Student Journal of International Law
Vol 3, No 2: December 2023

THE APPLICATION OF CROSS-BORDER INSOLVENCY BANKRUPTCY IN THE EXECUTION OF DEBTOR'S ASSETS IN INDONESIA: A COMPREHENSIVE ANALYSIS

Ani Sairufah (Syiah Kuala University)
Azhari Yahya (Unknown)



Article Info

Publish Date
19 Dec 2023

Abstract

Cross-border insolvency is regulated by Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Obligations for Payment of Debt (UUK-PKPU) in Indonesia. This law applies to situations where foreign parties are involved and the case extends beyond national and regional borders. The focus of this article is to examine the treatment of assets located abroad. Indonesia follows the territoriality principle, which means that the debtor's assets in foreign jurisdictions cannot be transferred to other countries unless bankruptcy decisions made by those countries are recognized. This study adopts a normative juridical research method to gather relevant materials such as concepts, theories, laws, and regulations pertaining to the subject matter. Due to the varying rules in each jurisdiction, it is challenging to determine the status of assets located in foreign countries. The key issue lies in whether domestic bankruptcy decisions are acknowledged and enforced in other jurisdictions, and vice versa. In conclusion, Indonesia should consider revising its cross-border bankruptcy laws and entering into international agreements or conventions to address these challenges effectively.

Copyrights © 2023






Journal Info

Abbrev

SJIL

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

We are interested in topics relating to domestic and international legal issues. it accepts articles relating to Civil Law, Criminal Law, Civil Procedural Law,Criminal Justice Process, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian ...