Separatist Creditors vs Preferred Creditors Rights in the Bankruptcy Case Based on the Decision of Constitutional Court of 2013

Abstract

Workers are preferred creditors whose payment must take precedence
in the bankruptcy of the company. Problems in practice occur in the
company's assets as collateral for debt to separatist creditors so that workers'
rights are ruled out. Therefore, workers submit applications for judicial
review of the Bankruptcy Law and Labor Law. This study is normative
research using primary legal materials, namely laws and case study decisions
that are analysed qualitatively. The results of the study and discussion
determined that the Bankruptcy Law and the Labor Law regulate the same as
the legal status of workers as preferred creditors who are entitled to prioritize
payment in the distribution of bankrupt assets strengthened by the results of a
judicial review in Decision of the Constitutional Court Number 67/PUUXI/2013 The right of workers to wages is prioritized and calculated from
collateral objects which are the rights of separatist creditors. For this reason,
curators with authority must share the right of separatist creditors and
preferred creditors with the principle of balance and justice so that all the
assets of a bankrupt company can pay off the debts of its creditors