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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Kusuma Dewi, Inggrid
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Law, Crime, Criminology & Criminal Justice

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Legal Protection of The Executory Rights of Separatist Creditors as Holders of Material Guarantees in Credit Agreements in The State of Bankruptcy Debtors Kusuma Dewi, Inggrid; Muhammad Arifin; Ida Nadirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6253

Abstract

This study examines the legal protection of the executorial rights of separatist creditors as holders of security rights in credit agreements when the debtor is declared bankrupt. As separatist creditors possess preferential rights over certain collateral objects, the implementation of their executorial rights often faces legal and procedural challenges in bankruptcy proceedings. The research analyzes the legal framework provided by Indonesian bankruptcy law, particularly concerning the position and priority rights of secured creditors. It also evaluates judicial practices and obstacles encountered during the execution of collateral. The findings highlight the importance of strengthening legal certainty and protection for secured creditors to ensure the fair enforcement of their rights without undermining the principles of bankruptcy distribution and debtor rehabilitation. Recommendations are proposed to harmonize the execution process with creditor protection mechanisms in insolvency law.
Co-Authors Ida Nadirah MUHAMMAD ARIFIN