Execution of Mortgage Object Against Bankruptcy Debtors

DOI

10.2991/assehr.k.211102.170How to use a DOI?

Keywords

Mortgage; Bankrupt; Execution

Abstract

The problems arise when the company is unable to pay its debts to the bank and then the bank submits a legal remedy for bankruptcy which results in the debtor (company) being declared bankrupt. So that in the event the debtor has been declared bankrupt, the curator will carry out the execution process under the power of the supervisory judge. The execution of collateral when the debtor goes bankrupt is related to two main issues, namely, the legal regulations regarding execution and the status of collateral related to the debtor’s bankruptcy. In connection with the legal regulations regarding the execution and status of collateral when a debtor goes bankrupt, it is found that there are two different regulations, namely Law no. 37 of 2004 regarding KPKPU and Law no. 4 of 1996 regarding Mortgage Rights, so that a principle is needed to solve these problems, namely lex specialis derogate legi generalis (Special Laws defeat general laws). Therefore, based on these problems, research is carried out using normative legal research methods, by taking an approach, namely, a statute approach related to execution.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Isdian Anggraeny
AU  - Ana Fauzia
AU  - Fitria Esfandiari
AU  - Nur Putri Hidayah
AU  - Sholahudin Al-Fatih
AU  - Isdiyana Kusuma Ayu
PY  - 2021
DA  - 2021/11/22
TI  - Execution of Mortgage Object Against Bankruptcy Debtors
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 75
EP  - 79
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.170
DO  - 10.2991/assehr.k.211102.170
ID  - Anggraeny2021
ER  -