Theofilus, Theofilus (2023) Kedudukan Asset Perusahaan yang Diletakkan Sita Umum Pailit Yang Dinyatakan Sebagai Barang Sitaan Negara Dalam Sistem Hukum Indonesa (studi Putusan No. 88/pdt-sus-pkpu/2015/pn Niaga Jkt.pst Juncto Putusan No. 92/pid.sus/tpk/2017/pn.jkt.pst). Masters thesis, Universitas Islam Riau.

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Abstract

Bankruptcy is a process in which a debtor who has financial inability to pay his debts is declared bankrupt by a commercial court which has the aim of distributing the debtor's assets to his creditors by conducting a general confiscation of all of the debtor's assets. Bankruptcy General Confiscation is the highest form of confiscation in civil law so other confiscations placed on the general confiscation object of bankruptcy are deleted immediately. however, this becomes ambiguous when it has collided with confiscation in criminal law. Objects that are confiscated due to civil cases or due to bankruptcy may also be confiscated for investigation, prosecution, and trial of criminal cases. As an example of the case that the author raised where Henry Djuhari, who was one of the debtors in a bankruptcy case, was also convicted in a corruption case so some of Henry Djuhari's bankrupt assets were confiscated by the state because of the crime he committed. Based on the description above, the author takes the title of the thesis, namely: "State of Debtor Assets Placed for Bankruptcy General Confiscation Declared As State Confiscated Goods in the Indonesian Legal System (Study of Decision No. 88/Pdt-Sus-PKPU/2015/PN Niaga Jkt . Pst jo Decision No: 92/PID.SUS/TPK/2017/PN.JKT.PST.)”. As for the main issues discussed in this study, first, what is the legal position of company assets that have been declared bankrupt and then used as state confiscation based on an unlawful act, second, how is the settlement of general confiscation of bankrupt assets declared as state confiscation based on the verdict No. 88/Pdt-Sus-PKPU/2015/PN Niaga Jkt.Pst Jo No. 92/PID.SUS/TPK/2017/PN.JKT.PST. to answer the subject matter above the author The method used in this study is a qualitative method. Judging from the type of research, this research was carried out using normative juridical research, while its nature was descriptive. From the results of the discussions carried out, it is known that if there are two contradictory legal rules, the judge must look at the value of justice, expediency, and legal certainty. Therefore, general confiscation carried out by curators provides more benefits and justice for creditors as victims, because they get compensation for losses, whereas criminal seizures do not provide compensation for creditors as well as victims, only punishing perpetrators/debtors. If the state demands compensation for a crime committed by Henry Djuhari, it is carried out by filing other lawsuits in bankruptcy cases to be withdrawn as a party, namely the preferred creditor because they are authorized by law. Through this mechanism, the state and creditors have the same position regarding the distribution of bankruptcy assets so that it fulfills a sense of justice for creditors in bankruptcy.

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