Jessica Djaja Putra (2020) Hak Kreditor Atas Obyek Gadai Saham Bilamana Perseroan Terbatas Yang Mengeluarkan Saham Dinyatakan Pailit. Thesis thesis, UNIVERSITAS AIRLANGGA.

	Text (HALAMAN JUDUL) 1. HALAMAN JUDUL.pdf Download (1MB)
	Text (ABSTRAK) 2. ABSTRAK.pdf Download (639kB)
	Text (DAFTAR ISI) 3. DAFTAR ISI.pdf Download (681kB)
	Text (BAB I) 4. BAB I PENDAHULUAN.pdf Download (800kB)
	Text (BAB II) 5. BAB II KEDUDUKAN KREDITOR PEMEGANG GADAI SAHAM BILAMANA PERSEROAN TERBATAS YANG MENGELUARKAN SAHAM DINYATAKAN PAILIT.pdf Restricted to Registered users only until 18 January 2024. Download (990kB) | Request a copy
	Text (BAB III) 6. BAB III UPAYA KREDITOR PEMEGANG GADAI SAHAM BILAMANA PERSEROAN TERBATAS YANG MENGELUARKAN SAHAMD INYATAKAN PAILIT.pdf Restricted to Registered users only until 18 January 2024. Download (889kB) | Request a copy
	Text (BAB IV) 7. BAB IV PENUTUP.pdf Restricted to Registered users only until 18 January 2024. Download (640kB) | Request a copy
	Text (DAFTAR BACAAN) 8. DAFTAR BACAAN.pdf Download (640kB)
	Text (LAMPIRAN) 9. LAMPIRAN.pdf Restricted to Registered users only until 18 January 2024. Download (783kB) | Request a copy
	Text (PERMOHONAN EMBARGO) 10. PERMOHONAN EMBARGO.pdf Restricted to Registered users only Download (427kB) | Request a copy

Abstract

This thesis is entitled THE CREDITOR'S RIGHT TO SHARE OBJECT OF SHARE WHEN THE LIMITED LIABILITY COMPANY ISSUING SHARES DECLARED BANKRUPTCY. With 2 (two) main issues, namely: (1) Position of the creditors holding the share pledge if the Limited Company that issues the shares is declared bankrupt .; and (2) Efforts to creditor shareholders of a share pledge if the Limited Liability Company issues shares is declared bankrupt. This research method uses the Normative Juridical Method, using the Statute Approach and Conceptual Approach which uses primary and secondary legal materials. Based on the results of the study, it was revealed that in a share pledge agreement between the bank as the creditor of the share pledge and the pledge debtor, there was a clause regarding the delivery of the mortgaged shares and the granting of power to exercise the rights owned by the Shareholders as stipulated in Article 52 paragraph ( 1) Limited Liability Company Law to the creditors of the shareholders, until the debtor's debt to the creditors of the pawnholders is paid off. This has the consequence that the creditor of the shareholders is the same as the Shareholder of the Limited Liability Company that issued the mortgaged shares. If a Limited Liability Company which is issued a mortgaged stock is declared bankrupt, then eliminating the economic value of the mortgaged shares and this results in the mortgaged shares being categorized as destroyed. This causes the bank to lose its property rights over the destroyed shares as collateral items. Therefore, the position of the bank as the creditor of the shareholders who initially were the preferred creditors became concurrent creditors. Then there are two forms of legal remedies that can be carried out by creditors who hold a share pledge if the Limited Liability Company that issues the shares is declared bankrupt. First, preventively in the agreement between the creditor of the shareholders and the debtor providing the share pledge must include a clause regarding the replacement of additional collateral to anticipate an event that results in the pledged collateral value being destroyed, one of which is the result of a Limited Liability Company issuing bankrupt shares. Second, repressively if the lien debtor ignores the replacement clause of the additional collateral object as a preventive legal measure, the creditor can execute the principal collateral object. However, if the execution value of the collateral object is insufficient to repay all debtors' debts to the creditor, the creditor can make a default lawsuit either a simple civil suit or a simple lawsuit.

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