Legal Analysis of the Position of Separatist Creditors Regarding Workers' Wages in Bankruptcy Reviewed from Law Number 37 of 2004

Abstract

The position of secured creditors in bankruptcy often raises issues regarding the protection of workers' wages. Secured creditors, as holders of material collateral rights, based on Article 55, paragraph (1) of Law Number 37 of 2004 concerning bankruptcy, have the right to execute their collateral as if bankruptcy had not occurred. On the other hand, workers have the right to wages as a constitutional right and a basic right to maintain a living. However, practice shows that workers' wages are often disregarded because they only stand as general preferred creditors whose payments are made after those of secured creditors. This creates a conflict with the provisions of Law Number 13 of 2003 concerning manpower and Law Number 6 of 2023 concerning job creation, which stipulate that workers' wages must be paid first. The study aims to analyse the legal position of workers' wages in bankruptcy cases against secured creditors and examine the judge's considerations in determining this position. The research method used is normative legal research with a descriptive approach, through a review of legislation, court decisions, and the doctrines of legal experts. Research results show that workers' wages should be paid in priority over those of separatist creditors, as stated in Constitutional Court Decision Number 67/PUU-XI/2013, which prioritises workers' wages over separate claims. The judge's considerations are based on the principles of legal protection, the principle of justice, and the constitutional guarantee of Article 28D paragraph (2) of the 1945 Constitution. However, in practice, the application of this rule still creates a conflict of legal certainty between the interests of separatist creditors and workers' rights. Therefore, it is necessary to synchronise bankruptcy regulations with labour law so that the protection of workers' rights can be effectively guaranteed.