Journal of Law, Poliitic and Humanities
Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities

Legal Protection For Creditors Who Hold Credit Rights Where The Sales Value Of The Collateral Is Smaller Than The Debt Of The Bankrupt Debtor Based On Law No. 37 Of 2004 Concerning Bankruptcy And Pkpu

Simanjuntak, Baginta (Unknown)
Nababan, Roida (Unknown)
Habeahan, Besty (Unknown)



Article Info

Publish Date
03 Oct 2025

Abstract

The dynamic growth of business activities in Indonesia has increased debt–credit transactions, which can lead to disputes when debtors fail to meet obligations, particularly in bankruptcy. Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations provides a framework for asset settlement and protection for secured creditors (separatist creditors). However, issues arise when the collateral’s execution value is insufficient to cover the debtor’s total debt, leaving a shortfall unpaid. This study examines the legal protection for separatist creditors in such cases and remedies available when the curator fails to pay the remaining debt. Using a normative juridical method with statutory and conceptual approaches, the research is based on primary, secondary, and tertiary legal materials analyzed qualitatively. The findings show that the Bankruptcy Law does not clearly regulate the procedure for claiming such shortfalls, creating legal uncertainty and inconsistent commercial court practices. The study concludes that the law should be reformed to expressly allow the shortfall to be claimed as a concurrent debt and that the Supreme Court should issue guidelines to ensure consistent interpretation and strengthen legal protection for separatist creditors.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...