Journal of Law and Social Politics
Vol. 4 No. 2 (2026): Journal of Law and Social Politics

Legal Protection of Secured Creditors in PKPU Homologation: Balancing Collective Debt Restructuring with Individual Creditor Rights

Jonathan Marpaung (Universitas Indonesia)
Parulian P. Aritonang (Universitas Indonesia)



Article Info

Publish Date
07 Jul 2026

Abstract

Background: In insolvency restructuring under PKPU, a fundamental tension exists between the collectivity principle and the protection of secured creditors’ proprietary rights. The Indonesian Insolvency Law lacks explicit mechanisms such as the best-interest-of-creditors test, adequate protection, or differentiated creditor classification, mechanisms proven effective in comparative legal systems (Germany, Netherlands, United States). Objective: This article examines the legal implications of a homologation decision in Suspension of Debt Payment Obligations (PKPU) on separatist creditors who reject a principal debt reduction. Methods: This research uses a doctrinal legal research methodology, focusing on the examination of norms, principles, legislation, and legal doctrines through interpretation and systematic analysis. Results: The analysis focuses on three issues: (1) the juridical legitimacy of including a principal debt haircut in a homologation decision against non-participating separatist creditors; (2) the tension between the principle of collectivity in PKPU and the principle of consensualism in contract law; and (3) a model of balanced legal protection for separatist creditors within the framework of Indonesian insolvency law. The case studies used are the Homologation Decision of PT Bahtera Niaga Indonesia (Number 408/Pdt.Sus-PKPU/2020/PN.Niaga.Jkt.Pst) and the Supreme Court Judicial Review Decision Number 10 PK/Pdt.Sus-Pailit/2022. Conclusion: Although a homologation decision is normatively binding on all creditors based on the principle of lex specialis under insolvency law, the application of a haircut to separatist creditors is limited by the best-interest-of-creditors test principle and must not result in the separatist creditor receiving a value lower than the realization value of their collateral.

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Journal Info

Abbrev

jlsp

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

Description

The Journal Of Law and Social Politic provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be examined empirically. The Journal Of Law and Social Politic will publish scientific articles in the fields of education, including ...