ANALISIS YURIDIS KEDUDUKAN SITA UMUM YANG DILAKUKAN KURATOR TERHADAP SITA PIDANA DALAM PEMBERESAN BOEDEL PAILIT

Abstract

Civil Law and Criminal Law are 2 (two) branches of law whose rules often intersect, one of which is regarding the rules of confiscation. Confiscation in the Criminal Law can intersect with General Confiscation in Bankruptcy when an object confiscated is part of the bankruptcy boedel regulated in the PKPU Law. Article 39 paragraph (2) of the Criminal Procedure Code gives legitimacy to investigators to carry out the confiscation of objects that are under general confiscation even though Article 31 paragraph (1) of the PKPU Law states that all determinations of the implementation of the court on the debtor's assets that have started before bankruptcy must be stopped immediately. The main problems in this study are 1) How to apply general confiscation to bankruptcy assets placed in criminal confiscation by investigators? 2) How is the implementation of the curator's authority in the settlement of bankruptcy assets placed in criminal confiscation?. This research is a normative juridicial research with a statutory approach method by examining all related laws and regulations. Based on the research conducted, it was found that the exercise of the authority of curators and investigators over general confiscation of bankruptcy and criminal confiscation is sourced from the applicable laws and regulations so that both have authority. If there is conflict between the two, the position of this criminal confiscation must precede the general seizure of bankruptcy in the public interest because it is only temporary before the property is returned to the Debtor (in this case, the Curators) for settlement.