Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat
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SIMPLE PROOF AND CREDITOR EQUITY IN INDONESIAN BANKRUPTCY: DECISION NO. 72/PDT.SUS-PAILIT/2025
Abstract
Bankruptcy is a collective mechanism for administering and realizing a debtor’s estate once the statutory entry requirements are satisfied. This article examines Commercial Court Decision No. 72/Pdt.Sus-Pailit/2025/PN Niaga Jkt.Pst, focusing on simple proof, the legal effect of bankruptcy on a limited partnership (CV), and the relationship between general attachment and the principles of paritas creditorium and pari passu pro rata parte. The study uses normative or doctrinal legal research through statutory, case, and conceptual approaches. It finds that Article 2(1) read with Article 8(4) of Law No. 37 of 2004 does not require a balance-sheet insolvency test at the petition stage, but the court must still determine that creditor plurality and at least one due and payable debt are capable of simple proof. A bankruptcy declaration restricts authority over the bankruptcy estate rather than extinguishing legal capacity in general. For a CV debtor, this consequence must be read together with the partnership’s non-legal-entity character and the potential liability of complementary partners. Curator appointment creates the procedural framework for collective administration; rateable distribution is determined only after claim verification and application of creditor priorities.
Keywords
Declarations
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Bibliographic Information
Cite this article as:
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Submitted
23 June 2026 -
Revised
23 June 2026 -
Accepted
Not available -
Published
25 August 2026


