Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Al-Muamalat : Jurnal Ekonomi Syariah
Beny Saputra
Central European University (CEU)
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
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.
Preventing Illegal Levies in Senior High School Public Services: Assessing the Role of the Anti-Extortion Task Force in Jambi Province Hartati Hartati; Erwin Erwin; Fitria Fitria; Beny Saputra
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no2.4567

Abstract

This study examines the effectiveness of the Saber pungli Task Force in preventing illegal levies in senior high school public services in Jambi Province using an empirical legal (socio-legal) approach with qualitative methods. Data were collected through in-depth interviews with task force members, school administrators, teachers, and other education stakeholders, supported by regulations, reports, and institutional records. The findings indicate that, although the task force has adequate institutional authority to implement prevention and enforcement measures, its effectiveness remains constrained by structural and cultural challenges, including weak internalization of anti-corruption values in schools, low public reporting, and limited participatory oversight. The study recommends strengthening complaint mechanisms, integrating anti-corruption policies into school governance, and improving legal literacy among education stakeholders. These findings contribute to the development of clean education governance and collaborative corruption prevention at the regional level.
Co-Authors Erwin Erwin Etty Mulyati Fitria Fitria Hartati Hartati Mayaningsih, Dewi Muhammad Aswan Muhammad Fitratallah Dahlan