Jurnal Hukum Prasada
Vol. 13 No. 2 (2026): Jurnal Hukum Prasada

Third-Party Assets in Bankruptcy Proceedings: The Role of The Trustee in The Settlement Process

Agustinus Widyo Pramono (Airlangga University, Surabaya, Jawa Timur, Indonesia)
Tasaufi Ariefzani (Airlangga University, Surabaya, Jawa Timur, Indonesia)
Hamdallah Alfarizqy Asyraf (Airlangga University, Surabaya, Jawa Timur, Indonesia)
Kristensen Marihot Situmorang (Airlangga University, Surabaya, Jawa Timur, Indonesia)



Article Info

Publish Date
09 Oct 2026

Abstract

This study aims to analyze the presence of third-party assets included in the bankruptcy estate (boedel pailit), particularly in the settlement process carried out by the curator. The research questions in this study consist of the limits of the curator's authority in classifying assets as part of the bankruptcy estate in relation to the presence of third parties, and the legal protection for third parties in guaranteeing their rights during the settlement of the estate. The research method used in this study is normative legal research. The problem approach employed in this study consists of a statutory approach. The sources of legal materials used are primary legal materials consisting of statutory regulations or other written regulations related to the research questions in this study. The next type of legal material used is secondary legal materials consisting of books, journal articles, or other scientific papers relevant to this study. The results of the study successfully analyzed a special legal remedy for the curator to file an action pauliana, in order to release or annul the legal acts between a third party and the bankrupt debtor, if it is known or ought to be known that such acts would harm the creditors. Furthermore, this study can serve as a reference for third parties to guarantee their protection over goods acquired in good faith. The guarantee for third parties can be carried out by filing for a suspension of their property if it is included in the bankruptcy estate, or by pursuing a third-party opposition legal remedy to release their property from the bankruptcy estate.

Copyrights © 2026






Journal Info

Abbrev

prasada

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL HUKUM PRASADA is a peer-reviewed international law journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global ...