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Aria Wirajuna; Elisatris Gultom; Sudaryat Sudaryat

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the legal consequences of non-registration or late registration of receivables owned by creditors in the bankruptcy process. Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU) stipulates that in bankruptcy proceedings, the fulfillment of rights over the bankrupt estate can only be obtained if the creditor registers their receivables for verification. However, there are no specific provisions that explicitly regulate the legal consequences of receivables that are not registered at all or those registered late and thus cannot be verified. This legal uncertainty creates problems in practice, particularly regarding legal protection for creditors and legal certainty in the resolution of bankruptcy cases. Using a normative juridical approach and analyzing relevant legislation and court decisions, this research finds that creditors who fail to register their receivables or register them late lose their rights to receive payments from the bankrupt estate. In other words, receivables that are not verified—either due to non-registration or late registration—are not recognized in the bankruptcy process. This conclusion highlights the importance of creditors understanding the procedures for registering receivables in bankruptcy in order to protect their rights. The study also recommends that existing legal regulations provide clearer guidance regarding the consequences of delayed or unregistered receivables to ensure legal certainty and fair protection for all parties involved in bankruptcy proceedings.

Safirah Maharani Putri; Muhammad Rizal Rustam

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

In bankruptcy proceedings, the presence of third parties whose assets are made part of the bankruptcy estate often leads to legal conflicts. The bankruptcy estate is a collection of assets managed by the curator to pay off the debtor's obligations to creditors. Problems arise when third-party assets, which should not be included in the bankruptcy estate, are included without a clear legal basis. This research aims to analyze the legal remedies that can be taken by third parties to protect their rights and interests. By reviewing the provisions in the Bankruptcy Law, as well as the prevailing practice, this study demonstrates the importance of verification of assets by the curator prior to inclusion in the bankruptcy estate. Legal procedures such as opposition (verzet) can be taken by third parties to challenge the curator's decision in the commercial court. The findings of this study highlight the need for a better understanding of third party rights and the legal mechanisms in place to prevent abuse of curator authority. It is hoped that this study will provide guidance to third parties in taking appropriate legal steps and strengthening legal protection in the bankruptcy process.