KEDUDUKAN SITA EKSEKUSI TERHADAP HARTA PAILIT DALAM HUKUM KEPAILITAN. Analisa Kasus : Penetapan Sita Eksekusi Pengadilan Hubungan Industrial pada Pengadilan Negeri Serang No. 06 Pen.Sita.Eks / 2008 / PHI. Srg. jo. No. 11/G/2008/PHI.Srg

• Main Authors: , Bambang Siswanto Samuel, , Prof. Dr. Nindyo Pramono, S.H., M.S.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/98466/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=54819
• Institution: Universitas Gadjah Mada

Humans are social creatures created by God Almighty to live in a society. However, in developing social relationships, the common friction between their interests within the scope of civil law where a person who feels aggrieved in any dispute can sue the rights to the court. One of the legal instruments which are required by the business community to facilitate the problem of debt is the Bankruptcy Law, so that legal certainty through the development of national laws can be assured. In the bankruptcy law, bankruptcy declaration implies that any determination with respect to the implementation of court rulings against any piece of property that the debtor has commenced before the bankruptcy, must be stopped immediately and since then there is not a decision that could be implemented include or also by holding debtors so determination of the execution of the confiscation of the bankruptcy estate are null and void. Bankruptcy declaration resulted in all the foreclosures that have been done to remove it and if necessary the judge should order the deletion supervisors. So that the position of the petitioner seizes upon the execution of the bankruptcy estate is a creditor that does not include separatist group or class of creditors preferred creditors. Repayment of receivables from their both ends meet by selling or auctions taken part of the bankruptcy estate after creditor�s separatist groups and classes of preferred creditors. The remaining proceeds of the bankruptcy estate were divided according to the size of the accounts receivable balance of the creditors who do not have the right collateral. Based on these results, it is expected the Commercial Court Judge or Judge Bankruptcy Trustees, who examine cases have a better understanding of the Bankruptcy Act No. 37 year 2004 on Bankruptcy and Suspension of Payment, then judge court that issued the determination of the execution of the bankruptcy estate must revoke the determination of the, because if the execution determination is not revoked will complicate bankruptcy proceedings, could result in legal uncertainty.