Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

Research Article

Suspension of Execution Rights of Warranties by Separate Creditors in Climate

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  • @INPROCEEDINGS{10.4108/eai.3-6-2021.2310833,
        author={Suratman  Suratman and Nurjani  Jalal},
        title={Suspension of Execution Rights of Warranties by Separate Creditors in Climate},
        proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia},
        publisher={EAI},
        proceedings_a={ICEHHA},
        year={2021},
        month={8},
        keywords={suspension of execution rights; separatist creditors; bankruptcy},
        doi={10.4108/eai.3-6-2021.2310833}
    }
    
  • Suratman Suratman
    Nurjani Jalal
    Year: 2021
    Suspension of Execution Rights of Warranties by Separate Creditors in Climate
    ICEHHA
    EAI
    DOI: 10.4108/eai.3-6-2021.2310833
Suratman Suratman1,*, Nurjani Jalal2
  • 1: Faculty of Law, Islamic University of Malang, Indonesia
  • 2: Faculty of Law, Gajah Mada University, Indonesia
*Contact email: suratmanshmh@gmail.com

Abstract

The purpose of this study is to analyze the reasons for the deferment period (stay) of the right to execute collateral against separatist creditors in bankruptcy, and the consequences of a stay period for the execution rights of separatist creditors in bankruptcy based on Law No. Postponement of Debt Payment Obligations. The research method used is juridical normative, with a statute approach and a conceptual approach. Sources of legal materials used consist of primary legal materials, secondary legal materials, and tertiary legal materials. As a result of the existence of a period of suspension (stay) for the execution rights of separatist creditors in bankruptcy, the separated and prioritized position as reflected in Article 55 paragraph (1) of the Bankruptcy Law has changed to a position equivalent to that of a concurrent creditor (Article 56 paragraph (1) The Bankruptcy Law and the loss of execution right for separatist creditors because this right is granted by law to the curator as regulated in (Article 56 paragraph (3) of the Bankruptcy Law). The contribution of research results to scientific development is that it is necessary to strictly regulate the suspension of execution in bankruptcy, so as not to diminish the authority of separatist creditors in exercising their execution rights in bankruptcy and so as not to give the impression of a clash of norms with one another.