Integrity Principle in the Nexus of Bankruptcy Law and Civil Code: A Normative Study in Indonesia

Abstract

This study examines the relationship between bankruptcy law and the Civil Code in Indonesia through the lens of the principle of legal system integrity, by placing the two legal regimes as two variables that interact with each other, not just descriptively compared. The problem raised is the extent to which the relationship between bankruptcy law and the Civil Code reflects the principle of integrity of the Indonesian civil law system. This study uses a normative juridical method with a legislative, conceptual, and case approach, analyzing primary legal materials in the form of Law Number 37 of 2004 concerning Bankruptcy and PKPU and the Civil Code, which is analyzed qualitatively through the identification of meeting points and normative tension points between the two variables. The results of the study show that at the level of basic principles such as general guarantees, actio pauliana, and the position of separatist creditors, bankruptcy law is consistent with the Civil Code because it is a technical elaboration of the same norm. However, at certain points, in particular the limitation of legal remedies, the limitation of the debtor's civil rights, and its implications for third parties in good faith, normative tensions are found whose degree of proportionality needs to be further tested. This study concludes that the principle of legal system integrity between the two variables is on a spectrum, not a binary condition, and recommends strengthening the guidelines for interpreting judges and improving the technical aspects of legislation so that the integration of the Indonesian civil law system is maintained.