Analysis of Equality on Creditor Standing Principle on The Process of Arrangement and Settlement of Bankruptcy Asset in Indonesia

DOI

10.2991/icglow-19.2019.71How to use a DOI?

Keywords

Bankruptcy, Equality on Creditor Standing Principle, Pari Passu Prorata Parte

Abstract

The process of arranging and clearing bankrupt assets carried out by the curator is not carried out properly and professionally and does not meet the principles in bankruptcy law, so there will be legal problems in the distribution of bankrupt debtor assets. This is mainly related to the existence of three types of creditors in the Bankruptcy Law, namely Preferred Creditors, Separatist Creditors and Concurrent Creditors, where in the process of distributing bankruptcy debtor's assets it is possible that the assets of bankrupt debtors are insufficient for the number of creditors of creditors. The problems discussed in this paper are about the implementation of the principle of equality of the position of creditors and the principle of pari passu proprata parte in the management and settlement of bankrupt assets, as well as what are the obstacles that arise in the implementation of the settlement of the management and settlement of bankrupt assets. The results of the study show that the principle of equality of the position of creditors and the principle of pari passu prorata parte, in the management and acquisition of bankrupt assets, are carried out simultaneously and cannot be separated. The principle of creditorium parity is found that all creditors have the same rights to all assets of bankrupt debtors. On the other hand the pari passu prorate parte principle emphasizes the distribution of debtor assets to pay off debts to creditors in a more just manner in accordance with the proportion.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Winanto
AU  - Adi Sulistiyono
AU  - Y. Taruono Muryanto
PY  - 2019/10
DA  - 2019/10
TI  - Analysis of Equality on Creditor Standing Principle on The Process of Arrangement and Settlement of Bankruptcy Asset in Indonesia
BT  - Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)
PB  - Atlantis Press
SP  - 286
EP  - 288
SN  - 2352-5398
UR  - https://doi.org/10.2991/icglow-19.2019.71
DO  - 10.2991/icglow-19.2019.71
ID  - 2019/10
ER  -