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All Journal Journal Customary Law
Dwi Kusumo Wardhani
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Problematic of Bankruptcy Offenses in Affirming the Parameters Between Business Failure and Fraudulent Bankruptcy in Indonesia Lalu Bayu; Dwi Kusumo Wardhani
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5786

Abstract

Bankruptcy criminal offenses are legal instruments that function to maintain trust in economic activities and to protect the interests of creditors from fraudulent acts by debtors. In the Indonesian legal system, regulations concerning bankruptcy are related to Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, which is oriented towards civil and procedural aspects, as well as the National Criminal Code through Law Number 1 of 2023, which links criminal liability to bankruptcy conditions, including for business actors and corporations. Nevertheless, these regulations still give rise to fundamental problems in the form of a normative gap regarding the absence of clear parameters to distinguish between legitimate business failure and bankruptcy involving elements of fraud. This normative gap has implications for legal uncertainty in determining the limits of criminal liability, and it has the potential to lead to the criminalization of entrepreneurs acting in good faith or to suboptimal law enforcement against fraudulent acts in bankruptcy. This research aims to (1) analyzing the normative gaps in the regulation of criminal bankruptcy offenses related to the distinguishing parameters between business risk and criminal acts, as well as (2) Studying the concept of reforming bankruptcy criminal offenses in a fair manner within the Indonesian legal system. The research method used is normative juridical with a statutory approach and a conceptual approach. Therefore, it is necessary to add and reinforce regulations regarding indicators of bad faith as well as distinguishing parameters between business failure and fraudulent bankruptcy, accompanied by the development of an adaptive and proportional law enforcement mechanism, in order to realize legal certainty and justice within the bankruptcy legal system.
Reconstruction of the Business Legal System in Encountering the Complexity of Maritime Goods Distribution Disputes Including Business Competition, Transportation Responsibility and Problematic Receivables Le Nie; Dwi Kusumo Wardhani
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5806

Abstract

The study aims to analyze and reconstruct the business legal system in addressing the complexity of maritime goods distribution disputes in Indonesia, involving aspects of business competition, transportation liability, and problem receivables. The research employs a normative juridical approach, combining statutory and conceptual perspectives through a review of norms in the Civil Code, the Commercial Code, and Law Number 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition. The results indicate disharmony and conflicting norms between legal regimes, leading to legal uncertainty and weak protection for business actors, particularly distributors in the maritime distribution chain. Empirical issues such as violations of distribution areas, price wars, damage to goods by porters, and problem receivables with disproportionate payment schemes demonstrate that existing law is not yet adaptive to modern business practices. Therefore, an integrative reconstruction of the business legal system is necessary through regulatory harmonization, which strengthens the principles of justice and legal certainty, and establishes a regulatory model capable of accommodating the interrelationships between contracts, transportation, business competition, and financing
Co-Authors Lalu Bayu Le Nie