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Author	Assoc Prof Sonyendah Retnaningsih
Organisation/Institution	Universitas Indonesia, Faculty of Law
Country	INDONESIA
Panel	Bankruptcy
Title	THE POSITION OF GENERAL SEIZURE IN BANKRUPTCY VERSUS EXECUTORY SEIZURE IN CIVIL DISPUTES FROM THE PERSPECTIVE OF THE PRINCIPLE OF INTEGRATION IN BANKRUPTCY LAW IN INDONESIA
Abstract	Bankruptcy covers all of the debtor's assets at the time the bankruptcy ruling is pronounced, including those acquired during the bankruptcy proceedings (Article 21 of the Bankruptcy and PKPU Law). Bankruptcy is a general seizure on all of the bankrupt debtor's assets, so therefore the administration and settlement is carried out by a curator under the supervision of a supervisory judge. The scope of general seizure in bankruptcy includes assets at the time the debtor is declared bankrupt and includes assets acquired by the debtor at a later date. Civil lawsuits filed against the debtor in a claim for rights to bankrupt assets are automatically dismissed (Article 29 of the Bankruptcy and PKPU Law), because the principle of integration results in the suspension of execution seizure and only general seizure in bankruptcy takes precedence. In addition, seizure on the debtor's assets is subject to the principle of lex specialis derogat lex generalis, whereby the debtor's bankrupt assets will be included in the general seizure of the bankrupt estate. Furthermore, based on Article 31 paragraph (1) of the Bankruptcy and PKPU Law, all seizures imposed on the debtor's assets that were carried out before the debtor was declared bankrupt, including those since the declaration of bankruptcy, even if ordering the debtor to pay a penalty (dwangsom), cannot be enforced. Articles 197 HIR and 208 RBg no longer apply to this provision. Thus, it is necessary to examine the position of general seizure in bankruptcy when, at the same time, there is also an execution seizure on the assets of the bankrupt debtor. The type of research used is doctrinal research, using secondary data, through qualitative data collection methods and a prescriptive approach, and the research results will be presented in the form of descriptive analysis.
Biography	First author Assoc. Prof. Dr. H. Sonyendah Retnaningsih, S.H., M.H. is a permanent lecturer and Associate Professor at The Faculty of Law, University of Indonesia. She is an expert in Civil Procedural Law, Administrative Procedural Law, Bankruptcy Law, she often give her affidavit and statement in court as Legal Expert for case related to Civil Procedural Law, Administrative Procedural Law, Bankruptcy Law. She also practice as a lawyer since 2016 in Indonesia. Second author is Muhammad Rizqi Alfarizi Ramadhan, S.H., LL.M. a Doctor Candidate at Faculty of Law, University of Malaya. He is currently a PhD student at UM, he also a permanent lecturer at Sekolah Tinggi Ilmu Hukum Adhyaksa (Adhyaksa School of Law, a Law School under the Attorney General of Republic Indonesia). Third author is Meurina Desthabu a undergraduate student from the Veteran National Development University Jakarta, she is a final year student.