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Normal
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false
false
false
IN
KO
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table.MsoNormalTable
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mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-parent:"";
mso-padding-alt:0cm 5.4pt 0cm 5.4pt;
mso-para-margin-top:0cm;
mso-para-margin-right:0cm;
mso-para-margin-bottom:10.0pt;
mso-para-margin-left:0cm;
line-height:115%;
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mso-hansi-font-family:Calibri;
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mso-bidi-theme-font:minor-bidi;
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<![endif]-->
This research aims to analyze the legal consequences
arising from the conflict between bankruptcy law norms and criminal procedure
law regarding the confiscation of assets in corruption cases, and analyze the
arrangements for confiscation of assets in cases of criminal acts of corruption
in the future in order to prevent conflicts between bankruptcy law norms and
procedural law criminal.This
research is normative legal research using secondary data in the form of
primary legal materials, secondary legal materials and tertiary legal materials
which are analyzed using qualitative methods.This research conveys two conclusions.
First, the legal consequences of a conflict between the norms of criminal
procedure law and bankruptcy law regarding assets confiscated as a result of a
criminal act of corruption are the existence of legal uncertainty for the
Curator with the delay or inability to carry out the settlement of the bankrupt
debtor's assets, and the creditor's authority to sell the bankrupt debtor's
assets. in order to settle the debt, it will disappear or at least reduce the
settlement of the receivables, both for the benefit of non-separatist creditors
and preferred creditors, because they have to wait first for the criminal case
to be completed. Second, in order to avoid conflicts between criminal
procedural law norms and bankruptcy law in the future in terms of regulating
the confiscation of assets from the proceeds of criminal acts of corruption, it
is necessary to harmonize legal norms horizontally through the principle of lex
specialis derogat legi generali, where general confiscations can override
confiscations. criminal. The state, as a party that has an interest in assets
confiscated as a result of criminal acts of corruption, can be positioned as a
creditor holding special rights that has priority in the bankruptcy estate.">
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</xml><![endif]--><!--[if gte mso 9]><xml>
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0
false
false
false
IN
KO
X-NONE
</xml><![endif]--><!--[if gte mso 9]><xml>
</xml><![endif]--><!--[if gte mso 10]>
<style>
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:"Table Normal";
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-parent:"";
mso-padding-alt:0cm 5.4pt 0cm 5.4pt;
mso-para-margin-top:0cm;
mso-para-margin-right:0cm;
mso-para-margin-bottom:10.0pt;
mso-para-margin-left:0cm;
line-height:115%;
mso-pagination:widow-orphan;
font-size:11.0pt;
font-family:"Calibri",sans-serif;
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-bidi-font-family:"Times New Roman";
mso-bidi-theme-font:minor-bidi;
mso-ansi-language:IN;
mso-fareast-language:KO;}
</style>
<![endif]-->
This research aims to analyze the legal consequences
arising from the conflict between bankruptcy law norms and criminal procedure
law regarding the confiscation of assets in corruption cases, and analyze the
arrangements for confiscation of assets in cases of criminal acts of corruption
in the future in order to prevent conflicts between bankruptcy law norms and
procedural law criminal.This
research is normative legal research using secondary data in the form of
primary legal materials, secondary legal materials and tertiary legal materials
which are analyzed using qualitative methods.This research conveys two conclusions.
First, the legal consequences of a conflict between the norms of criminal
procedure law and bankruptcy law regarding assets confiscated as a result of a
criminal act of corruption are the existence of legal uncertainty for the
Curator with the delay or inability to carry out the settlement of the bankrupt
debtor's assets, and the creditor's authority to sell the bankrupt debtor's
assets. in order to settle the debt, it will disappear or at least reduce the
settlement of the receivables, both for the benefit of non-separatist creditors
and preferred creditors, because they have to wait first for the criminal case
to be completed. Second, in order to avoid conflicts between criminal
procedural law norms and bankruptcy law in the future in terms of regulating
the confiscation of assets from the proceeds of criminal acts of corruption, it
is necessary to harmonize legal norms horizontally through the principle of lex
specialis derogat legi generali, where general confiscations can override
confiscations. criminal. The state, as a party that has an interest in assets
confiscated as a result of criminal acts of corruption, can be positioned as a
creditor holding special rights that has priority in the bankruptcy estate.">
