Nurfauzi Muhammad

Implikasi Hukum warisan hutang oleh warga negara asing dalam sengketa kepailitan di indonesia perspektif Lex Loci Dan Lex Poli

Introduction

Implikasi hukum warisan hutang oleh warga negara asing dalam sengketa kepailitan di indonesia perspektif lex loci dan lex poli. Mengulas implikasi hukum warisan hutang WNA dalam sengketa kepailitan di Indonesia. Menyoroti inkonsistensi lex loci & lex fori, merekomendasikan harmonisasi hukum & adopsi UNCITRAL Model Law untuk keadilan.

Abstract

Economic globalization has created legal complexities in cross-border bankruptcy disputes, particularly when involving foreign nationals who inherit debts. This study analyzes the application of the lex loci and lex fori principles in bankruptcy cases related to the inheritance of debts by foreign nationals in Indonesia, using the case study of PT. Krama Yudha. The research employs a normative-juridical approach with descriptive-analytical analysis of the Central Jakarta District Court Decision No. 226/Pdt.Sus-PKPU/2023 and the Supreme Court Decision No. 1103 K/PdtSus-Pailit/2024. The findings reveal inconsistencies in the application of private international law principles concerning the jurisdiction and liability of foreign heirs for the deceased’s debts. The lex loci principle provides protection for domestic creditors by subjecting assets located in Indonesia to national law, while lex fori emphasizes the application of Indonesian procedural law. However, the conflict between these principles creates legal uncertainty and disparities in protection for both creditors and heirs. This study recommends the harmonization of cross-border inheritance and bankruptcy laws, the adoption of the UNCITRAL Model Law on Cross-Border Insolvency, and the inclusion of clearer lex successionis provisions in the revision of the Bankruptcy Law to ensure justice and legal certainty.

Review

This paper addresses a critical and timely issue concerning the legal implications of debt inheritance by foreign nationals within Indonesian bankruptcy disputes, examined through the lens of *lex loci* and *lex fori* principles. The study adeptly navigates the complexities introduced by economic globalization, which inevitably leads to cross-border legal challenges, particularly in the realm of insolvency. By employing a normative-juridical approach and focusing on the concrete case of PT. Krama Yudha, alongside specific court decisions from the Central Jakarta District Court and the Supreme Court, the research grounds its theoretical analysis in practical application, offering a detailed descriptive-analytical perspective on a pressing area of private international law. The core findings reveal significant inconsistencies in the application of private international law principles, specifically regarding jurisdiction and the liability of foreign heirs for deceased individuals' debts. The authors meticulously delineate how the *lex loci* principle attempts to safeguard domestic creditors by subjecting Indonesian-located assets to national law, while *lex fori* mandates the application of Indonesian procedural law. However, the study persuasively argues that the inherent conflict between these two foundational principles creates substantial legal uncertainty and leads to disparate levels of protection for both creditors and heirs, underscoring a fundamental flaw in the current legal framework governing such complex international scenarios. In light of these critical findings, the study puts forth several well-considered recommendations that hold substantial value for policy-makers and legal scholars. These include the urgent need for harmonization of cross-border inheritance and bankruptcy laws, the adoption of international best practices such as the UNCITRAL Model Law on Cross-Border Insolvency, and the explicit inclusion of clearer *lex successionis* provisions within future revisions of the Indonesian Bankruptcy Law. This research not only highlights existing legal ambiguities but also provides a robust roadmap for achieving greater justice and legal certainty in cross-border debt inheritance and bankruptcy disputes, making it a significant contribution to the field of private international law in Indonesia.

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