Legal Protection For Creditors When A Debtor Declares Bankruptcy In Debt And Credit Cases

Abstract

This study aims to analyze legal protection for creditors in debt-related disputes when a debtor is declared bankrupt, as well as the effectiveness of bankruptcy mechanisms and the Suspension of Debt Payment Obligations (PKPU). The research employs a normative juridical method with statutory, conceptual, and case approaches, particularly through the analysis of Decision Number 13/Pdt.Sus-PKPU/2024/PN Niaga Jakarta Pusat. Data were obtained through library research and analyzed qualitatively. The results indicate that legal protection for creditors is realized through a general seizure mechanism over the debtor’s assets and collective distribution in accordance with creditor classification. However, the simple evidentiary system in bankruptcy proceedings has the potential to create imbalances if not accompanied by judicial prudence. In addition, PKPU, which is intended as a means of debt restructuring, can in practice also be used as a tool of pressure by the parties. Therefore, it is necessary to strengthen the role of judges and supervision in the implementation of bankruptcy and PKPU in order to ensure legal certainty and justice for creditors.