GENERAL CONFISCATION OF BANKRUPTCY VS CRIMINAL CONFISCATION IN THE PERSPECTIVE OF LEGAL BENEFIT

Q2 Social Sciences

Russian Law Journal Pub Date : 2023-05-29 DOI:10.52783/rlj.v11i11s.1904

Yudi KOSASIH, MARYANO, Idzam FAUTANU, FAUZIE YUSUF HASIBUAN

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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.

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破产一般没收与刑事没收在法律利益上的比较

本研究旨在从法律利益的角度获得破产一般没收与刑事没收以及刑事没收前破产一般没收的信息，即法律利益。所使用的研究方法是定性的，通过对与研究相关的各种来源进行文献研究。然后将对获得的数据进行深入分析，以便知道一般没收的好处是根据其比例将债权作为债务偿还返还。而刑事没收的好处是便利和加快犯罪者或被告的刑事法庭程序。这还不止于此，如果同时发生两次没收的情况，你可以优先考虑一般没收，这样债权人就可以立即从破产资产中获得他们的权利，并在小规模或大规模上稳定经济，但管理人必须能够将国家视为持有权利的债权人。在履行义务时始终享有优先权的特权。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Russian Law Journal LAW-

自引率

0.00%

发文量

审稿时长

5 weeks

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.