Perlindungan Hukum Terhadap Pihak Ketiga Dalam PPJB Apabila Perusahaan Sebagai Penjual Dinyatakan Pailit (Studi Kasus Putusan Mahkamah Agung Nomor 749K/Pdt.Sus-Pailit/2019)

Abstract

This study examines the lawsuit filed by Anne against Eddy Widjaja as the Curator Team of PT Raka Media Swatama (in bankruptcy) and Yana Suryana as the Main Director of PT Raka Media Swatama based on the Central Jakarta Commercial Court Bankruptcy Decision No. 08/Pdt.Sus-Cancellation of Peace/2017/PN.Niaga.Jkt.Pst Juncto No.65/PKPU/2012/PN.Niaga.Jkt.Pst. In the list of bankruptcy assets, Eddy Widjaja included objects that had been purchased by Anne as a third party, then apply for a counterclaim (derden verzet) in the counterclaim number 09/Pdt.Sus.Gll/2019/PN.Niaga.Jkt.Pst Furthermore, Eddy Widjaja made an appeal and the Supreme Court has decided on number 749K/Pdt. Sus-Bankruptcy/2019 canceled the lawsuit filed by Anne. The formulation of the problem in this study is: how is the legal power of PPJB and determination of assets/bankruptcy boedel if the company is declared bankrupt and how is the legal protection of third parties so that they get their rights from companies that are declared bankrupt. This is a normative juridical research that was conducted using a statutory approach and a case approach. The results of the study show that the Supreme Court Decision is erred if the land and building objects are included in bankruptcy assets, because the transfer has been made in the form of a sale and purchase and has been paid in full, and there is a PPJB Deed made before a Notary. In addition, Anne has also met the qualifications of a good faith buyer according to SEMA Number 4 of 2016.