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All Journal Media Iuris Al-Muamalat : Jurnal Ekonomi Syariah
Muhammad Fitratallah Dahlan
Hasanuddin University
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Reassessing Creditor-Initiated Debt Restructuring in Indonesia through the Islamic Law Concept of Taʿassur Muhammad Fitratallah Dahlan; Dewi Mayaningsih; Beny Saputra; Muhammad Aswan; Etty Mulyati
Al-Muamalat Vol. 13 No. 1 (2026): January
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v13i1.54578

Abstract

This study aims to examine Indonesia’s Suspension of Debt Payment Obligations (PKPU) through the Islamic legal concept of taʿassur (financial distress), focusing on the operation of the current framework as a genuine distress-based restructuring mechanism or creditor-driven outcomes. Even though existing studies have analyzed PKPU from doctrinal and procedural perspectives, limited attention has been given to the evaluation through an integrated Islamic insolvency framework, particularly in relation to debtor capacity and proportionality. A normative juridical method is adopted with statutory, conceptual, and comparative approaches. Furthermore, legislation, selected commercial court decisions, and classical Islamic jurisprudence are analyzed using qualitative doctrinal reasoning. The results show that the absence of a substantive financial-distress test and limited judicial scrutiny permit creditor-initiated PKPU proceedings to contribute to inefficient liquidation, even though Article 222(1) sets out basic eligibility requirements. Insolvency mechanisms should incorporate proportionality, feasibility, and debtor-capacity assessment by applying taʿassur as a normative evaluative framework. This study contributes to insolvency law theory by operationalizing Islamic jurisprudential principles into modern restructuring standards and offers policy implications, including the need for distress-based entry criteria, enhanced judicial oversight, and proportionality-based evaluation of creditor decisions, to support a more balanced and sustainable regime in Indonesia.
Pawn Agreements in the Perspective of Customary Law: Implementation of Customary Law Principles in Kajang Community Nuragifah Taheriah; Kahar Lahae; Muhammad Fitratallah Dahlan; Engki Fatiawan
Media Iuris Vol. 9 No. 3 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i3.84461

Abstract

Agreements have different characteristics between customary and civil law, based on the principles of kinship, balance, and communal justice. A form of agreement that remains practiced among indigenous community is land pawning, known as pasanra in Kajang community. Therefore, this study aimed to analyze pawn agreements from the perspective of customary law by focusing on the implementation of customary law principles, such as the principle of togetherness, trust, balance, and justice. A juridical-sociological method was adopted by combining normative studies of customary law and empirical practices in Kajang community. The results showed that pawn agreement in Kajang community was not just a contractual relationship, but a means of maintaining social solidarity and the sustainability of community life. Its enactment was based on consensus and customary recognition, where religio-magical values also influenced the legal process and consequences. These results confirmed that the principles of customary law remained relevant in treaty practice, as well as evidence of the flexibility and resilience in dealing with the development of national law.
Co-Authors Beny Saputra Engki Fatiawan Etty Mulyati Kahar Lahae Mayaningsih, Dewi Muhammad Aswan Nuragifah Taheriah