ASET KEPAILITAN SEBAGAI OBYEK TINDAK PIDANA PENGGELAPAN (STUDI KASUS PT. GRIYA PENA MAS VS PT. BANK CIMB NIAGA)

Abstract

UU No. 37 of year 2004 regarding Bankruptcy and Suspension of Debt payments concerning bankruptcy and all legal consequences. One of them relates to the right of execution and position rather than the creditor who holds the right of collateral property asset of the bankruptcy estate. It turns out in the practice that cause number of problems, as in the case of bankruptcy PT Griya Pena Mas which their assets of the bankruptcy estate in the form of a certificate hotels which has been assuranced to PT. CIMB Niaga. At the time of PT Griya Mas Pena has been declared bankrupt by the commercial court, CIMB Niaga Bank as the separatist creditor did not hand over the particular guarantee to the curator. Therefore, this paper discusses whether CIMB Niaga Bank’s action that did not hand over the bankruptcy estate assets can be categorized as a crime of embezzlement under applicable law in Indonesia. The research method used is the normative juridical which compatible with the characteristics of law. Legal materials used include primary legal materials that bond which is the rules and regulations also secondary legal material law. The results of this research shows that the actions of PT. Bank CIMB Niaga who did not hand over the particular guarantee to the curator guarantee is not fulfilled the elements of fraud offenses which has been written in Article 372 of the Criminal Code and PT. Bank CIMB Niaga holds the particular certificate with encumbrance right legally and not against the law. PT. Bank CIMB Niaga in bankruptcy of the debtors Herry Shio which is PT. Bank CIMB Niaga as the separatist creditor and have the privilege right as it has been written in Article 1134 Civil Code and Article 55 of the Bankruptcy and Suspension of Debt payments concerning bankruptcy and all legal consequences. As a suggestion in this research is that the law Bankruptcy and Suspension of Debt payments concerning bankruptcy and all legal consequences must be revised because there has been overlap contained in Article 55 paragraph (1) with Article 56 paragraph (1) of Bankruptcy and Suspension of Debt payments concerning bankruptcy and all legal consequences.