Hang Tuah Law Journal
VOLUME 1 ISSUE 1, APRIL 2017-SEPTEMBER 2017

Restriction on the Rights of Secured Creditors in Bankruptcy Proceedings

Yulianto, Yulianto ( Faculty of Law, Hang Tuah University)



Article Info

Publish Date
20 Jul 2017

Abstract

The enactment of Law No. 37/2004 upon Bankruptcy and Suspension of Payment (UUK-PKPU) as the “lex specialist” of the Collateral Law and Civil law has caused several legal problems to the creditors holding collateral over assets of their debtors, commonly known as secured creditors, in terms of management and settlement on bankruptcy estate. Such problems included: First, there is a normative conflict between Bankruptcy law and collateral law, in particular regarding to the principle of executorial and the principle of preference right. Second, there is a restriction on the right of secured creditors in terms of management and settlement on bankruptcy estate.

Copyrights © 2017






Journal Info

Abbrev

htlj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Hang Tuah Law Journal is an peer-review journal published by Faculty of Law, Hang Tuah University twice a year in April and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...