The Position Of Land Ownership Certificates In Determining Bankruptcy Budel In Bankruptcy Cases

Abstract

This research discusses the position of LAND OWNERSHIP CERTIFICATES IN DETERMINING BANKRUPTCY BUDEL IN BANKRUPTCY CASES. This research is legal research, using normative (juridical) legal research methods. This legal research uses a statutory approach and a comparative approach. This research was carried out using primary legal materials, namely in the form of statutory regulations and secondary legal materials in the form of law books and legal journals related to the problem under study. The results of this research indicate that the Certificate cannot be used as a benchmark in determining the bankruptcy decision by the curator for land that has been sold to a third party by the bankrupt debtor, the repayment of which was made before the bankruptcy decision was made but the title certificate has not yet been transferred, because in this case , the certificate cannot be used as a benchmark for land ownership and also by making a payment the rights to the land have been transferred and the position of the certificate is only as proof of ownership and not a suggestion of a transfer of rights. The action of a curator who includes land that has been sold to a third party by a bankrupt debtor, the payment of which was made before the bankruptcy decision was made but the title certificate has not yet been transferred, is an act against the law and is invalid.