KEDUDUKAN HUKUM KREDITUR YANG TIDAK TERVERIFIKASI DALAM UNDANG-UNDANG KEPAILITAN

Abstract

implementation of settlement in the bankruptcy process is not uncommon there are creditors with or unintentionally not exercising their right to collect at the time The debtor is declared bankrupt by the Commercial Court, the creditor is the holder the original document (certificate) belonging to the Bankrupt Debtor, to which the document was submitted by the bankrupt debtor when borrowing funds or capital to creditors through an oral agreement, while the certificate is under the control of the creditor is part of the Bankruptcy Assets and creditors do not register receivables with Curator for the debtor's bankrupt debt. Regarding this issue, what kind of mechanism which can be used in bankruptcy against these creditors as well as against actions of creditors who with or unintentionally fail to register their receivables. Law No. 37 of 2004 concerning Bankruptcy and PKPU did not mention explicitly regarding other creditors who own or control good objects in the form of documents and valuables which also have receivables from The debtor is bankrupt but the provisions of Article 61 of Law no. 37 of 2004 about Bankruptcy and PKPU stated that "Creditors who have the right to hold objects belonging to the Debtor, do not lose their rights because there is a declaration bankrupt. Based on the provisions of Article 115 paragraph (1) which make it mandatory for each creditors to register their receivables with the curator by using the same mechanism regulated in Law No. 37 of 2004 Bankruptcy and PKPU and term The time for filing a bill is specified in Article 113 of Law No. 37 Bankruptcy and PKPU.