Sita Umum Terhadap Objek Perjanjian Pengikatan Jual Beli Lunas Yang Dimasukkan Ke Dalam Boedel Pailit (Studi Putusan No.33PK/Pdt.Sus-Pailit/2021)

Abstract

Bankruptcy law in Indonesia serves primarily as an instrument for ensuring legal certainty, justice, and protection for all parties involved in debt-to-credit relationship. Through the bankruptcy mechanism, the state provides a means for creditors to obtain repayment of their debts when the debtor is no longer able to fulfill their obligations. One consequence of a bankruptcy decision is the implementation of general seizure, in which all of the debtor's assets, both movable and immovable, are immediately placed in the bankruptcy estate and placed under the management of a curator. This provision is contained in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Thesis is descriptive analytical. Descriptive is a research that attempts to describe a particular object that explains a phenomenon or event that occurs in a particular field that is obtained based on existing facts factually and accurately. Descriptive analytical means conducting analysis to the level of description by analyzing and presenting facts systematically so that they can be more easily understood and concluded. The discussion of general seizures and sale and purchase agreements (PPJB) in the context of bankruptcy in Indonesia shows that bankruptcy law has a significant impact on the rights of debtors and third parties, such as buyers who have fulfilled their payment obligations. General seizures serve to protect the interests of creditors by securing all assets of debtors who are bankrupt. However, in certain cases, as described in the Supreme Court decision No. 33PK / pdt.sus- pailit / 2021, the rights of buyers in good faith must be respected, even though the deed of sale and purchase (AJB) has not been signed. This decision confirms that buyers who have paid off and physically control the object have strong legal rights, and the curator's actions in including the assets in the bankruptcy estate are considered invalid.