ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANY
Employees have specific rights in the settlement of bankrupt debts under Indonesian Bankruptcy Law, but they must compete with other privileged creditors, such as tax authorities, insurance holders, and those owed bankruptcy fees, which often affects their priority status. This study investigates th...
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| Format: | Article |
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faculty of law universitas lampung
2022-06-01
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| Series: | Indonesia Private Law Review |
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| Online Access: | https://jurnal.fh.unila.ac.id/index.php/iplr/article/view/2598 |
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| author | Putri Ariqah Siti Anisah |
| author_facet | Putri Ariqah Siti Anisah |
| author_sort | Putri Ariqah |
| collection | DOAJ |
| description | Employees have specific rights in the settlement of bankrupt debts under Indonesian Bankruptcy Law, but they must compete with other privileged creditors, such as tax authorities, insurance holders, and those owed bankruptcy fees, which often affects their priority status. This study investigates the bankruptcy filing mechanisms for legal entities and the relative position of employees in debt repayment, comparing the Indonesian and German legal systems. Employing normative legal research methods and analyzing secondary data, the study outlines that both systems are structured into three stages: registration, trial, and implementation of the bankruptcy decision. In Indonesia, while employees receive priority for wage payments, other rights are not prioritized, making them non-preferential. Conversely, Germany’s system includes the “Insolvenzgeld” mechanism, which guarantees payment of three months' wages during the preliminary insolvency stage, and prioritizes employee claims under social plans over other creditors. Claims not covered by Insolvenzgeld are settled after higher-priority creditors have been fully compensated. |
| format | Article |
| id | doaj-art-af901c9b06d34f74a7ccc9b2381e77e9 |
| institution | Kabale University |
| issn | 2723-259X 2745-9284 |
| language | English |
| publishDate | 2022-06-01 |
| publisher | faculty of law universitas lampung |
| record_format | Article |
| series | Indonesia Private Law Review |
| spelling | doaj-art-af901c9b06d34f74a7ccc9b2381e77e92024-11-18T02:35:42Zengfaculty of law universitas lampungIndonesia Private Law Review2723-259X2745-92842022-06-0131476210.25041/iplr.v3i1.25981328ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANYPutri Ariqah0Siti Anisah1Universitas Islam IndonesiaUniversitas Islam IndonesiaEmployees have specific rights in the settlement of bankrupt debts under Indonesian Bankruptcy Law, but they must compete with other privileged creditors, such as tax authorities, insurance holders, and those owed bankruptcy fees, which often affects their priority status. This study investigates the bankruptcy filing mechanisms for legal entities and the relative position of employees in debt repayment, comparing the Indonesian and German legal systems. Employing normative legal research methods and analyzing secondary data, the study outlines that both systems are structured into three stages: registration, trial, and implementation of the bankruptcy decision. In Indonesia, while employees receive priority for wage payments, other rights are not prioritized, making them non-preferential. Conversely, Germany’s system includes the “Insolvenzgeld” mechanism, which guarantees payment of three months' wages during the preliminary insolvency stage, and prioritizes employee claims under social plans over other creditors. Claims not covered by Insolvenzgeld are settled after higher-priority creditors have been fully compensated.https://jurnal.fh.unila.ac.id/index.php/iplr/article/view/2598bankruptcyinsolvencyrepaymentdebtpositionrights |
| spellingShingle | Putri Ariqah Siti Anisah ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANY Indonesia Private Law Review bankruptcy insolvency repayment debt position rights |
| title | ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANY |
| title_full | ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANY |
| title_fullStr | ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANY |
| title_full_unstemmed | ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANY |
| title_short | ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLEYEES IN INDONESIA AND GERMANY |
| title_sort | arrangement of bankruptcy debt repayment toward empleyees in indonesia and germany |
| topic | bankruptcy insolvency repayment debt position rights |
| url | https://jurnal.fh.unila.ac.id/index.php/iplr/article/view/2598 |
| work_keys_str_mv | AT putriariqah arrangementofbankruptcydebtrepaymenttowardempleyeesinindonesiaandgermany AT sitianisah arrangementofbankruptcydebtrepaymenttowardempleyeesinindonesiaandgermany |