Greenation International Journal of Law and Social Sciences
Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun

The Legal Status of AYDA in Bankruptcy: Conflicts of Legal Norms and Implications for the Bankruptcy Estate

Chandra Nadhi (Universitas Airlangga, Surabaya, Indonesia.)
M. Hadi Shubhan (Universitas Airlangga, Surabaya, Indonesia.)
Faizal Kurniawan (Universitas Airlangga, Surabaya, Indonesia.)
Qomara Sari (Universitas Airlangga, Surabaya, Indonesia.)
Astrid Athina Indradewi (Universitas Airlangga, Surabaya, Indonesia.)



Article Info

Publish Date
20 Jun 2026

Abstract

This study examines the legal position of collateral in the form of debtor-owned land that has been taken over by a bank through Agunan yang Diambil Alih (AYDA) in bankruptcy proceedings, particularly to determine whether such collateral remains part of the bankruptcy estate after the debtor is declared bankrupt. This research employs a normative legal method using statutory and conceptual approaches. It analyzes regulations related to bankruptcy law and AYDA, including the Banking Law, the Bankruptcy and Suspension of Debt Payment Obligations (PKPU) Law, Financial Services Authority (OJK) regulations, and relevant Supreme Court Circular Letters. The study finds that collateral under AYDA that has been legally transferred to the bank is no longer part of the bankruptcy estate. Conversely, collateral that has not been legally transferred through AYDA remains included in the bankruptcy estate. This study provides legal clarity for banks, curators, and other stakeholders regarding the status of AYDA collateral in bankruptcy proceedings, thereby supporting greater legal certainty and minimizing disputes in practice. This research offers a focused legal analysis on the intersection between AYDA mechanisms and bankruptcy law, an area that remains relatively underexplored, particularly in relation to determining the status of transferred collateral within the bankruptcy estate.

Copyrights © 2026






Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...