Azly Rizaldy Daulay, . (2026) ASAS KEADILAN ATAS EKSEKUSI OBJEK JAMINAN KREDITOR SEPARATIS DALAM PROSES KEPAILITAN (Studi Kasus Kedudukan Dan Eksekusi Objek Jaminan Yang Menjadi Bagian Dari Boedel Pailit). Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This study aims to analyze the implementation of collateral execution by secured creditors (separatist) against debtors declared bankrupt and to formulate an ideal legal construction to ensure legal certainty and justice. The background of this research is the inconsistency between normative regulations and the practical implementation of secured creditors' rights in bankruptcy, which can reduce their preferential rights. This research employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The results show that normatively, Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU grants secured creditors the right to execute their collateral as if no bankruptcy had occurred. However, in practice, the exercise of such rights is limited by the stay period, the curator's intervention, and the imposition of costs that are not always proportional, thereby potentially reducing the economic value of the collateral and the rights that secured creditors should obtain. This study also finds that there is no adequate regulation to protect collateral value during the stay period, a concept known in international practice as adequate protection. The absence of such regulation leads to an imbalance between the collective interests in bankruptcy proceedings and the protection of secured creditors’ proprietary rights. The ideal legal construction for the implementation of collateral execution by secured creditors should reflect a balance between the principle of general confiscation and the protection of proprietary rights, through a proportional application of the stay period, limitation of the curator’s authority, clear regulation on cost allocation, and distribution of proceeds in accordance with the principle of preferential rights. Furthermore, it is necessary to adopt the concept of adequate protection in Indonesian bankruptcy law to preserve the value of collateral during bankruptcy proceedings. Therefore, this study is expected to contribute to the development of bankruptcy law in Indonesia, particularly in strengthening legal protection for secured creditors without disregarding the interests of other creditors.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | {No. Panggil : 2210622103} Pembimbing 1 : Aurora Jillena Meliala} {Pembimbing 2 : Iwan Erar Joesoef} {Penguji 1 : Heru Sugiyono} {Penguji 2 : Muthia Sakti} |
| Uncontrolled Keywords: | Secured Creditors, Bankruptcy, Collateral Execution, Proprietary Rights, Justice |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | AZLY RIZALDY DAULAY |
| Date Deposited: | 03 Sep 2026 04:31 |
| Last Modified: | 03 Sep 2026 04:31 |
| URI: | http://repository.upnvj.ac.id/id/eprint/54086 |
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