Review Paper
Year: 2023 | Month: March | Volume: 10 | Issue: 3 | Pages: 334-339
DOI: https://doi.org/10.52403/ijrr.20230338
Problematics of the Heirs’ Position of Inherited Assets in Bankruptcy
Alvin Hamzah Nasution
Department of Law, Universitas Medan Area, Medan Indonesia
ABSTRACT
In particular, Article 40 of Law Number 37 of 2004 concerning Bankruptcy and PKPU regulates that the curator may not take an inheritance during bankruptcy that descends to the bankrupt debtor unless it benefits the bankrupt assets. This piece specifically warns the curator not to become a bankrupt banker by being cautious when collecting the debtor's assets. In reality, it is not unusual for the debtor's heirs to decline to provide security for the seizure of the deceased debtor's assets to be used as collateral for repayment of the debt by the creditor. This refusal increases the weight of losses on unresolved/unsettled receivables for creditors as a result of the debtor's passing. Naturally, this raises issues with the legal elements of warranties and contract law. There are rights and responsibilities that cannot be resolved, and it is still unclear how the heirs of a deceased debtor who still owes money to creditors will be treated. The emphasis of this study is on the distinction between the bankruptcy-related positions of the debtor who receives an inheritance (the debtor) and the debtor who inherits it. The mechanism for listing debtor's assets as bankruptcy assets is the second study's main focus.
Keywords: Line Balancing, Moodie Young, Line Efficiency, Balance Delay, Smooth Index
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