Perlindungan hukum kreditor yang memegang hak tanggungan dalam kepailitan DOI : 10.26905/idjch.v13i1.7438

Jurnal Cakrawala Hukum

article

Mukhamad Khabib Risvian¹  Hanif Nur Widhiyanti¹  Reka Dewantara¹ 

[1] Fakultas Hukum Universitas Brawijaya;Jl. MT. Haryono No. 169;Malang;Jawa Timur

关键词: Bankruptcy;    Mortgage;    Time limit.;   

DOI  :  10.26905/idjch.v13i1.7438

学科分类：社会科学、人文和艺术（综合）

来源: University Merdeka Malang

【 摘 要 】

The purpose of this paper is to overcome future problems, Law No. 4 of 1996 concerning Mortgage on Land and Objects Related to Land and Law No. 37 of 2004 concerning Bankruptcy and Postponement of Obligation to Pay Debts. Preventive and Repressive Legal Protection actions, however, a problem or conflict of law arises which regulates the time limit which is the source of problems between the Mortgage Law and the Bankruptcy Law, thus confusing stakeholders. The Bankruptcy Law provides a time limit of 2 months or 90 (days) after the bankruptcy decision is given and must be given to the Curator. but it is felt that it does not provide sufficient time for the Creditor of the Mortgage Holder. Because the creditor rights holders have protected their rights by the Mortgage Law which is written in article 21 of the Mortgage Law. Within 2 months, it does not mean that the creditor has to complete the execution, but within that period the creditor has started the execution process. due to the process that must be passed by the Mortgage Holder to sell the Mortgage Object.

【 授权许可】

CC BY