TINJAUAN YURIDIS TERHADAP PENYERTAAN ASET TANAH MILIK PIHAK KETIGA DALAM BOEDEL PAILIT
JURIDICAL REVIEW OF THE INCLUSION OF LAND ASSETS OWNED BY THIRD PARTIES IN THE BANKRUPTCY ESTATE
In making credit loans, a financial institution sometimes requires collateral with the aim of being a guarantor if the debtor cannot fulfill. Debtors in this case sometimes not only use their own assets but also assets that belong to other parties or third parties. When a debtor is declared bankrupt, his assets are confiscated as regulated in Article 1 number 1 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The debtor's assets are included in the bankruptcy estate, and it is not uncommon for assets used by the debtor to also be included in the bankruptcy estate such as third party assets used as collateral. This occurs because there are still differences in understanding regarding the limitations of debtor wealth. This study aims to understand the provisions governing the inclusion of third party assets into bankruptcy assets and the legal consequences related to these issues for the parties, especially third parties and creditors holding property security. The research method used in this research is normative legal research using statutory and conceptual approaches. The results of this study indicate that assets owned by third parties basically cannot be included in bankruptcy assets, this is because these assets are not in the control of the debtor as regulated in Article 21 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. This is supported by the recording of assets owned by the debtor in the company's articles of association and financial statements, where there are also records of debts and assets used as collateral in these reports. The legal consequences of the inclusion of third party assets in the bankruptcy estate result in third parties losing their rights to manage and control these assets. In addition, secured creditors are also affected by the inclusion, where they may lose their priority rights and their creditor status changes.
Keywords: Bankruptcy, Bankruptcy Estate, Third Parties