The Meaning Of The Immovable Goods Sale Under The Curator’s Hands

Ivida Dewi Amrih Suci, - and M. Khoidin, - and Herowati Poesoko, - and Dyah Ochtorina Susanti, - and M. Hadi Shubhan, - and Aries Harianto, - and Moch. Ali, - (2019) The Meaning Of The Immovable Goods Sale Under The Curator’s Hands. Journal of Law, Policy and Globalization, 87. pp. 183-191. ISSN 2224-3240

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Official URL: https://iiste.org/Journals/index.php/JLPG/article/...

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
Uncontrolled Keywords: Civil Law and Criminal Law; Bankrupt; Immovable Goods.
Subjects: K Law
Divisions: 03. Fakultas Hukum > Hukum Administrasi
Creators:
CreatorsNIM
Ivida Dewi Amrih Suci, -UNSPECIFIED
M. Khoidin, -UNSPECIFIED
Herowati Poesoko, -UNSPECIFIED
Dyah Ochtorina Susanti, -UNSPECIFIED
M. Hadi Shubhan, -NIDN0006047305
Aries Harianto, -UNSPECIFIED
Moch. Ali, -UNSPECIFIED
Depositing User: Tn Ubay Ubaidillah
Date Deposited: 29 Oct 2020 12:27
Last Modified: 10 Dec 2021 08:13
URI: http://repository.unair.ac.id/id/eprint/100358
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