Tenant Rights in Post-Bankruptcy Property Lease Agreements: A Legal Analysis of Curator-Controlled Rental Contracts

Abstract

Legal protection for tenants in the context of property owner bankruptcy in Indonesia remains inadequately regulated, despite the enactment of Law No. 37 of 2004. When a property owner is declared bankrupt, leased assets become part of the bankruptcy estate managed by the receiver to satisfy creditors' claims. This situation often raises legal issues, particularly concerning tenants’ rights to continue using the property until the lease term ends. This study aims to evaluate the validity of lease agreements post-bankruptcy and analyze the role of receivers and judicial considerations in resolving lease disputes. Using a normative juridical approach, this research examines primary and secondary legal materials. The findings reveal that bankruptcy alters the legal status of property owners and may threaten tenants’ rights. Inconsistent court decisions exacerbate legal uncertainty for tenants. However, tenants are recognized as concurrent creditors entitled to claims without specific time limitations for registration. This study emphasizes the necessity for clearer regulations to ensure the protection of tenants’ rights in bankruptcy cases.