Legal Consequences of Bankruptcy on Individual Debtors’ Rights and Assets in Indonesia
Year: 2025
Type: article
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
Institution: UIN Sunan Ampel Surabaya
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411178442