Kedudukan Hukum Kepemilikan Harta Pailit yang Berasal dari PPJB yang Dikonversi Menjadi Saham PT (Studi Putusan Pengadilan Negeri No. 29/Pdt.Sus-GLL/2022/PN.Niaga.Jkt.Pst)

Abstract

A curator is responsible for any mistakes or negligence in the administration and/or settlement of bankrupt assets that result in losses or a reduction in the value of the bankrupt estate. Consequently, the curator assumes control over legal disputes involving the debtor's bankrupt estate, as regulated by Article 26(1) of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. This thesis aims to analyze the legal consequences of transferring rights based on PPJB (Sale and Purchase Binding Agreement) subsequently converted into shares, the legal status of ownership of bankrupt assets derived from such PPJB converted into shares, and the judicial considerations in District Court Decision No.29/Pdt.SUS-GLL/2022/PN.Niaga.Jkt.Pst.This study employs normative legal research focusing on statutory provisions. The normative approach is conducted through statute andcase analysis. Data sources include primary legal materials (written laws enforced by the state), secondary legal materials (legal commentaries), and tertiary legal materials (supplementary resources supporting primary and secondary materials).Data collection techniques involve a library study of legal materials (rechtsmaterialen) and field research through interviews with Commercial Court judges at the Medan District Court,curators, and notaries. The findings conclude that: (1) PPJB should not be convertible into PT shares due to the absence of physical and juridical transfer. (2) The curator represents the bankrupt debtor in all matters related to the administration and settlement of the bankrupt estate, including representing the debtor in lawsuits filed by or against third parties. (3) The judicial considerations in the ruling include ordering the defendant (curator) to exclude the immovable assets, namely two condominium units owned by the plaintiff, from the inventory of the bankrupt estate and all documents associated with theestate, and declaring the curator liable for acts of unlawful conduct (PMH).