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All Journal Inicio Legis : Jurnal Hukum
Lucky Dafira Nugroho
Universitas Trunodjoyo Madura
Humanities Law, Crime, Criminology & Criminal Justice

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Abuse of Bankruptcy Petitions as an Anti-Competitive Instrument in Indonesia Muhammad Sulton Ibnu Aulia Adhan; Lucky Dafira Nugroho
Inicio Legis Fakultas Hukum Universitas Trunojoyo Madura Vol 7, No 1 (2026): Juni
Publisher : Fakultas Hukum Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/il.v7i1.36336

Abstract

Indonesian bankruptcy law is formalistic because applications may be granted when requirements are proven, without an insolvency test. This creates opportunities to pressure competitors, while competition law has not addressed such conduct. This study identifies abuse of bankruptcy applications as anti-competitive instruments and formulates a regulatory model. It employs research with statutory, conceptual, and comparative approaches to the Netherlands, Germany, and United States. Comparative analysis shows that judges may assess purposes from outset, whereas Indonesian law does not provide this authority. Three modes are identified: tactical applications, bankruptcy threats as bargaining power, and exploitation of simple evidentiary requirements. The proposed model includes insolvency tests, good-faith requirements, pretrial screening, sanctions, a public register, and institutional harmonization between bankruptcy and competition regimes.
Co-Authors Muhammad Sulton Ibnu Aulia Adhan