Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 25 No. 2 (2026): Vol. 25 No. 2 (2026): Pena Justisia

Reconstructing Legal Protection for Bankruptcy Trustees against Bad-Faith Debtors: A Human Rights Perspective

Bonang, Rio (Unknown)
Gunadi, Ariawan (Unknown)



Article Info

Publish Date
22 Oct 2026

Abstract

The increasing criminalization of bankruptcy curators by bad faith debtors exposes a normative gap in Indonesian bankruptcy law concerning legal protection for curators performing court-mandated duties. This study aims to examine the existing legal framework governing curator protection under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations from a human rights perspective and to formulate a human rights-based normative reconstruction. This research employs normative legal research using statutory and conceptual approaches. The analysis is based on primary legal materials, secondary legal literature, and relevant non-legal materials, and is conducted through a prescriptive legal analysis. The findings reveal that the current legal framework emphasizes the authority and liability of curators but lacks preventive legal safeguards against abusive criminal proceedings. Therefore, the study proposes reconstructing the legal framework by incorporating qualified functional immunity, preventive screening mechanisms, institutional oversight, and human rights principles to strengthen legal certainty, professional protection, and the effectiveness of Indonesia's bankruptcy system

Copyrights © 2026






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...