Suci, Ivida Dewi Amrih and M, Khoidin and Poesoko, Sunarya Rahardja and Susanti, Puji and M, Hadi SHubhan and Harianto, Aries and Ali, Moch (2019) THE MEANING OF THE IMMOVABLE GOODS SALE UNDER THE CURATOR’S HANDS. Journal of Law, Policy and Globalization, 87. ISSN 2224-3240
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Abstract
The verdict of bankruptcy statements against debtors change the legal status of a person to be incapable of
carrying out legal actions. All arrangements and settlement of bankrupt debtor assets are carried out by the
curator. One way of selling bankrupt assets is by selling under the hands of the curator with the permission of the
supervisory judge. However, the Law does not explain what is meant by types of objects, especially immovable
objects and the sale process under the hands of the supervisory judge's permission clearly and firmly. For these
factds, this study aims at analyzing and finding the meaning of immovable objects sale under the hands of the
curator. For this analysis, it uses such approaches as statute approach, conseptual approach, and case approach.
The research result found out the concept that the immovable objects according to the type in guarantee law
can be qualified as land. The sale of immovable objects on bankrupt assets under the hands of the curator if the
ownership rights in the debtor's name only require the supervisor's permission. However, if the bankrupt assets
which ownership rights are in the name of a third party, the supervisory judge's permission is used to submit a
request to the Commercial Court to determine the authority of the curator to sell immovable objects under the
hand. The curator is responsible for errors and / or negligence in carrying out the management duties and / or
settelement that causes losses to bankrupt assets, both in civil law and criminal law.
Item Type: | Article |
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Subjects: | 300 – Ilmu Sosial > 340 Ilmu hukum > 340 Ilmu hukum |
Depositing User: | Unnamed user with email administrator@janabadra.ac.id |
Date Deposited: | 27 Sep 2024 03:21 |
Last Modified: | 27 Sep 2024 03:21 |
URI: | https://repository.janabadra.ac.id/id/eprint/17 |