KEABSAHAN ASET PRIBADI SEBAGAI AGUNAN KREDIT PERSEROAN TERBATAS YANG MENGALAMI PAILIT

Abstract

PT Internusa Perkasa Teknik (IPT), applied for credit to two BTN Bank branch offices in 2013, over time the agreement underwent changes/addendums. In the addendum, it was stated that as a guarantee for PT.IPT's payment to the Bank, the debtor submitted a cessie to the Bank and also additional collateral in the form of two SHM belonging to the commissioner of PT.IPT. In 2019 PT.IPT was declared PKPU and in 2020 PT.IPT was declared bankrupt. So on the basis of the bankruptcy verdict, the Bank executed on the basis of the agreed addendum agreement. So that a problem arises, namely, 1).  Can personal property be used as collateral for credit applications for limited liability companies that are bankrupt? 2). How is the Judge's consideration in giving a decision on the ownership of personal assets as additional collateral for a limited liability company that is experiencing bankruptcy? The method used in this research is normative juridical. This research uses legal certainty theory, collateral law theory, and bankruptcy law theory. The conclusions of this research are: 1). A property right creates a legal relationship between the object and its legal subject. An object that is used as additional collateral for a debt can be executed according to what was agreed if in the end the main guarantee for the debt is insufficient, plus if the object is bound by Mortgage Rights. 2). There are multiple interpretations of an agreement where the parties have different points of view in interpreting article by article of an agreement, and the parties also have multiple interpretations about the ownership of an object.