Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Case Settlement against General Confiscation Linkages on Bankruptcy with Criminal Confiscation Relating to Debtors Business Continuity (On Going Concern)

Author(s): Vanly Vincent Pakpahan, Mella Ismelina Farma Rahayu, Ariwan Gunadi

Economy growth in Indonesia doesn't always run well. Often times, businessmen's, in this case debtor's financial circumstances is unstable. However, debtor's business continuity should be concerned. By the existence of either general confiscation or criminal confiscation, it becomes a method to carry out confiscation against debtor's assets. But since there is always issue between general confiscation and criminal confiscation which render difficult for each party, in this case a curator and investigator. Because of that, there should be a construction of settlement against general confiscation linkage on bankruptcy and criminal confiscation that is by a legal product as a mediator if general confiscation and criminal confiscation occurred simultaneously in a case or legal issue.

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