Yudi KOSASIH, MARYANO, Idzam FAUTANU, FAUZIE YUSUF HASIBUAN
{"title":"GENERAL CONFISCATION OF BANKRUPTCY VS CRIMINAL CONFISCATION IN THE PERSPECTIVE OF LEGAL BENEFIT","authors":"Yudi KOSASIH, MARYANO, Idzam FAUTANU, FAUZIE YUSUF HASIBUAN","doi":"10.52783/rlj.v11i11s.1904","DOIUrl":null,"url":null,"abstract":"This study aims to obtain information regarding general confiscation of bankruptcy Vs criminal confiscation in the perspective of legal benefit and general confiscation of bankruptcy prior to criminal confiscation in the same perspective, namely legal benefit. The research method used is qualitative by conducting a literature study on various sources with themes related to research. The data obtained will then be analyzed in depth so that it is known that general confiscations have the benefit of returning creditor rights as debt repayments according to their proportions. While the benefits of criminal confiscation are to facilitate and speed up the criminal court process for the perpetrator or defendant. It doesn't stop here, if there is a case of two confiscations at the same time, you can prioritize general confiscation so that creditors can immediately receive their rights from bankruptcy assets and stabilize the economy on a small or large scale, but a curator must be able to place the state as the creditor holding the rights. Privilege to always take precedence in fulfilling its obligations.","PeriodicalId":42429,"journal":{"name":"Russian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.52783/rlj.v11i11s.1904","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
This study aims to obtain information regarding general confiscation of bankruptcy Vs criminal confiscation in the perspective of legal benefit and general confiscation of bankruptcy prior to criminal confiscation in the same perspective, namely legal benefit. The research method used is qualitative by conducting a literature study on various sources with themes related to research. The data obtained will then be analyzed in depth so that it is known that general confiscations have the benefit of returning creditor rights as debt repayments according to their proportions. While the benefits of criminal confiscation are to facilitate and speed up the criminal court process for the perpetrator or defendant. It doesn't stop here, if there is a case of two confiscations at the same time, you can prioritize general confiscation so that creditors can immediately receive their rights from bankruptcy assets and stabilize the economy on a small or large scale, but a curator must be able to place the state as the creditor holding the rights. Privilege to always take precedence in fulfilling its obligations.
期刊介绍:
The Russian Law Journal is one of the first academic legal journals in English to be published in Russia. Our goal is to provide scholars worldwide with comparative papers on recent legal developments not only in Russia, but also in Eurasia, other jurisdictions and on the international level. The idea to establish this journal belongs to the following scholars of Moscow State Lomonosov University Law Faculty: Gleb Bogush, Nataliya Bocharova, Dmitry and Anastasia Maleshin and Sergei Tretyakov. We want to bring the Russian academic legal tradition closer to the international environment and make Russian legal scholarship more accessible to other scholars and well-known worldwide.