Kedudukan kreditor pemegang hak tanggungan dalam kepailitan debitornya :: Studi kasus Putusan Kepailitan Nomor: 03/PAILIT/2004/PN.NIAGA.Smg

JANUATI, Tri Megasuri, Mustafa, SH.,MS

2005 | Tesis | S2 Ilmu Hukum (Magister Kenotariatan)

The research aims to analyse settlement of bad credit and type of execution for fiducia security of reserved object carried out by PT. Bank Rakyat Indonesia (Persero) Tbk Jogjakarta Branch to settle a bad credit. The research is empirical and uses both primary and secondary data. Samples are selected based on the non-random sampling method, which means that not all population is treated equal as sample. Sample collection uses the purposive sampling technique, which means that subject selection is not based on strata, random or area but based on a specific purpose. The research results reveal that PT. Bank Rakyat Indonesia (Persero) Tbk Jogjakarta Branch carries out the settlement of bad credit in two forms: Securing a bad credit and execution. Securing credit is taken to secure a bad credit by restructuring based on the decree of the Directors of the Bank of Indonesia No. 31/150/KEP/DIR dated 12 November 1998. Bad debt restructuring is performed by adding credit facility or prolonging the credit term. Execution is done as the last step for bad credit settlement. In doing the execution to settle bad credit, PT. Bank Rakyat Indonesia (Persero) Tbk Jogjakarta Branch prefers selling the object of fiducia security in under –handed and free manner to executing it through the Office of Loan and State Auction Servise (KP2LN). Based on the analysis result, securing a bad credit through restructuring is intended to avoid bad credit that will cause loss and damage to PT. Bank Rakyat Indonesia (Persero) Tbk Jogjakarta Branch. Restructuring is adopted based on a reassessment of feasibility toward the debtor who has good will while his business is likely to survive. PT. Bank Rakyat Indonesia (Persero) Tbk Jogjakarta Branch chooses execution through under-handed and free selling for the sake of effectiveness and to avoid complicated procedures, long time, and high cost when the selling is conducted by the Office of Loan and State Auction Service (KP2LN).

A study on The Position of Mortgage Holder Creditor In the Debtor’s Bankruptcy ( A case Study on Bankruptcy Verdict No. 03/PAILIT/2004/PN.NIAGA.Smg) is a juridis normative study. The study aimed tio find out legal protection for the position of Mortgage holder creditor in case the debtor is claimed bankrupt. The data used in the study were primary data and secondary data. The data gathered by using library and the field study. Document study used in the library study, whereas interview with interview guidelines used in the field study. The study took place in Court of Commerce and Probate Court in Semarang. The respondents of the study were Mortgage holder creditor and Probate Court as the respondents of the study were Mortgage holder creditor and probate court as the curator. Source persons in this study were Court of Commerce’s judge, Supervisor Judge and Law expert. The study prevailed that the Mortgage holder creditor as a separate creditor has not gained full legal protection yet. This could be seen from the deferment of execution period. Although Bankruptcy Act had given the creditor a chance to elevate the deferment period, the Mortgage holder creditor still had to wait for some time, that is to purpose deferment period revication, which resulting the cancellation of the execution. Revocation period also brought some disadvanteges to Danamon Bank as the Morgage holder creditor, because the sitoation could possibly cause a decrease in the value of the warranty would be larger and the payment of the interest from the debtor’s debt would increase, so it led to anxiety that the amount from the selling of the warranty would not be able to pay off the debt of the debtor.

Kata Kunci : Kepailitan,Hak Tanggungan, Bankruptcy, The Position of Mortgage Holder Creditor