What question did this study set out to answer?

To analyze the legal and economic conflict between statutory bankruptcy limitations and the execution rights of secured creditors under Indonesian collateral law.

August 16, 2026Jurnal Cakrawala HukumOpen Access

The Dilemma of Parate Executie: Secured Creditors versus Curators in Bankruptcy

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To analyze the legal and economic conflict between statutory bankruptcy limitations and the execution rights of secured creditors under Indonesian collateral law.
Conducted a doctrinal legal analysis incorporating statutory, case law, and comparative frameworks.
Evaluated Indonesian Supreme Court decisions (No. 158 K/Pdt.Sus/2011 and No. 895 K/Pdt.Sus-Pailit/2016) in comparison with United States Chapter 11 and the Dutch Faillissementswet.
Surrendering collateral to bankruptcy curators severely reduces creditor recovery due to curator fees and bankruptcy costs, falling from a claim of Rp44.7 billion to an actual distribution of Rp1.5 billion (3.4% recovery) in Supreme Court Decision No. 158 K/Pdt.Sus/2011.
Identified Indonesia's rigid two-month parate executie window as an international outlier that generates economic inefficiency and distributive injustice.

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Implication

Legal analysis demonstrates severe recovery loss for secured creditors under bankruptcy limits, indicating a need for statutory reform.

Cite This Study

Sagala et al. (2026) studied this question.

synapsesocial.com/papers/6a817980f2fb91fc834aca1e https://doi.org/10.26905/idjch.v17i2.17447

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The Dilemma of Parate Executie: Secured Creditors versus Curators in Bankruptcy

Key Points

Discussion

Implication

Cite This Study

The Dilemma of Parate Executie: Secured Creditors versus Curators in Bankruptcy

Key Points

Discussion

Implication

Cite This Study

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