Juridical Implications of Bankruptcy on Debtor`s Property as a Business Entity CV

Abstract

Siti Malikhatun Badriyah, Siti Mahmudah, Amiek Soemarmi, Yos Johan Utama.

Bankruptcy has a big impact on people's lives. One of them is the impact on the debtor's property. All objects belonging to the debtor are in general confiscation and the control and settlement cannot be carried out by the debtor but in the hands of the curator. The debtor in this case is the debtor who is a business entity in the form of Commanditaire Vennootschap (CV). This study aims to determine and analyze the juridical implications of debtors' property and legal protection for creditors holding property guarantees in the event of bankruptcy. The research method used is juridical normative by examining legal principles, legal regulations as well as various concepts and theories related to the juridical implications of bankruptcy on debtors' property. The results showed that since the bankruptcy verdict was pronounced by the court, the debtor's assets were in general confiscation as bankruptcy assets. Such objects can no longer be controlled and managed by the bankrupt debtor but are in the hands of the curator under the supervision of the Supervisory Judge. Objects that are the object of material collateral should be executed directly by the creditors, because of the separatist creditor position. The fact shows that the rights of separatist creditors are limited by the automatic stay of 90 days and the sale period of only 2 months. There are arrangements that are not synchronous between legislation and between articles in the same regulation.