Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal International Journal Of Synergi In Law, Criminal And Justice
Ihsan Hamdi Armaoyuda Siregar
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
LEGAL PROTECTION FOR CREDITORS IN BANKRUPTCY PROCESSES REVIEWED FROM BANKRUPTCY LAW NO. 37 OF 2004 Ihsan Hamdi Armaoyuda Siregar; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.98

Abstract

Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) is a legal framework that regulates bankruptcy procedures in Indonesia, aimed at protecting creditors' rights in cases of debtor failure to fulfill their obligations. However, the existing protection is often inadequate, especially for concurrent creditors who do not have collateral for assets. The focus of this study is to evaluate the effectiveness of UUK-PKPU in protecting creditors, especially in conditions where the debtor's assets are insufficient. The methodology used is a normative legal approach with analysis of related documents and literature. The results of the study indicate that, although bankruptcy is regulated in detail, its implementation has not been effective in providing protection to concurrent creditors. Separatist creditors are given priority through execution rights, while concurrent creditors often lose the opportunity for debt recovery due to limited assets. The actions of debtors who hide assets have also not been dealt with firmly. The research recommendations include changes to the Criminal Code to increase sanctions for criminal acts of bankruptcy, development of credit insurance products, and strengthening the role of curators in auditing shareholders, which aim to create a fairer and more effective bankruptcy system.
Co-Authors Bambang Fitrianto