Legal Standing of Criminal Confiscation Against General Confiscation Based on Indonesian Bankruptcy Procedural Law Ramadhana Anindyajati Bachry
Faculty of Law, Universitas Trisakti
Abstract
Formulation of the problem in this study is what is the legal standing of the Criminal Confiscation against the General Confiscation in bankruptcy? And what is the Criminal Confiscation mechanism in the aspect of evidenciary based on the Indonesian Bankruptcy Procedural Law? As well as and what is the position of the Creditors, whether Separatist, Preferential, or Concurrent, in relation to the fulfillment of their respective rights to bankruptcy, if a Criminal Confiscation occurs on the same debtor? While the aim of the research is to find out whether General Confiscation or Criminal Confiscation will ideally take precedence, if a legal subject is currently in bankruptcy or status, but is also experiencing Confiscation in the context of Criminal Procedural Law, and to describe how the Criminal Confiscation mechanism is in the aspect of evidence based on bankruptcy procedural law, as well as to understand how the position of the Creditors, whether Separatist, Preferential, or Concurrent, relates to the fulfillment of their respective rights to bankrupt boedel, if a Criminal Confiscation occurs on the same debtor. The benefit of this research is to add to the body of knowledge in the field of Bankruptcy and Procedural Law and provide input for lecture material related to Bankruptcy Procedural Law. The research method used is doctrinal with the approach taken in this research is the Statute Approach and the Conceptual Approach. The statutory approach is aimed at examining statutory rules that establish norms that are considered included in the category of open-character laws that have been subject to constitutional review. The conceptual approach departs from the views and doctrines that have developed in the science of law. By studying the views and doctrines in the science of law, researchers will find ideas that give rise to legal notions, legal concepts, and legal principles relevant to the issue at hand. Understanding of these views and doctrines is a backbone for researchers in building a legal argument in solving the issues at hand. Thus, this research is included in normative research which is defined as scientific activity based on methods, systematics and certain thoughts that aim to study one or certain legal symptoms by analyzing them. In addition, an in-depth examination of these legal facts was also carried out which was followed up with efforts to solve the problems arising from these symptoms.
Keywords: Bankruptcy, General Confiscation, Criminal Confiscation
