Bankruptcy Assets Research Articles

Analisis Hukum: Actio Pauliana terhadap Aset Disewakan dalam Kepailitan

This research focuses on the legal regulation of leasing in the context of bankruptcy, emphasizing the importance of good faith principles and the application of actio pauliana. Leasing involves managing economically valuable assets through agreements that must comply with the validity requirements under Article 1320 of the Indonesian Civil Code, including the principle of good faith. In bankruptcy cases, the good faith principle is applied through actio pauliana, which grants creditors the right to annul actions by debtors that harm them. This research aims to understand how the Bankruptcy and Suspension of Debt Payment Obligations Law (KPKPU) regulates rental income from bankruptcy assets and the application of actio pauliana to leased bankruptcy assets. The study employs a normative juridical method with legislative and conceptual approaches to analyze the legal certainty of leased bankruptcy assets. The findings show that rental income can be classified as bankruptcy assets under Article 38 of the KPKPU Law, and actio pauliana can be applied if the leasing agreement is made in bad faith, as per Article 1341(2) of the Civil Code and Article 38 of the KPKPU Law.

The Concept of Resolving the Conflict of Norms Between Criminal Confiscation and General Bankruptcy Confiscation of Bankruptcy Assets Viewed from the Perspective of Justice

The Concept of Resolving the Conflict of Norms Between Criminal Confiscation and General Bankruptcy Confiscation of Bankruptcy Assets Viewed from the Perspective of Justice

DEVELOPMENT OF THE HERITAGE CENTER AS BANKRUPTCY CURATOR

This study aimed to find out and analyze the implications of the regulation of the Curator in Law No. 37 of 2004 on the Semarang Heritage Agency and the development of the Heritage Agency as bankruptcy curator. This study was empirical normative legal research that combined normative legal research and empirical legal research presented in a descriptive qualitative analysis. This research found that the change in Law No. 37 of 2004 was to add another curator besides the Heritage Agency. The results of the study and discussion show that the implication of setting the curator as the administrator and insolvency of bankruptcy assets is that the number of cases handled by the institution is divided into two, but in practice it is less than the curator and the developments that occur at the Property and Heritage Agency of Semarang in general are with the tasks of administering third party money and specifically the separation of duties on heritage and state curator (bankruptcy).

Settlement of Bankruptcy Assets in A Form of Crypto Assets Throughout Bankcruptcy Process

AbstractThis research analyzes Crypto Assets as bankruptcy assets in the procedures for settlement by the curator in relation to statutory regulations, as well as the criteria for objects that can be included in bankruptcy assets. Generally, wealth is in the form of objects that can be seen, but the emergence of Crypto Assets in society breaks the stigma that exists in general. Based on bankruptcy practices in Indonesia, the categories or characteristics of objects that can be included as bankruptcy assets belonging to debtors are object that have resale value or economic value. This research is juridical-normative in nature. The results of this research show that crypto assets have met the classification as intangible objects. As bankruptcy assets, Crypto Assets cannot necessarily be used as a means of paying debts to creditors, because in Indonesia Crypto Assets are only allowed as an investment tool. However, Crypto Assets as bankruptcy assets must first be cleared by the curator until they are in the form of rupiah currency through certain stages in accordance with applicable law and regulations.Keywords: Bankruptcy; Bankruptcy Assets; Crypto Assets; Settlement.

PROBLEMS MANAGEMENT OF BANKRUPT ASSETS BY THE CURATOR AFTER THE EFFECTIVE EFFECTIVE COURT DECISION

<p><em>The management of bankrupt assets that the court has given authority to the curator and supervisory judge has difficulties and problems such as the difficulty of conducting auctions and selling assets from bankrupt assets and it is also exacerbated by the bankruptcy mafia game in playing with prices during auctions. Using the normative juridical research method, the authors found that problems had indeed occurred and there had been no harmonization of rules and not firm enough rules regarding the independence of curators and also how the management of bankruptcy assets could run more smoothly in order to create justice for the creditors of the debtor.</em><em></em></p><p> </p>

The essence of netting off counterclaims and the problems of its application

The author made an attempt to reveal the main approaches on definition of netting off (balancing) in the judicial practice of Russian Federation. The issue of the conditions and consequences of qualifying netting (balancing) as a form of offset is analyzed, taking into account the bankruptcy law restrictions on transactions that violate the priority and proportionality of satisfying creditors’ claims. It is noted that in practice, courts allow the netting of counterclaims, which violates such restrictions. The article provides a comparative overview of various approaches to determining offset and netting off in the absence of legislative provisions on the last one. The author comes to the conclusion that netting off should be considered as a type of offset, so the rules on offset during the suspect period should be applied with consequences regarding the restitution of the bankruptcy assets.

Kewenangan Kurator atas Implementasi Business Going Concern Principle dalam Pengurusan Boedel Pailit

Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations was formed to distribute the debtor's bankruptcy debt to creditors proportionally and fairly. A company that has been declared bankrupt but does not yet have insolvent status is not considered to have ended so bankruptcy will not stop business operations or can be called a business going concern. According to this law, companies can continue their operations even though they are deemed unable to pay their debts. This is different from what is explained in the Limited Liability Company Law which requires the dissolution of the company after it reaches a level of inability to pay debts. This raises questions that are formulated in the problem formulation, namely first, how to implement the principle of business continuity (Business Going Concern) in bankruptcy cases, second, what is the responsibility of the Curator due to the implementation of a going concern which fails in its implementation due to the company's stock valuation decreasing. This research uses a normative legal method supported by a statutory approach. The results of this research conclude that, firstly, if the curator assesses that there is potential to increase the valuation value of the bankrupt debtor, then going concerned is the right way as proven by analysis from the auditor to fulfill the debtor's achievements. Second, if after carrying out a business going concern the company's value continues to decline, then the curator should stop business activities and immediately settle the bankruptcy assets.

CURATORS ARE VULNERABLE TO BE CRIMINALIZED AND CRIMINATED IN BANKRUPTCY AND PKPU PROCESSES

<p>The Curator is one of the important organs in the debt settlement process between debtors and their creditors through bankruptcy law instruments. Based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU), the Curator is given broad and broad duties and powers in managing and settling the assets of a bankrupt debtor. Because since being declared bankrupt by the court, the debtor has lost his right to manage his business and assets. The duties and authorities to administer the business and assets of the bankrupt debtor rest in the hands of the Curator, who works under the supervision of the Supervisory Judge. In carrying out its duties and authorities, the Curator must adhere to the provisions of the Law and the Professional Code of Ethics, namely being independent, having no conflict of interest and not handling more than 3 (three) Bankruptcy and PKPU cases. If in carrying out its duties and authorities it causes damage to the bankrupt assets, then the Curator must be legally responsible. That means, the Curator does not have the right of immunity or impunity in carrying out his duties and authorities to manage and settle bankruptcy assets in accordance with the provisions of the law. The Curator is not a public official. The Curator may be punished if his actions and decisions in administering and settling the bankrupt assets cause harm to the bankrupt assets. However, Law Number 37 of 2004 concerning Bankruptcy and PKPU does not include criteria for criminal acts and criminal sanctions for Curators. Because of this, Curators are vulnerable to being criminalized and punished.</p><p>The Curator is one of the important organs in the debt settlement process between debtors and their creditors through bankruptcy law instruments. Based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU), the Curator is given broad and broad duties and powers in managing and settling the assets of a bankrupt debtor. Because since being declared bankrupt by the court, the debtor has lost his right to manage his business and assets. The duties and authorities to administer the business and assets of the bankrupt debtor rest in the hands of the Curator, who works under the supervision of the Supervisory Judge. In carrying out its duties and authorities, the Curator must adhere to the provisions of the Law and the Professional Code of Ethics, namely being independent, having no conflict of interest and not handling more than 3 (three) Bankruptcy and PKPU cases. If in carrying out its duties and authorities it causes damage to the bankrupt assets, then the Curator must be legally responsible. That means, the Curator does not have the right of immunity or impunity in carrying out his duties and authorities to manage and settle bankruptcy assets in accordance with the provisions of the law. The Curator is not a public official. The Curator may be punished if his actions and decisions in administering and settling the bankrupt assets cause harm to the bankrupt assets. However, Law Number 37 of 2004 concerning Bankruptcy and PKPU does not include criteria for criminal acts and criminal sanctions for Curators. Because of this, Curators are vulnerable to being criminalized and punished.</p><p><strong><br /></strong></p>

Legal protection of employee wage rights in bankrupt companies: evidence from China

This study aims to identify the factors contributing to the legal protection of workers' wage rights in bankrupt companies in China, focusing on aspects that have not been grounded in social justice. This research is also to formulate and form a legal protection model for workers' wage rights in bankrupt companies based on social justice in Indonesia and China. This research is empirical. The research data is in the form of primary and secondary data (primary and secondary legal materials). The study results show that the factors that cause legal protection of workers' wage rights in bankrupt companies are not based on social justice and are the legal substance factor, namely the legal norms governing workers' wage rights and other rights. When a company goes bankrupt, there is non-uniformity in the priority hierarchy of creditors in the Bankruptcy Law, General Provisions on Tax Implementation Procedures, and Labor Laws. Another factor is the legal and structural factor, which only involves the trustee and supervisory judges in the settlement of bankrupt assets. The last factor is the legal culture, where participation in the payment of bankruptcy assets is minimal and the current economic system tends to be capitalist. Indonesia must take the Chinese government as an example; China places a premium on modifying labour standards to safeguard the rights and interests of workers in all circumstances and promote economic and social development.

PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA DALAM ACTIO PAULIANA

Actio Pauliana is a term for the cancellation of a legal action carried out by the debtor because the legal action can harm the creditor and is not required to be carried out. Actio Pauliana is closely related to bankruptcy law because it can have implications for the process of settling bankrupt assets of debtors who are undergoing the bankruptcy process. In the settlement of bankruptcy assets, the curator will conduct an examination of the ownership of the debtor's bankrupt property which will be used to resolve the bankruptcy process to its creditors. If Actio Pauliana's lawsuit is granted, as a result, the legal action of the debtor being sued by Actio Pauliana will be canceled. The canceled legal action involves a third party in transactions in general and creates an obligation for the third party to return the debtor's bankrupt property. The formulation of the problem in this research is what is the legal protection for third parties in Actio Pauliana's lawsuit. The purpose of writing this thesis is to fulfill one of the requirements to obtain a Bachelor of Law degree at the Faculty of Law, University of Surabaya. The writing of this study uses a normative juridical legal research type, from legal research carried out with this method, the results obtained that legal protection for third parties in the Actio Pauliana lawsuit gives a third party the right to get back the object that has been received by the debtor or its replacement value or the price of the goods. which has been paid to the debtor. Meanwhile, for the lack of the replacement value of the object or the price of the goods that have been paid by a third party to the Debtor, the third party in the Actio Pauliana lawsuit may appear as a Concurrent Creditor.

Tanggung Jawab Kurator Dalam Perkara Kepailitan Berdasarkan Prinsip Independensi

The curator must be independent and not have a conflict of interest because the curator has such great authority over bankruptcy assets. The research used in this research is normative legal research. This is because researchers use library materials as data to analyze cases in the preparation of this study. provisions regarding the principle of independence are emphasized in the Code of Ethics of the Indonesian Curator and Administrator Association (AKPI) which states that in every appointment received, members of the Indonesian Curator and Administrator Association (hereinafter referred to as "members") must be independent and free from anyone's influence. Independence in bankruptcy law can be interpreted that the curator may not and cannot be intervened by anything, either by debtors, creditors, or other individuals within the bankruptcy institution or outside the bankruptcy institution. Independent also reflects the integrity of a curator which contains values including having a noble character, being trustworthy in carrying out his position, being able to act wisely and prudently in dealing with a plural reality between the interests of debtors and creditors, being consistent between his words and the responsibilities he carries, obeying the values and Norms, both written and unwritten, and no less important, are always oriented to the best interests of the bankruptcy estate.

LEGAL PROTECTION OF THE AUTHORITY OF THE CURATOR IN THE MANAGEMENT AND SETTLEMENT OF BANKRUPT ASSETS

This writing aims to determine the legal protection for the curator in exercising the authority to manage and settle bankrupt assets as well as the duties and authority of the curator in managing and controlling the bankrupt debtor's assets. This paper uses the normative juridical law research method by conducting a study and analysing laws and regulations related to the problem under study so that the results of the research above in the provisions of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt do not guarantee legal protection for curators in carrying out their duties of managing and dealing with bankruptcy assets. Article 50 of the Criminal Code provides protection for curators who carry out their duties based on statutory regulations.

GENERAL CONFISCATION OF BANKRUPTCY VS CRIMINAL CONFISCATION IN THE PERSPECTIVE OF LEGAL BENEFIT

This study aims to obtain information regarding general confiscation of bankruptcy Vs criminal confiscation in the perspective of legal benefit and general confiscation of bankruptcy prior to criminal confiscation in the same perspective, namely legal benefit. The research method used is qualitative by conducting a literature study on various sources with themes related to research. The data obtained will then be analyzed in depth so that it is known that general confiscations have the benefit of returning creditor rights as debt repayments according to their proportions. While the benefits of criminal confiscation are to facilitate and speed up the criminal court process for the perpetrator or defendant. It doesn't stop here, if there is a case of two confiscations at the same time, you can prioritize general confiscation so that creditors can immediately receive their rights from bankruptcy assets and stabilize the economy on a small or large scale, but a curator must be able to place the state as the creditor holding the rights. Privilege to always take precedence in fulfilling its obligations.

Perlindungan Hukum Kreditor Preferent Pada Perusahaan Asuransi Yang Pailit

Legal protection for policyholders, insured or insurance participants, in relation to insurance company bankruptcy, Indonesian positive law has actually provided a way out with several alternative options, namely based on the provisions of the Civil Code, the Bankruptcy Law, and the provisions of the Indonesian Civil Code. Law No.40 of 2014 stipulates explicitly that the rights of the policyholder/insured or insurance participant for the distribution of the assets of an insurance company bankrupt by court or liquidation have a higher (primary) position than the rights of other creditors. Article 52 paragraph (1) states “In the event that an insurance company, sharia insurance company, reinsurance company or sharia reinsurance company is bankrupt or liquidated, the rights of the policyholder, the insured or participants for the distribution of their assets have a higher position than the rights of other parties”. The meaning of this sentence is thar the policyholder has a position as a preferred creditor, namely a creditor whose position takes precedence over other creditors in the distribution of bankruptcy assets of an insurance company. In the distribution of bankruptcy assets, the policyholder has the right to demand priority payment of his rights in accordance with the previously agreed agreement.

Optimization of Bankruptcy Assets in the Form of Non-Fungible Token (NFT) by the Curator Based on Indonesian Bankruptcy Law

This research is a normative juridical study of non-fungible token (NFT) regarding the position of NFT in relation to positive law in Indonesia, legal certainty for bankrupt assets in the form of NFT and the efforts that can be made by curators in order to optimize bankruptcy assets in the form of NFT. The results of this study indicate that NFT has met the classification of immovable and indivisible movable objects. The provisions of Article 21, Article 98 and 101 Paragraph (1) of the Bankruptcy Law have provided legal certainty to curators and bankrupt creditors that NFT is a bankrupt asset that must be optimized by the curator to pay off the debts of debtors. There are 3 main obstacles by the curator in optimizing bankrupt assets in the form of NFT, in the process of registering NFT as bankrupt assets, the process of determining the best time to sell NFT and the method of selling NFT based on the Bankruptcy Law. Against these obstacles, the Bankruptcy Law and positive law have provided efforts that can be taken by curators in the context of optimizing bankrupt assets.

Evaluation of Reliability Parameters of a Cement Manufacturing Plant by using Supplementary Variable Technique

In particular, Article 40 of Law Number 37 of 2004 concerning Bankruptcy and PKPU regulates that the curator may not take an inheritance during bankruptcy that descends to the bankrupt debtor unless it benefits the bankrupt assets. This piece specifically warns the curator not to become a bankrupt banker by being cautious when collecting the debtor's assets. In reality, it is not unusual for the debtor's heirs to decline to provide security for the seizure of the deceased debtor's assets to be used as collateral for repayment of the debt by the creditor. This refusal increases the weight of losses on unresolved/unsettled receivables for creditors as a result of the debtor's passing. Naturally, this raises issues with the legal elements of warranties and contract law. There are rights and responsibilities that cannot be resolved, and it is still unclear how the heirs of a deceased debtor who still owes money to creditors will be treated. The emphasis of this study is on the distinction between the bankruptcy-related positions of the debtor who receives an inheritance (the debtor) and the debtor who inherits it. The mechanism for listing debtor's assets as bankruptcy assets is the second study's main focus. Keywords: Line Balancing, Moodie Young, Line Efficiency, Balance Delay, Smooth Index

The Role of Curators and Liquidators In Solving Problems Insolvent Limited Liability Company

This study aims to review and analyze the role of curators in insolvency in limited liability companies, as well to review and analyze the role of liquidators in the settlement of assets bankrupt limited liability companies. By using normative legal research methods, which use secondary data based on primary legal sources, secondary legal materials and tertiary legal materials, data collection through literature studies or document studies, as well qualitative analysis. The results showed that the curator's decision in bankruptcy in limited liability company begins in the process of managing and settling bankruptcy assets, starting from the stage management, appointment and appointment qualified curators, settlement bankruptcy assets by the curator, so that from the date bankruptcy statement decision, all executors of the management and settlement of bankruptcy assets are handed over to the curator. After Limited Liability is declared bankrupt, the task of the curator in clearing the assets in Limited Liability is to block assets of a Limited Liability Company. That the role of the liquidator in the settlement assets of a bankrupt limited liability company is that the liquidator has a position in the settlement of the assets of the dissolved company, so that it has the rights, obligations and responsibilities of the liquidator in the settlement of the assets the dissolved limited liability company, the liquidator has responsibility if the liquidation has not ended. The liquidator has a great responsibility from the time dissolution Limited Liability Company to Limited Liability Company legal entity status Limited Liability Company ends

RIGHTS OF BANKRUPT DEBTORS IN THE MANAGEMENT AND SETTLEMENT PROCESS IN ACCORDANCE WITH LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND PKPU

The debtor's rights in the process of settling bankruptcy assets are very weak, where the debtor will lose his rights to control and manage his assets which are included in bankruptcy assets as stipulated in Article 24 Paragraph (1) of the Bankruptcy Law. However, in the event that the debtor is declared bankrupt, the law gives the debtor the right to submit a reconciliation plan, submit a postponement of debt payment obligations and submit an appeal and review, all of which are efforts to protect the rights of the debtor. In the process of settling bankruptcy assets, the legal protection for debtors' rights is quite weak. Because since the pronouncement of the bankruptcy declaration decision by the court, the debtor will lose the right to manage his assets which are included as bankruptcy assets. As a result, the debtor is no longer able to legally act on his assets that are included in the bankruptcy estate, in this case the management of bankruptcy assets becomes the authority of the curator and/or BHP.

Development and Challenges of Using Trademark Rights as Intangible Assets in Bankruptcy Assets in Indonesia

Intellectual property rights in the form of trademarks rights are company assets that have economic value. In its development, trademark rights can become part of the debtor’s bankruptcy estate in a bankruptcy. However, in its implementation there are challenges in the use of trademark rights as bankrupt assets in order to pay off the debts of the bankrupt debtor. This study aims to determine the development of the use of trademark rights as bankrupt assets and analyze the challenges of trademarks execution as assets of bankrupt debtors. This research is a normative legal research using a statutory approach and a conceptual approach. The results showed that a trademark as a type of object, related to the bankruptcy process, is a type of object that can be used as part of assets in the process of paying debts to creditors, because intangible assets that have economic value and trademark rights can be transferred handing over their rights to other parties is part of the bankruptcy estate. The challenges faced in the use of trademark rights as bankrupt assets are related to trademark valuation, protection status and the validity period of trademark protection, as well as related to disputes over trademarks with third parties.

The Existence Of Marriage Joint Property In The Bankruptcy Estate Due To Act Of Actio Pauliana By Curator

The existence of joint assets in bankruptcy assets is related to the acts of actio pauliana proposed by the curator. That there are no adequate legal regulations to provide legal certainty for third parties. Therefore, the formulation of the problem to be examined by the author is as follows: What are the legal consequences of joint property in bankruptcy for the actions of Actio Pauliana proposed by the curator?This research is classified as normative legal research, namely research based on secondary data consisting of secondary legal materials and tertiary legal materials. The approach method used in the analysis is normative juridical method. The results of the study are that it turns out that the legal consequences of joint assets in bankruptcy for the actions of actio pauliana proposed by the curator are the cancellation of the legal actions of the party with whom the legal actions were carried out so that they will result in losses to the parties.