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All Journal Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Anas Lutfi
Faculty of Law, Universitas Al-Azhar Indonesia, Jakarta, Indonesia
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Does the Going Concern Principle Provide a Sense of Justice for Debtors in Bankruptcy? Aris Machmud; Anas Lutfi
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 6 No. 3 (2026): August
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v6i3.3543

Abstract

The principle of sustainability (going concern) must create a mutual understanding of the parties in resolving business disputes, debts, and receivables. The principle of good faith in an obligatory agreement guarantees legal certainty for the parties. Failing to meet obligations in a commercial deal does not automatically lead to insolvency, since bankruptcy is viewed as a final option. This study aims to investigate how the going concern principle is applied to debtor organizations within Indonesia’s bankruptcy framework. The methodology follows a normative juridical model, relying on a statutory approach along with prescriptive analysis, and incorporates pertinent primary and secondary legal materials. The results show that there are disharmony and inconsistency of bankruptcy regulations and the Company Law related to the settlement of debtor assets and universal bankruptcy principles, so that a renewal of bankruptcy law is needed, one of which is related to the concept of going concern in bankruptcy considerations through the solvency approach of debtor entities. Creditors can file for bankruptcy if the debtor’s financial statements receive a going concern audit opinion from the auditor because it more accurately describes the company’s health condition. Therefore, the bankruptcy process must consider the going concern principle so that it can provide justice to debtors and creditors in resolving their business disputes.
Co-Authors Machmud, Aris