LEGAL CERTAINTY ON THE IMPLEMENTATION OF GENERAL FORESTS IN INDONESIAN LAW LEGAL CERTAINTY OF THE IMPLEMENTATION OF GENERAL CONFISCATION OF INSOLVENCY AGAINST CRIMINAL CONFISCATION IN INDONESIAN LAW

Abstract

A court decision declaring a debtor bankrupt results in the debtor by law losing the right to control and manage the assets included in the bankruptcy estate and all of the debtor's assets will automatically be placed under general confiscation. creditors, and all the assets of the bankrupt debtor that have been placed under public confiscation will later be managed by the Curator under the supervision of the Supervisory Judge, but Article 39 Paragraph (2) of the Criminal Procedure Code conflicts with Article 31 Paragraph (2) of the Bankruptcy Law and PKPU, which states that all confiscations that have been carried out are erased and if necessary the Supervisory Judge must order the deletion , so the Author is interested in researching how the legal position of general confiscations for bankruptcy is on objects that are also placed in criminal confiscations, and legal certainty in general confiscations and criminal confiscations in Indonesian law , as well The analysis carried out used the theory of legal protection . The method used in this research is normative legal research which is carried out as an effort to obtain the necessary data related to the problem. The results of the study obtained the legal position of general confiscation for bankruptcy over objects that were also placed under criminal confiscation, namely general confiscation of bankruptcy preceded criminal confiscation because seen from justice the creditor's rights are fulfilled and there is no violation of rights anymore, and in terms of the benefits of the problem of debts and receivables can be resolved as soon as possible and in the fairest way so that the economy will not be disrupted, both on a small scale and on a large scale, while for the State, it can be used as a creditor holding privileges that get priority in the settlement of bankruptcy assets, and legal certainty in general confiscations and criminal confiscations in Indonesian law is where general confiscation which is a legal consequence of a court decision and criminal confiscation which is a legal consequence of a court order decision shows that there should have been an answer to all the problems that occurred as stated in Article 31 paragraph (1) of the Bankruptcy and PKPU, that since the bankruptcy declaration decision was pronounced, all forms of court decisions must be abolished, because basically a court decision can only be canceled with a court decision as well.