Open AccessKEDUDUKAN KREDITUR SEPARATIS SETELAH ADANYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013
Author(s) -
Meliawati Meliawati
Publication year - 2019
Publication title -
jurnal magister hukum argumentum/jurnal magister hukum argumentum
Language(s) - English
Resource type - Journals
eISSN - 2715-7709
pISSN - 2528-4584
DOI - 10.24123/argu.v6i1.1861
Subject(s) - creditor , accounts receivable , collateral , fiduciary , paragraph , business , cash , collateral damage , law , law and economics , economics , political science , debt , accounting , finance , duty , sociology , criminology
The existence of various regulations made resulted in many types of special receivables. This then becomes uncertain if there is a conflict between the special receivables. Because there is no specific provision that can be used as a solution. There is no norm that can be used as a legal basis. In Article 95 paragraph (4) of Law Number 13 of 2003 concerning employment, special privileges are raised for which repayment must take precedence, namely the wages of workers / laborers. This regulation collides with special receivables arising from accounts receivable which are guaranteed by collateral rights such as mortgage, mortgage, mortgage, or fiduciary rights. Between one law does not synergize with other laws. On the one hand the wages of unpaid workers are accounts receivable which must be prioritized, and on the other hand the creditor of the collateral rights holder is a creditor who can take repayment of his receivables in advance of other creditors.