YURISDIKSI : Jurnal Wacana Hukum dan Sains
Vol. 20 No. 1 (2024): June

Debt Settlement Strategy: Concurrent Creditor Rights And Debtor Asset Security

Agung Wijayanto (Unknown)
Sunny Ummul Firdaus (Unknown)
Heri Hartanto (Unknown)



Article Info

Publish Date
30 Jun 2024

Abstract

This research analyzes debt settlement strategies in fulfilling the rights of concurrent creditors to the debtor's assets used as debt collateral, considering Aristotle's concept of proportional justice. Through a normative juridical approach, this research explores applicable laws and regulations, case studies, and related literature to understand the dispute resolution mechanism between concurrent creditors and preferred creditors. The results show that the main challenge in achieving proportional justice for concurrent creditors arises when the debtor's assets are insufficient to fulfill all debt obligations. Some debt settlement strategies identified include debt restructuring, rescheduling payments, and mediation or arbitration mechanisms. Discussion of the research results highlighted the importance of legal protection for concurrent creditors in debt settlement, which aligns with Aristotle's concept of proportional justice. Policy recommendations include the expansion of the court's authority to handle cases involving conflicting creditor rights. This research is expected to contribute to the development of fairer and more effective policies for concurrent creditors and provide practical guidance for legal practitioners in handling cases involving debtor asset collateral.

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Journal Info

Abbrev

yurisdiksi

Publisher

Subject

Health Professions Law, Crime, Criminology & Criminal Justice

Description

The scope of the articles published in YURISDIKSI Jurnal Wacana Hukum dan Sains deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Medical Law, Law ...