Petitioner attending the petition revision hearing of Case No. 34/PUU-XXIV/2026 on the material judicial review of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, Tuesday (10/2). Photo by MKRI/Bay.

---

Jakarta (MKRI) - Yuli Chandra Dewi, whose husband was declared bankrupt by the Commercial Court, delivered a revised Petition No. 34/PUU-XXIV/2026 to the Constitutional Court on Tuesday, February 10, 2026, seeking a material judicial review of Article 23 and Article 64 paragraph (1) of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (Bankruptcy Law). Yuli said her petition focuses on the phrase “communal property” in both provisions.

“The norms being reviewed conflict with the benchmarks set by the 1945 Constitution of the Republic of Indonesia,” said the Petitioner’s legal counsel, Virza Royhizzal, at the petition revision hearing in the courtroom.

In her petitum, the Petitioner asks the Court to declare that the phrase “communal property” in Article 23 of the Bankruptcy Law is contrary to the 1945 Constitution and has no binding legal force insofar as it is not interpreted to mean: “Debts of a husband or wife within a communal regime are treated as grounds for bankruptcy only if those debts were incurred with the consent of both parties.” She also asks the Court to declare that the phrase “communal property” in Article 64 paragraph (1) of the same law is unconstitutional and non-binding unless interpreted in the same way: “Debts of a husband or wife within a communal property regime are treated as grounds for bankruptcy only if those debts were incurred with the consent of both parties.”​​

Also read:

Husband Declared Bankrupt, Wife Challenges Community Property Bankruptcy Rules

 

 

During the preliminary hearing held on Wednesday, January 28, 2026, the Petitioner challenged three articles, including Article 64 paragraph (2) of the Bankruptcy Law. However, in the revised petition, the article is removed.

Yuli, the Petitioner, argued that these provisions allow a unilateral debt agreement by one spouse to produce legal consequences for the couple’s communal property. Prior to marriage, Yuli had operated a foreign exchange business since 1983. After entering into marriage, Yuli continued the business with her husband, Rachmat Agung Leonardi, and the business grew to the extent that her assets and those of her husband were combined into communal property.

In March 2023, however, the Commercial Court of the Surabaya District Court issued a ruling declaring Rachmat Agung Leonardi bankrupt, with all attendant legal consequences, and ordering a suspension of debt payment obligations. Yuli maintains that the debt in question was incurred without her consent and that she was neither named as a party in the proceedings nor mentioned in the operative part of the judgment as a bankrupt party.

In the supervising judge’s order, the communal property within marriage was treated as part of the bankruptcy estate (the entirety of the bankrupt debtor’s assets—individual or corporate—declared bankrupt by the Commercial Court, which are subject to general seizure and administered and liquidated by a receiver to repay creditors). The debt itself, however, was incurred without the wife’s consent, leaving the Petitioner without any opportunity to defend herself or safeguard her constitutional rights.

The resulting loss took the form of deprivation of the Petitioner’s rights over communal property due to the application of Article 23 and Article 64 paragraphs (1) and (2) of the Bankruptcy Law, which automatically draws communal property, including the Petitioner’s share, into her husband’s bankruptcy estate. According to the Petitioner, prevailing legal norms in bank lending require spousal consent under the Marriage Law.

The curator has issued a list of fixed claims against the Petitioner’s husband in the bankruptcy case, totaling more than Rp514 billion. The curator has also assumed control of all of the husband’s assets, including joint marital property, and has announced a second auction of those assets.

For reference, Article 23 of the Bankruptcy Law reads: “The term of Bankrupt Debtor as referred to in Article 21 and Article 22 shall include the spouse of the bankrupt debtor, who has been married in communal property.” Article 64 paragraph (1) stipulates: “The term of Bankrupt Debtor as referred to in Article 21 and Article 22 shall include the spouse of the bankrupt debtor, who has been married in communal property.” Article 64 paragraph (2) provides: “Without prejudice to the exception provided in Article 25, the bankruptcy shall include anything in the communal property and the bankruptcy shall be for the benefit of all Creditors who have a claim in respect of the communal property.”

Case tracking: Petition No. 34/PUU-XIV/2026

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Fauzan Febriyan

Translator: Rizky Kurnia Chaesario

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

---