Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)

<Previous Article In Volume
Next Article In Volume>

Legal Protection for Creditors Regarding Fiduciary Collateral in the Bankruptcy of Debtors

Authors
Rodiatun Adawiyah1, *, Tarmizi Tarmizi2, OK. Isnainul1
1Faculty of Law, Universitas Prima Indonesia, Medan, Indonesia
2Faculty of Law, Universitas Amir Hamzah, Medan, Indonesia
*Corresponding author. Email: rodiatunadawiah@unprimdn.ac.id
Corresponding Author
Rodiatun Adawiyah
Available Online 3 January 2026.
DOI
10.2991/978-2-38476-531-7_38How to use a DOI?
Keywords
Legal protection; creditors; fiduciary guarantees
Abstract

This study examines the debtor’s legal responsibility in transferring fiduciary collateral without creditor consent, the position of material guarantee-holding creditors during bankruptcy, and legal protection for separatist creditors. Employing normative legal research with a descriptive approach and secondary data sources, the study applies qualitative analysis. In bankruptcy, creditors with material guarantees hold a preferential position over other creditors. Separatist creditors are treated as though bankruptcy has not occurred, but their right of execution is temporarily suspended for 90 days from the declaration of bankruptcy. The unauthorized transfer of fiduciary collateral by the debtor constitutes a legal violation under both civil and criminal law, particularly as regulated in Articles 35 and 36 of the Fiduciary Guarantee Law. However, in practice, legal protection for separatist creditors regarding fiduciary guarantee objects is not optimally enforced. Although Article 55 of the Bankruptcy Law grants separatist creditors the right to execute their guarantees, Article 56 suspends this right, creating a contradiction in legal implementation and resulting in uncertainty for creditors seeking recovery from bankrupt debtors.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

<Previous Article In Volume
Next Article In Volume>
Volume Title
Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 January 2026
ISBN
978-2-38476-531-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-531-7_38How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Rodiatun Adawiyah
AU  - Tarmizi Tarmizi
AU  - OK. Isnainul
PY  - 2026
DA  - 2026/01/03
TI  - Legal Protection for Creditors Regarding Fiduciary Collateral in the Bankruptcy of Debtors
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 331
EP  - 348
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_38
DO  - 10.2991/978-2-38476-531-7_38
ID  - Adawiyah2026
ER  -