Dampak Kepailitan Bagi Kreditur Konkuren di Indonesia

Abstract

A study of normative legal literature on bankruptcy law in Indonesia has been carried out as stated in Article 2 paragraph 1 of Law Number 37 of 2004 explaining that bankruptcy requirements consist of only two or more creditors and at least one debt that is due.Likewise with the fate of concurrent creditors who are greatly disadvantaged in this case because if the debtor is declared bankrupt by the Commercial Court and it turns out that the assets are no more than the debt, the concurrent creditors will not receive any debt repayment at all. The background of this research is considering that Indonesia is a constitutional state that upholds the constitution, namely where bankruptcy law is very influential in determining the fate of concurrent creditors who are the result of the bankruptcy of a company and how bankruptcy impacts concurrent creditors in Indonesia. The research method used is the normative legal research method on article 2 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy Law which explains the conditions for bankruptcy. The results of this study indicate that many of the current bankruptcy laws are contrary to the principles of bankruptcy and can be a reproach to those who wish to take advantage of this with bad intentions. By discussing and exploring the nature of bankruptcy from its principles and principles which are then compared with the positive laws that apply, it will remind us of the true nature of bankruptcy. It is hoped that this research can add insight in the form of legal protection that should be obtained by concurrent creditors who are the most disadvantaged party.