Perlindungan Hukum Bagi Kreditor Konkuren Dalam Pembagian Boedel Pailit Ditinjau Dari Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang

Siti Kayla Nadhilah Murod (Universitas Padjadjaran,)

Media Hukum Indonesia (MHI)
Vol 4, No 3 (2026): September 2026

This study aims to examine the position and rights of concurrent creditors in the distribution of the bankruptcy estate and to analyze the forms of legal protection available to them under UUK PKPU. This research employs a normative juridical method with a statutory and literature-based approach. The findings indicate that the position of concurrent creditors during the debt verification process is essentially equal to that of other classes of creditors, but shifts into a residual claim once the bankruptcy estate is distributed, in accordance with the pari passu pro rata parte principle. UUK PKPU further provides preventive legal protection, among others through voting rights in the composition plan and the renvoi procedure for disputed claims, as well as repressive protection through the actio pauliana mechanism. Nevertheless, the effectiveness of such protection in practice remains constrained by limited access to information, procedural costs, and the weak bargaining position of concurrent creditors in composition negotiations, indicating the need for stronger supervision by the supervisory judge and greater professionalism among curators.