International Journal Of Synergi In Law, Criminal And Justice
Vol. 2 No. 1 (2025): SLP-IJSLCJ

LEGAL PROTECTION FOR CREDITORS IN BANKRUPTCY PROCESSES REVIEWED FROM BANKRUPTCY LAW NO. 37 OF 2004

Ihsan Hamdi Armaoyuda Siregar (Unknown)
Bambang Fitrianto (Unknown)



Article Info

Publish Date
15 Jan 2025

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.

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Journal Info

Abbrev

ijslcj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and ...