Aida Ardini
Fakultas Hukum, Universitas Prima Indonesia

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Juridical Review of Investment Legal Protection in Guarantee Debt Disputes and Its Implications for Strategic Investment Policy (Study of Supreme Court Decision No. 2511 K/Pdt/2025) Hauralia Ataya Putri; Aida Ardini; Rodiatun Adawiyah; Muhammad Arif Promises
Jurnal Ilmu Hukum Reusam Vol 14 No 1 (2026): REUSAM: Jurnal Ilmu Hukum - Mei 2026
Publisher : LPPM Universitas Malikussaleh

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Abstract

This study aims to analyze the legal protection of investors in debt-collateral disputes, examine the legal considerations of judges in assessing the validity and binding force of agreements, and identify the implications of decisions on strategic investment policies in Indonesia. The research method used is normative legal research with a legislative approach and a case approach, especially through the analysis of the Supreme Court Decision Number 2511 K/Pdt/2025. The results of the study show that legal protection for investors in debt-collateral disputes is still dominated by the principle of legal certainty through the application of the principle of pacta sunt servanda. The judge considered that the debt settlement agreement that had met the legal requirements was still binding on the parties, including the new management, despite the change in the company's structure. The judge's legal considerations also emphasized that corporate responsibility remains attached to the legal entity, so that the company's obligations are not erased due to the change of management. The implications of this ruling show that although legal certainty is guaranteed, protection for investors is still not optimal, especially in the context of corporate takeovers. Therefore, it is necessary to strengthen regulations and apply the principle of prudence in investment activities to create a balance between legal certainty and investor protection.