriptively-qualitatively. The author found that the problem of bankruptcy asset sales was dominated by problems originating from law enforcement, such as limited knowledge and ability of curators and appraisals, weak supervision by supervisory judges, and violations of law from law enforcement. The rise of problems in law enforcement in the process of selling bankrupt assets has made the existence of bankruptcy mafia irrefutable. The mode used is embezzlement, bribery, transaction manipulation or agreement and misuse of auction procedures. The existence of the bankrupt mafia made bankrupt assets unsold, abandoned, destroyed, sold cheaply, improperly controlled, the distribution of assets became prolonged and injustice for the good-faith parties. Therefore, the existence of bankruptcy mafia needs to be eliminated by preventive and repressive actions. Preventive actions are carried out by regulating the increasing role of supervisory judges in the sales process in public, and the role of appraisal in the sales process under the hand and emphasizing the function of guidance and supervision by professional organizations in the Bankruptcy Act. While repressive action through the enforcement of legal sanctions by law enforcement and ethical sanctions by professional organizations against bankruptcy mafia.