PERLINDUNGAN HAK KREDITUR DALAM PROSES PENYELESAIAN KEPAILITAN

Abstract

Bankruptcy is defined as a situation in which all of a debtor's assets are subject to general seizure and managed by a curator appointed by the court, under the supervision of a supervisory judge. Furthermore, bankruptcy describes a condition where a debtor no longer has the capacity to settle debts owed to creditors. If a debtor has outstanding obligations to various creditors and the debt issues cannot be resolved, they may be declared bankrupt. Although the procedures for debt settlement via bankruptcy mechanisms are formally regulated by statute, practical implementation often encounters obstacles. Situations where debtors lose the ability to meet debt obligations frequently arise, even though they are the parties liable for payment. Additionally, during bankruptcy proceedings, dishonest conduct by curators or supervisory judges can pose challenges in managing and liquidating the assets of the bankrupt debtor. Consequently, to prevent potential fraud by debtors, bankruptcy laws are designed to provide maximum protection for creditors. This study employs a normative-juridical research method—a legal approach treating law as a system of norms (principles, rules, and standards derived from legislation, court rulings, and legal doctrine). It relies on primary data and literature as key sources, while also examining prevailing positive law to draw coherent conclusions. Regarding the legal protection of creditors in bankruptcy: Law No. 37 of 2004 provides legal protection through bankruptcy mechanisms, ensuring that creditors' claims are satisfied in a proportional and fair manner. Creditors are categorized as secured (separatist), preferred, and concurrent, each with distinct payment rights. The primary objective of this protection is to ensure creditors receive their due even when the debtor is insolvent; however, despite these established legal protections, implementation in practice still faces challenges. These obstacles reduce the effectiveness of creditor rights protection.