Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

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 (Unknown)
Muhammad Arifin (Unknown)
Ida Nadirah (Unknown)



Article Info

Publish Date
01 Jun 2025

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.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...