Al-Risalah : Jurnal Imu Syariah dan Hukum
VOLUME 26 NO 1, MAY (2026)

Legal Protection of Secured Creditors over Auction Proceeds of Collateral in Bankruptcy: An Analysis of Supreme Court Decision No. 48K/Pdt.Sus-Pailit/2024

Permatasari, Yofi (Unknown)
C. Adam, Richard (Unknown)



Article Info

Publish Date
04 Apr 2026

Abstract

In the bankruptcy process, preferred creditors and separate creditors experience a unique conflict, with preferred creditors being prioritized in the payment of debts through the bankruptcy estate, while separate creditors have collateral to secure the repayment of their debts.  This study aims to analyze the legal protection of separate creditors over the proceeds from the auction of collateral in bankruptcy based on Supreme Court Decision Number 48K/Pdt.Sus-pailit/2024, which focuses on the conflict of norms that occurred between the Commercial Court”s decision and the Supreme Court Decision. The research method applied is normative law with an approach to applicable legal provisions as well as law books and journals related to the research being studied. The results obtained from this study regarding legal protection for separate creditors are regulated in the applicable law, specifically in Article 55 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which explains that separate creditors receive fulfillment of their receivables before other creditors because the collateral they own is as if there were no bankruptcy. Separate creditors can take legal measures such as filing for cassation or review to protect their rights and interests.

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Journal Info

Abbrev

al_risalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in ...