Oct 2026· Economic Sciences· Vol 22, pp. 565-575· 0 citations· 16 references
Abstract
Since 1 December 2019, a creditor holding a guarantee from an individual for a corporate debtor’s borrowing may proceed against that guarantor through several channels at once: a civil suit or Debts Recovery Tribunal application on the contract, enforcement of any security under the SARFAESI Act, and Part III of the Insolvency and Bankruptcy Code 2016. This article asks how these channels fit together. It argues that invocation of the guarantee, rather than the principal debtor’s default, is the legally decisive event: it fixes the guarantor’s own default, starts a distinct limitation period, and determines which forum may properly act. Tracing the line from Ramakrishnan through Lalit Kumar Jain to Jiwrajka, the article shows that the Supreme Court has preserved the guarantor’s independent liability while upholding the personal insolvency regime. It then analyses the contractual conditions of a valid invocation and the unsettled question of limitation across three statutory anchors. The article proposes a three-part reconciliation framework: invocation as the gateway, the interim moratorium as the sequencing device, and single satisfaction as the limit on cumulative recovery. It concludes by identifying where judicial clarification or rule-making is still needed.
Bankruptcy remedies can impose costs on employees, consumers, suppliers, and other stakeholders beyond the immediate debtor–creditor relationship. In Indonesia, scholarly debate has largely focused on bankruptcy eligibility, leaving the consequences of remedy design comparatively underexamined. This study aimed to deve...
Royana Lumban Gaol, Hulman Panjaitan, Dhaniswara K. Harjono et al.· Journal Of World Science· 0 citations
Debtor bankruptcy presents complex legal issues when third-party assets pledged as collateral under a borgtocht (suretyship) arrangement are included in the bankruptcy estate, even though the third-party owner has not been declared bankrupt. This study examines the legal status of third-party collateral assets and the...
Indonesia's bankruptcy law, under Article 2(1) of Law No. 37/2004, permits declarations without substantive insolvency testing, prioritizing formal proof (two creditors, one unpaid debt) over economic reality. This crisis-era design, intended for rapid debt resolution now generates constitutional tensions with the Rech...
Sherly Nelsa Fitri, Novana VJ Kareth· Jurnal Penegakan Hukum dan K...· 0 citations
Seizure and forfeiture of fiduciary collateral can impair both asset recovery and lawful creditor interests. This article examines the status of secured creditors and develops a protection framework through normative legal research. It combines statutory interpretation, a structured comparison of scholarship, reported...
Jimmy Simanjuntak· Indonesian Journal of Law an...· 0 citations
This research examines the weak implementation of the principle of balance and the principle of business continuity (going concern) under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU). The ease and simplicity of the requirements for proving a bankruptcy petition (easy-ent...
Ria Permata Sukma· Pena Justisia Media Komunika...· 0 citations
The digitalisation of the financing sector has transformed lending into electronic systems that prioritise speed, efficiency, and accessibility, while creating new challenges in collateral governance. This study examines the fragmentation of registration systems for fiduciary guarantees and mortgage rights, which may l...
S. Sulastri, Muthia Sakti, Wardani Rizkianti· Lentera Negeri· 0 citations
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