CD Skripsi

Perlindungan Hukum Bagi Kreditor Terhadap Eksekusi Harta (Boedel) Pailit Yang Dihadapkan Dengan Penyitaan Dalam Tindak Pidana Pencucian Uang

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ABSTRACT
This research discusses legal protection for creditors in the execution of bankrupt boedel assets that are faced with confiscation in the crime of money laundering. In business practice, conflicts often occur between bankruptcy law and criminal law. This research focuses on the analysis of Decision Number 16/Pdt.Sus-Gugatan Lain-Lain/2023/PN. Niaga Jkt. Pst, the case between the curator of PT. Sunprima Nusantara Pembiayaan with the police and prosecutor's office, which shows that although the assets of the bankrupt Boedel should be managed by a curator for the benefit of creditors, the confiscation action carried out in the case of a money laundering crime resulted in losses for creditors. If we look at Article 31 Paragraphs (1) and (2) of the UUK-PKPU which contradicts Article 39 Paragraph (2) of the Criminal Procedure Code, this is where there is an overlap in whose rights should take precedence. Therefore, the research objective of this thesis is firstly, to analyze the legal position of creditors in the execution of bankruptcy cases for confiscation in money laundering criminal cases. Second, to analyze the legal protection of creditors in the execution of bankruptcy cases against confiscation in money laundering criminal cases.
This type of research can be classified as normative research which identifies provisions in Law Number 37 of 2004 concerning Bankruptcy and PKPU as well as the Criminal Procedure Code (KUHAP) which often conflict, creating legal uncertainty for creditors. This research uses secondary data which is divided into primary legal materials, secondary legal materials and tertiary legal materials.
Based on the research results, it can be concluded that First, the Judge's Consideration in Decision Number 16/Pdt. Sus-Gugatan Lain-Lain/2023/PN. Niaga Jkt. Pst. shows that the confiscation carried out by the Police and the Prosecutor's Office can be considered valid, this is seen in favor of the confiscation of criminal cases for the benefit of the state even though the assets are part of the bankruptcy estate. If associated with the theory of the Judge's Consideration, the Judge should consider the interests of all parties involved, including the rights of creditors, to achieve fair and balanced results. Second, Ideally, the general bankruptcy confiscation rules are prioritized over criminal confiscation to provide legal certainty and benefits for creditors who are also victims, because according to the principle of lex posteriori derogate legi priori, the Bankruptcy Law as a newer legal product automatically overrides the confiscation rules in the Criminal Procedure Code. Therefore, synergy is needed between the curator, the supervising judge, and law enforcement officers to ensure the protection of creditor rights and justice in the bankruptcy process. Strengthening the role of the supervising judge in supervising and coordinating the seizure of bankrupt assets is very important to prevent conflicts between general seizure and criminal seizure.
Keywords: Legal protection, Bankruptcy, Confiscation

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2109110352

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM PERDATA BISNIS., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2109110352

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA BISNIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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