The Absence of a Legal Protection Mechanism for Concurrent Creditors in the Distribution of Bankrupt Assets in Indonesia

Concurrent creditors are the weakest party in the Indonesian bankruptcy system. According to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, secured and preferred creditors are given priority when it comes to the distribution of bankruptcy assets, or the bankruptcy estate, while concurrent creditors only get the remaining assets after both groups have been satisfied. This condition creates inequality and injustice in the fulfillment of creditors' rights, because there is no legal protection mechanism that specifically guarantees the interests of concurrent creditors. Articles 1131 and 1132 of the Civil Code regulate the principle of paritas creditorum, namely equality among creditors, but its implementation is not reflected in the practice of bankruptcy estate settlement. This study aims to analyze the legal position of concurrent creditors, identify the absence of a protection mechanism in the Indonesian bankruptcy system, and propose a concept for a more equitable legal reformulation. Using a normative legal approach and analyzing laws and regulations and commercial court decisions, the research findings indicate that Law No. 37 of 2004 does not guarantee substantive justice for unsecured creditors. Therefore, legal reforms are needed to regulate preventive and repressive protection mechanisms so that unsecured creditors' rights can be proportionally protected in bankruptcy proceedings.