Tinjauan Yuridis Terhadap Praperadilan Tentang Sita Pidana Dan Sita Umum Dalam Kepailitan Yang Terjadi Secara Bersamaan Di Pengadilan Negeri Banyuwangi Studi Kasus Perkara No. 2/PID.PRA/2020/PN Banyuwangi

Adha, Muhammad (2022) Tinjauan Yuridis Terhadap Praperadilan Tentang Sita Pidana Dan Sita Umum Dalam Kepailitan Yang Terjadi Secara Bersamaan Di Pengadilan Negeri Banyuwangi Studi Kasus Perkara No. 2/PID.PRA/2020/PN Banyuwangi. Other thesis, Universitas Islam Riau.

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Abstract

The bankruptcy case of the Arta Srikandi Multi-Business Cooperative is evidence of dualism between the position of criminal confiscation over general confiscation in bankrupt assets and the occurrence of two conflicting legal views that must be tried through Pretrial based on the Banyuwangi District Court Decision Arta Srikandi Multi-Business Cooperative is legally declared bankrupt with all legal consequences. Whereas as of the date of the bankruptcy decision, all assets of KSU Arta Srikandi are in a state of general confiscation, and the authority to control and manage all of their assets lies with the Curator Team, but several letters and documents constitute bankruptcy assets, namely Certificate Number 138/X/2018 for Building Use Rights Certificate No.188/Ketapang Village in the name of Burai and Property Rights Certificate No.00850 located in Grogol Village, Giri sub-district, Banyuwangi district, East Java Province, has been confiscated by Bareskrim Investigators of the East Java Regional Police, this caused the Curator team to take legal action up to cassation to fight the confiscation that had been carried out beforehand. 2020/Pn Byw. The main method in this study aims to find out how to settle criminal confiscations in bankruptcy assets and the position of criminal confiscations against bankruptcy confiscations that occur simultaneously in decision No.2/Pid.Pra/2020/Pn Byw. The research method used by the author in this study is normative by emphasizing the study of legal norms in writing in order to obtain data, while the nature of this research is descriptive. data collection is by way of literature study. The results of the study show that in order to realize legal justice in the judge's decision, legal justice for creditors has been fulfilled which is in accordance with legal morality for creditors where the judge looks more at the purpose or use of the law for society and the location of criminal confiscations above bankruptcy confiscations in this case the judge decides regarding Bankruptcy confiscation confiscated for evidence in a criminal case must be serious in determining the ownership of the confiscated goods, if the bankruptcy property is not proven criminal then it must be returned to the bankruptcy estate in the framework of a general confiscation but if the bankruptcy property is proven that the said assets have elements crime, the assets must be destroyed in order to strictly determine the confiscation of bankrupt assets.

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