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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-3 | Issue-11 | 334-341
Original Research Article
Reconstruction of Separate-Creditor Positions in the Process Declaring Bancruptcy in Indonesia Based on Justice Value
Supri Yono, Adi Sulistiyono, Anis Mashdurohatun, Ratih Mega Puspa Sari
Published : Nov. 3, 2020
DOI : 10.36348/sijlcj.2020.v03i11.001
Abstract
The problem discussed in this study involves is that there is yet to be a law protection for Multiple or Separate-Editor in case if company is declared bankrupt and is unable to pay its debts as a whole that could reflect Justice Value. The method of research used in this research is juridical-empirical where the research type is qualitative research with a sociological juridical approach (Socio-Legal Approach). The results of this study indicate that the position of the separate-creditors in the company bankruptcy currently has a priority in obtaining repayment of their accounts. Manpower legal protection in the event of a debtor who has been declared bankrupt before and after the Constitutional Court decision No. 67 / PUU-XI / 2013 are as follows: prior to the Constitutional Court decision it was assumed that labor wages remained under separate-creditors, taxes, auction fees, and curator fees and were deemed not to contradict Article 28D paragraph (1) and paragraph (2) of the Indonesian Constitution Law Year 1945. After the Constitutional Court decision, the position of workers' wages according to the Bankruptcy Law and the Civil Code takes precedence. The reconstruction of the position of the separate-creditor as offered by the author is by reconstructing the decision of the Constitutional Court No. 67 / PUU-XI / 2013 to better reflect the value of justice.
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