© 2020 |Published by Scholars Middle East Publishers, Dubai, United Arab Emirates 334 Scholars International Journal of Law, Crime and Justice Abbreviated Key Title: Sch Int J Law Crime Justice ISSN 2616-7956 (Print) |ISSN 2617-3484 (Online) Scholars Middle East Publishers, Dubai, United Arab Emirates Journal homepage: https://saudijournals.com/sijlcj Original Research Article Reconstruction of Separate-Creditor Positions in the Process Declaring Bancruptcy in Indonesia Based on Justice Value Supri Yono 1* , Adi Sulistiyono 2 , Anis Mashdurohatun 2 , Ratih Mega Puspa Sari 2 1 Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang, Indonesia 2 Faculty of Law Sultan Agung Islamic University Semarang, Indonesia DOI: 10.36348/sijlcj.2020.v03i11.001 | Received: 13.10.2020 | Accepted: 29.10.2020 | Published: 03.11.2020 *Corresponding author: Supri Yono Abstract The problem discussed in this study involves is that there is yet to be a law protection for Multiple or Separate-Editor in case if company is declared bankrupt and is unable to pay its debts as a whole that could reflect Justice Value. The method of research used in this research is juridical-empirical where the research type is qualitative research with a sociological juridical approach (Socio-Legal Approach). The results of this study indicate that the position of the separate-creditors in the company bankruptcy currently has a priority in obtaining repayment of their accounts. Manpower legal protection in the event of a debtor who has been declared bankrupt before and after the Constitutional Court decision No. 67 / PUU-XI / 2013 are as follows: prior to the Constitutional Court decision it was assumed that labor wages remained under separate-creditors, taxes, auction fees, and curator fees and were deemed not to contradict Article 28D paragraph (1) and paragraph (2) of the Indonesian Constitution Law Year 1945. After the Constitutional Court decision, the position of workers' wages according to the Bankruptcy Law and the Civil Code takes precedence. The reconstruction of the position of the separate-creditor as offered by the author is by reconstructing the decision of the Constitutional Court No. 67 / PUU-XI / 2013 to better reflect the value of justice. Keywords: Reconstruction, Separate-Creditor, Bankruptcy, Justice Value. Copyright © 2020 The Author(s): This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC BY-NC 4.0) which permits unrestricted use, distribution, and reproduction in any medium for non-commercial use provided the original author and source are credited. INTRODUCTION Universally, the Bankruptcy Law which was passed by the Indonesian People's Representative Council in Indonesia aims to regulate and prevent the settlement of bankruptcy cases that could lead to the end of detrimental to one of the parties, both Creditors and Debtors. Therefore, the settlement of cases in court can be done by combining three things, namely legal certainty, legal benefits, and legal justice [1]. In this regard, it also applies to the handling of bankruptcy cases at the Commercial Court which is guaranteed to be implemented by the Bankruptcy Law. In another case, the enforcement of bankruptcy law, the principle of fair debt repayment can be seen as the underlying form of injustice, that is; The principle of bankruptcy regarding unfair response is the Creditorium Parity principle even though it is a response to such injustice, if the Creditorium Parity principle is applied in a letter, it will lead to injustice, where the injustice of the Creditorium Parity principle is that creditors are the same as creditors and other creditors. The principle of Creditorium Parity does not differentiate between the treatment of creditors, whether they are creditors with large receivables or creditors with small receivables, creditors holding collateral, and creditors who do not hold collateral at all. The principle of Equal Position of Creditors determines that creditors have equal rights to all debtors' assets [2]. If the debtor is unable to pay the debt, the debtor's assets will become the creditor's target. The principle of Creditorium Parity means that all debtor's assets, whether in the form of movable property or assets that are currently owned by the debtor and goods in the future will be owned by the debtor, are bound to the settlement of debtor's obligations. The principle of Creditorium Parity is regulated in the provisions of Article 1131 of the Civil Code which reads: "All objects of the debtor, both movable and immovable, both existing and new will be borne in the future for all individual engagements”. In certain cases, creditors also have the possibility to act arbitrarily on debtors through coercion in various ways so that the Debtors pay their debts.