KHOLIDAH, 031211131139 (2016) PERLINDUNGAN HUKUM KREDITOR SEPARATIS ATAS TAGIHAN UPAH BURUH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013. Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

In bankruptcy law, there are 3 (three) types of creditor known as concurrent creditors, preferred creditors and secure creditor. The distinction among them relates to the position of the creditor in the process of distribution of the bankruptcy estate. Based on Article 55 paragraph (1) of Law Number 37 of 2004 on Bankruptcy and Suspension of debt payment, secure creditor is entitled to execute the collateral objects and receivables payment precedence than the other creditors on the sale of the collateral objects. However, after the decision of the Constitutional Court Number 67 / PUU-XI / 2013, raised legal norms that the payment of outstanding wages of workers shall take precedence over all other types of creditors claim including secured creditor’s claim and claim of states’ rights, auction houses and public institutions established by the Government, whereas the payment of other rights of workers shall take precedence over all claims, including claims of states’ rights, auction house, and public institutions established by the Government, except for claims by secured creditors. Based on the decision of the Constitutional Court, employee wages are now prioritized over all other creditors, including right to obtain the proceeds from the sale of such collateral belonging to secured creditor prior to the other creditors as defined in Article 60 paragraph (2) of Law Number 37 of 2004 on Bankruptcy and Suspension of Obligation for Debts Payment. Yet, other normative workers’ rights such as severance pay is still under the claimed of secure creditors.

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