Legal Protection of Bankrupt Creditors Against Transfer of Management Rights Over Land Owned by Bankrupt Debtors Due to Delay in Extension of Batam Authority's Annual Mandatory Money

Anggra Satria Sitindaon; Alwan  Hadiyanto; Rizki Tri  Anugrah Bhakti

doi:10.56301/awl.v8i1.1634

Anggra Satria Sitindaon Universitas Riau Kepulauan, Indonesia
Alwan Hadiyanto Universitas Riau Kepulauan, Indonesia
Rizki Tri Anugrah Bhakti Universitas Riau Kepulauan, Indonesia

DOI: https://doi.org/10.56301/awl.v8i1.1634

Keywords: Batam Authority Annual Compulsory Fee, Bankruptcy, Management Rights

Abstract

When the soil entered estate bankruptcy, it experienced delays in paying the Batam Authority's Annual Mandatory Fee. The Batam Authority's Annual Mandatory Payment is one of the strongest pieces of evidence indicating that the company has legal ownership over the land. However, the possibility of the land being taken over by the Batam Business Agency is because the Batam Business Agency has the right to do so. However, the conflict of regulations that occurred also resulted in a legal vacuum, leaving a gap in resolving the problem. In this study, several issues are studied, including: How are the regulations regarding assets owned by bankrupt debtors, the rules regarding the transfer of land management rights by the Batam Business Agency, how the legal protection of bankrupt creditors regarding the transfer of land management rights owned by bankrupt debtors due to delays in extending the Batam Authority's annual mandatory money. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. The assets owned by debtors who are declared bankrupt include those that already existed at the time of the bankruptcy decision, as well as those acquired during the bankruptcy process, referred to as estate bankruptcy. The supervisory judge and curator manage the estate in bankruptcy, with the results then distributed according to the previously determined repayment priorities. The transfer of land management rights can be carried out by BP Batam if several conditions are met, namely that the Batam Authority Annual Compulsory Money has not been paid or extended, there is a mismatch in land use, or the land has been given in not cultivated within a specific period. The transfer of management rights can be carried out because BP Batam is the holder of the management rights to the land in Batam. In facing the challenges faced by bankrupt creditors, legal protection is an essential aspect. One way to protect creditors is to strengthen the monitoring mechanism for the transfer of land management rights. Additionally, legal education for creditors needs to be improved so that they understand their rights within the bankruptcy process. Many creditors are not aware that they have the right to file objections to the transfer of management rights carried out by BP Batam. By improving legal understanding, creditors can be more proactive in protecting their rights.

Downloads

Download data is not yet available.

References

Arifin, M. (2022). The Four Main Principles That Become the Pillars of Legal Building National Treaty. De Lega Lata: Jurnal Ilmu Hukum, 7(2), 272–279.
Artanto, T., & Harefa, D. S. (2020). Analisis Komparatif Tentang Penerapan Uang Wajib Tahunan Otorita (Uwto) Dikaitkan Dengan Penerapan Pajak Bumi Dan Bangunan (Pbb) Dalam Kewenangan Hak Pengelolaan (Hpl). PETITA, 2(1), 99–112.
Erwiningsih, W. (2023). Enhancing Legal Certainty in Land Collateral: Bridging Regulatory Gaps, Mitigating Vulnerabilities, and Promoting Credit Access in Indonesia. Croatian International Relations Review, 29(93), 26–49.
Harefa, A. and. (n.d.). Comparative Analysis of the Implementation of the Authority’s Annual Mandatory Fee (UWTO) Linked to the Implementation of Land and Buildding Tax (PBB) in the Authority of Management Rights (HPL).”.
Maniah, M., & Nofrial, R. (2022). Legal Conception of Suspension of Debt Payment Obligations Through Homologation. The 4th Legal Internasional Conference and Studies, 4(4).
Marzuki, P. M. (2005). Legal Research. Jakarta: Prenada Media.
Muladi, A. D., Sulistiyono, A., & Harahap, B. (2018). The principle of mudharabah financing contract on justice in sharia bank. IOSR Journal of Humanities And Social Science (IOSR-JHSS), 23(8), 51–63.
Nova Elena, Aartje Natalia, Chris Anggi Tehupeiory, and I. D. A. W. (2024). Legal Analysis of the Legality of Land Ownership Rights on Rempang Island, Riau Islands. To-Ra Law Journal: Law to Regulate and Protect Society, 10, 3.
Nugroho, S. A., & SH, M. H. (2018). Bankruptcy Law in Indonesia, in theory and practice and the application of the law. Prenadameda Group, Jakarta, 59.
Pamungkas, A. P. (2023). The Role of the Women’s Empowerment and Child Protection Service in Assuring the Rights of Children as Victims of Sexual Intercourse in South Central Timor District. Jurnal Restorasi: Hukum Dan Politik, 1(1), 29-38.
Putri, L. M. (2020). Juridical Review of The Provision of Catering Services In Theory And Practice And Problematic at PT. Well Harvest Winning Alumina Refenery Site Kendawangan, Ketapang Regency, West Kalimantan. Authentica, 3(1), 1–31.
Saputra, R., & Luthviati, R. D. (2020). Institutionalization of the approval principle of majority creditors for bankruptcy decisions in bankruptcy act reform efforts. Journal of Morality and Legal Culture, 1(2), 104–112.
Siburian, H., Sudirman, L., & Syarief, E. (2024). Juridical Analysis Of Land Allocation Agreements Regarding Efforts To Take Over Land By BP Batam. Journal of Law and Policy Transformation, 9(1), 108–123.
Sisilia, S., Respationo, S., Gunawan, M., & Erniyanti, E. (2024). Juridical Analysis of Government Policies on Ownership of Rights to Flats:(Research Study In Kampung Utama, Batam City). International Journal of Social Science and Humanity, 1(3), 107–122.
Soekanto, S. (1986). Introduction to legal research. (Issues 23-24.). UI-Press, Jakarta.
Soekanto, S. (2003). Sri Mamudji, Normative Legal Research. A Brief Overview, PT. Raja Grafindo, Jakarta.
Yani, A., & Widjaja, G. (2011). Business–Bankruptcy Law Series. Jakarta, Raja Grafindo Persada, 55.
Yuldashev, S. O., & Kozyreva, V. P. (2019). Classification and protection of the rights of creditors in bankruptcy cases. Юридичний Вісник. Повітряне і Космічне Право, 2, 146–153.
Zaenuddin, M., Kumorotomo, W., Saleh, S., & Hadna, A. H. (2017). Dualisme kelembagaan antara pemerintah kota dan badan pengusahaan batam serta dampaknya terhadap kinerja perekonomian di kota batam. Journal of Applied Business Administration, 1(2), 219–231.