Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)

Legal Consequences to the Insuring of Bankrupt Assets Carried Out by Ninikdewi Ningsih Between PT. Samudra Mela Abadi With PT. Bank Uob Indonesia (Example Case of Commercial Court Decision Decision Number: 03/Renvoi Prosedur/2016/PN.Niaga.Sby jo Number: 12/Pailit/2016/PN.Niaga.Sby.)

Authors
Stanilaus Atalim, Fianita Chandra
Corresponding Author
Stanilaus Atalim
Available Online 12 December 2020.
DOI
10.2991/assehr.k.201209.127How to use a DOI?
Keywords
bankruptcy, creditor, debtors
Abstract

In carrying out a business activity, the need for funds is the most important need and must be met by business actors to be able to maintain and develop the continuity of their business activities, so that to overcome these problems is done with a loan that results in debts, if the debtor cannot carry out his obligations namely debt repayment, the debtor can be asked for a bankrupt statement. The research method used is descriptive normative legal research method, secondary and primary data sources as supporting data that are analyzed quantitatively. Based on the decision of the Surabaya Commercial Court Number 03 / Renvoi Procedure / 2016 / PN.Niaga.Sby jo Number: 12 / Bankrupt / 2016 / PN.Niaga.Sby. can be seen that the land and buildings that are pledged by PT. Samudra Mela Abadi as collateral for a credit loan to PT. Bank UOB Indonesia is owned by Ninikdewi Ningsih, which was declared bankrupt before the implementation of this loan. According to Law Number 37 of 2004 concerning Bankruptcy and PKPU Article 24 states that the debtor by law loses his right to act on his property. Therefore, based on the decision, a legal action has been carried out by the bankrupt debtor on its bankrupt assets, the bankrupt debtor has violated Article 24 of the Bankruptcy Law that the debtor has no right to do anything about his assets.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
12 December 2020
ISBN
978-94-6239-294-6
ISSN
2352-5398
DOI
10.2991/assehr.k.201209.127How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Stanilaus Atalim
AU  - Fianita Chandra
PY  - 2020
DA  - 2020/12/12
TI  - Legal Consequences to the Insuring of Bankrupt Assets Carried Out by Ninikdewi Ningsih Between PT. Samudra Mela Abadi With PT. Bank Uob Indonesia (Example Case of Commercial Court Decision Decision Number: 03/Renvoi Prosedur/2016/PN.Niaga.Sby jo Number: 12/Pailit/2016/PN.Niaga.Sby.)
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 810
EP  - 814
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.127
DO  - 10.2991/assehr.k.201209.127
ID  - Atalim2020
ER  -