KEDUDUKAN HUKUM KREDITUR SEPARATIS ATAS BENDA JAMINAN HAK ATAS TANAH DEBITUR PAILIT

Abstract

ABSTRACT The debtor's bankruptcy is the debtor who has been declared bankrupt by a court decision. Construction fiduciary based jurisprudence is the delivery of trust property rights. The realm of jurisprudence delivery of this material known as constitum possessorium, which is a form submission where the goods delivered are allowed to remain in the possession of the party submitting. The formulation of the issues raised are (1) how creditors rights under the law guarantees and bankruptcy law? (2) How is the legal effect of the suspension of the execution of the object guarantee land rights for the secure creditor? Issues to be discussed will be assessed from the viewpoint of normative, normative legal research is legal research that examines the written laws of the various aspects, namely the theory, history, philosophy, comparative, structure, and composition, scope and content, consistency general description and article after chapter, formality and binding provisions of a law, as well as the legal language used. The results showed, that the right of creditors under the law guarantees and bankruptcy law that authorized the secure creditor rights holders collateral (especially the security rights and the rights of fiduciary) which has been granted by the Law of Guarantees (Article 15 in conjunction with Article 21 of the Act Mortgage and Article 14 in conjunction with Clause 27 Paragraph (3) of the Law Fiduciary) that can execute their rights without being affected by the bankruptcy, so it can be understood that the authority of the creditors separatists have been taken arbitrarily in bankruptcy law (Article 56 Paragraph (1) and Article 59 of Law No. 37 of 2004 on Bankruptcy and Suspension of Payment) and the authority of the separatist creditors replaced by a curator. The legal consequences suspension of execution on bankruptcy law also raises symbolize different things to the position and authority of the creditors rights separatists, which was originally a higher position than other creditors, having rights were separated and the right of precedence, with the postponement of the execution, then the position and authority of the secure creditor to be on par with unsecured creditors and authority replaced by a curator. Keywords: Creditors Separatists, Objects Security, Debtor Bankrup