Aspek yuridis kedudukan kreditor dan eksekusi Boedel pailit menurut UU No. 37 Tahun 2004 (Studi kasus: Putusan No. 073/Pailit/2009/PN.Niaga.Jkt.Pst) = Judicial aspect position of creditors and execution by bankruptcy Boedel Act No. 27 of 2004 (Case study: Putusan 073/Pailit/2009/PN.Niaga.Jkt.Pst)

Oentari, Metta Sari (2017) Aspek yuridis kedudukan kreditor dan eksekusi Boedel pailit menurut UU No. 37 Tahun 2004 (Studi kasus: Putusan No. 073/Pailit/2009/PN.Niaga.Jkt.Pst) = Judicial aspect position of creditors and execution by bankruptcy Boedel Act No. 27 of 2004 (Case study: Putusan 073/Pailit/2009/PN.Niaga.Jkt.Pst). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The development of flats as vertical residential as becoming one of the solutions needs especially in urban housing and settlements, but if the construction is not accompanied with preparation and good management, it will cause the project to fail. It happened at PT. PPS which acts as the developer to build the Palazzo Apartment located at Benyamin Suaeb Street Block A, Kebon Kosong, Kemayoran sub-district, Central Jakarta. Palazzo Apartment construction was not in accordance with what has been agreed, PT. PPS fails to perform its responsibility, build Pallazo Apartment at the right time and apartments also have to meet the permit livable Governor of Jakarta, then making the apartment owners who have made the payment and sign the sale and purchase agreement disappointed and eventually filed for bankruptcy. The owner of the apartment had not yet had deed of sale purchase, but only the sale and purchase agreement, which in this case raises legal issues, whether the creditor can obtain redress in accordance with Act No. 37 of 2004 on Bankruptcy and Suspension of Payment? How boedel execution of bankruptcy against the rights of creditors in case of bankruptcy of PT. Propertindo Pelita Sejahtera (PT. PPS)? The author uses the method of normative research using primary data, secondary and non-law to be analyzed qualitatively, based on an analysis application for a declaration of bankruptcy as a means for creditors to collect their receivables or order the debtor to pay its debts to creditors. But the petition filing for bankruptcy by creditors must meet the requirements for bankruptcy elements as contained in Article 2 Paragraph (1) of Law No. 37 Year 2004 and can be demonstrated simply in accordance with the provisions of Article 8, paragraph (4) Bankruptcy Act. Execution boedel bankruptcy in this case was done by the curator to continue construction Apartment Palazzo. The curator of the action in accordance with Act No. 37 of 2004, which is based on the provisions of Article 104 Paragraph (1) which states that the receiver can continue the debtor's business is declared bankrupt and Article 185 Paragraph (3) of boedel bankruptcy can not be resolved into the curator's decision to take action on the object.

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