Journal of Law, Poliitic and Humanities
Vol. 6 No. 5 (2026): Journal of Law, Politic and Humanities (JLPH)

The Validity of Receivables Transfer (Cessie) After A Bankruptcy Declaration (A Case Study of The Curator Team of PT Perinco Graha Lestari V. PT Bank DBS Indonesia)

Habib Akbar (Universitas Andalas)
Busyra Azheri (Universitas Andalas)
Misnar Syam (Universitas Andalas)



Article Info

Publish Date
02 Jul 2026

Abstract

This study examines the validity of debt transfer (cessie) conducted by a secured creditor after a bankruptcy declaration through the dispute involving the Curator Team of PT Perinco Graha Lestari against PT Bank DBS Indonesia and the assignee of the transferred receivables. The legal issue arises because, after the debtor is declared bankrupt, all assets of the debtor become subject to a general confiscation under the administration of the curator, while secured creditors still retain rights over the collateral attached to their receivables. This study aims to analyze the validity of cessie after a bankruptcy declaration and to examine the disparity in judicial considerations at the Commercial Court, Cassation, and Judicial Review levels. The research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials were collected through library research consisting of legislation, court decisions, and legal literature related to bankruptcy and cessie. The results show that the transfer of receivables by secured creditors after a bankruptcy declaration cannot be assessed solely under civil law provisions, but must also consider the principle of general confiscation and the curator’s authority under the Bankruptcy and Suspension of Debt Payment Obligations Law. The differing judicial considerations between the Commercial Court and the Supreme Court reflect variations in legal reasoning regarding the position of cessie after bankruptcy within the Indonesian bankruptcy system, which may affect legal certainty in its application.

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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 ...