Ainur Gufron (2020) Perlindungan Hukum Pembeli Perumahan Dari Pengembang Yang Pailit Atas Disitanya Harta Pailit Dalam Perkara Pidana. Thesis thesis, UNIVERSITAS AIRLANGGA.

	Text (HALAMAN JUDUL) 1. HALAMAN JUDUL.pdf Download (849kB)
	Text (ABSTRAK) 2. ABSTRAK.pdf Download (564kB)
	Text (DAFTAR ISI) 3. DAFTAR ISI.pdf Download (630kB)
	Text (BAB I) 4. BAB I PENDAHULUAN.pdf Download (773kB)
	Text (BAB II) 5. BAB II HAMBATAN YURIDIS PIHAK PENYIDIK ATAU PENUNTUT UMUM DAPAT MENYITA HARTA PENGEMBANG PERUMAHAN YANG PAILIT UNTUK KEPERLUAN PERKARA PIDANA.pdf Restricted to Registered users only until 14 January 2024. Download (851kB) | Request a copy
	Text (BAB III) 6. BAB III PERLINDUNGAN HUKUM ATAS PEMBELI PERUMAHAN DARI PENGEMBANG YANG PAILIT YANG HARTA PAILITNYADISITA PIDANA.pdf Restricted to Registered users only until 14 January 2024. Download (761kB) | Request a copy
	Text (BAB IV) 7. BAB IV PENUTUP.pdf Restricted to Registered users only until 14 January 2024. Download (570kB) | Request a copy
	Text (DAFTAR BACAAN) 8. DAFTAR BACAAN.pdf Download (562kB)
	Text (PERMOHONAN EMBARGO) 9. PERMOHONAN EMBARGO.pdf Restricted to Registered users only Download (256kB) | Request a copy

Abstract

Bankruptcy is a condition when the debitor is unable to make payments on the creditors' debts. Bankruptcy is a court decision which results in the general confiscation of the entire assets of bankrupt debtors, both existing and future ones. The management and acquisition of bankruptcy are carried out by the curator under the supervision of a supervising judge with the main objective of the sale being to pay all debtors' debts proportionately and in accordance with the creditor structure. Criminal law and civil law are two laws that often intersect or intersect, including the case of bankruptcy law when a debtor's assets are confiscated. In carrying out their duties, curators often come face to face with police investigators or prosecutors when dealing with criminal confiscation of part of the debtor's bankruptcy assets. Conflicts between the interests of the police and the Attorney General's Office to carry out criminal confiscation and the interests of curators to conduct general bankruptcy are still common in the field. Article 39 paragraph (1) and paragraph (2) of the Criminal Procedure Code regulates objects that can be confiscated by investigators including objects that are in confiscation due to civil cases or bankruptcy can also be confiscated for the purposes of investigation, prosecution and prosecution of criminal cases while Article 31 Paragraph (2 ) UUK-PKPU which states that all confiscations that have been carried out will be deleted and if needed, the Supervising Judge must order a crossing. The results of this study are that the interests of investigators confiscating goods or assets are to make evidence in the process of investigation or investigation and not to own the goods so that when the criminal matter has been decided by the Panel of Judges who handles the case of confiscated evidence the criminal will be returned to the curator. There is a need for assertiveness in the regulation regarding bankruptcy debtor assets which are simultaneously subject to criminal confiscation. There is a need to regulate the legal protection of housing buyers because in this case the housing buyer can be categorized as a concurrent creditor where the concurrent creditor is the creditor who will get the repayment of his debt at the very last position, and even if there is remaining payment. The relationship between housing developers and consumers of property buyers arises with the sale and purchase agreement and not the accounts receivable debt, so the buyer's position should also be considered to get the money back.

Actions (login required)

View Item