Legal Consequences of Bankruptcy on Individual Debtors’ Rights and Assets in Indonesia

This study aims to analyze the impact of bankruptcy on the personal rights of individual debtors, including restrictions on freedom of legal action, as well as consequences for property that falls into bankruptcy. Bankruptcy is a legal process that provides a mechanism for debt settlement for debtors who are unable to pay their debts to creditors. In the context of individual debtors, bankruptcy has significant legal implications for both civil rights and control over their assets. The research method employed is a normative juridical approach, utilizing a legislative framework and examining court decisions. The results show that since the bankruptcy declaration decision was issued, the right to manage and control all of the debtor's assets has passed to the curator under the supervision of the supervisory judge. Additionally, individual debtors may face restrictions on their freedom in various aspects of socio-economic life, including access to banking and business activities. Therefore, it is necessary to strike a balance between the interests of creditors and the fundamental rights of individual debtors, especially in the context of post-bankruptcy social recovery and reintegration

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Publication Details

Journal
International Journal of Law Dynamics Review
Published
2025-05-31
DOI
https://doi.org/10.62039/ijldr.v3i1.89
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Consequences of Bankruptcy on Individual Debtors’ Rights and Assets in Indonesia

Devina Ayu Astria, Abdila Qussay Dwipa, Miftakhur Rokhman Habibi, Linda Kharisma Putri
International Journal of Law Dynamics Review
Islamic Finance and Banking Studies
article

Legal Consequences of Bankruptcy on Individual Debtors’ Rights and Assets in Indonesia

Devina Ayu Astria, Abdila Qussay Dwipa, Miftakhur Rokhman Habibi, Linda Kharisma Putri
article en

Abstract

This study aims to analyze the impact of bankruptcy on the personal rights of individual debtors, including restrictions on freedom of legal action, as well as consequences for property that falls into bankruptcy. Bankruptcy is a legal process that provides a mechanism for debt settlement for debtors who are unable to pay their debts to creditors. In the context of individual debtors, bankruptcy has significant legal implications for both civil rights and control over their assets. The research method employed is a normative juridical approach, utilizing a legislative framework and examining court decisions. The results show that since the bankruptcy declaration decision was issued, the right to manage and control all of the debtor's assets has passed to the curator under the supervision of the supervisory judge. Additionally, individual debtors may face restrictions on their freedom in various aspects of socio-economic life, including access to banking and business activities. Therefore, it is necessary to strike a balance between the interests of creditors and the fundamental rights of individual debtors, especially in the context of post-bankruptcy social recovery and reintegration

International Journal of Law Dynamics ReviewVol. 3(1)
UIN Sunan Ampel Surabaya (ID)
Openalex Percentile: Top 81%
Islamic Finance and Banking Studies
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