LEGAL CERTAINTY IN THE FULFILLMENT OF CREDITORS' RIGHTS IN DEBT DISPUTES CONCLUDING IN BANKRUPTCY

Fidda Nazli Azzahra, . (2025) LEGAL CERTAINTY IN THE FULFILLMENT OF CREDITORS' RIGHTS IN DEBT DISPUTES CONCLUDING IN BANKRUPTCY. Academia Open, 10 (2). pp. 1-14. ISSN 2714-7444

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Abstract

General Background: Rapid growth in business activities in Indonesia has intensified debt–credit relations, increasing the frequency of disputes that culminate in bankruptcy proceedings. Specific Background: Although Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU) provides procedural safeguards, practical implementation often raises concerns regarding creditor protection, as illustrated by Case No. 33/Pdt.Sus-PKPU/2020/PN Niaga Jakarta Pusat and subsequent Supreme Court decisions. Knowledge Gap: Prior studies have insufficiently examined how normative bankruptcy mechanisms operate in practice to protect creditors amid disparities among creditor classes. Aims: This study aims to analyze the forms of legal protection afforded to creditors and identify obstacles faced in realizing their rights within bankruptcy proceedings. Results: The findings showthat creditor protection is formally structured through PKPU procedures, claim verification, creditor meetings, voting, homologation, and curator supervision; however, effectiveness is undermined by unequal bargaining positions, debtor non-compliance with peace agreements, and weak oversight. Novelty: This study integrates normative analysis with a detailed case study to reveal gaps between statutory design and judicial practice in creditor protection. Implications: The results suggest the need for regulatory refinement, stronger judicial supervision, and improved professional standards to ensure a fair, transparent, and effective bankruptcy system that genuinely safeguards creditors’ rights.

Item Type:	Article
Additional Information:	[No. Panggil : 2210611020] [Pembimbing : Andriyanto Adhi Nugroho] [Penguji 1 : Irsyaf Marsal] [Penguji 2 : Ema Nurkhaerani]
Uncontrolled Keywords:	Bankruptcy, Creditor Protection, PKPU, Legal Certainty, Commercial Court
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	FIDDA NAZLI AZZAHRA
Date Deposited:	26 Mar 2026 07:17
Last Modified:	26 Mar 2026 07:17
URI:	http://repository.upnvj.ac.id/id/eprint/41842

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