Legal Implication of the Constitutional Court's Decision Number 67/PUU-X/2013 on Creditor Concurrent's Rights in Bankruptcy Case

摘要

The implication of the Constitutional Court Decision Number 67/PUU-XI/2013 is very interesting to study, it is because of after the decision, the repayment of workers' payment in the case of bankruptcy of a company must take precedence over other creditors. On the one hand, the decision provides benefits to workers and in the opposite, it suffers the concurrent creditors because it is less likely to obtain debt repayments from debtors. Furthermore, this following question arise e.g. the protection of the concurrent creditors. This is not taken into discussion in the Constitutional Court decision No. 67/PUU-XI/2013 above, which implies the undermining the position of concurrent creditors and minimizing the guarantee of repayment of debts from bankrupt debtors.