Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal JUSTICIA SAINS: Jurnal Ilmu Hukum
Hilal Al Waris Sahim M
Universitas Muhammadiyah Buton
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Penyalahgunaan Mekanisme PKPU terhadap Debitur dalam Perspektif Hukum Kepailitan Indonesia Hendri Kusuma Wardani; Hilal Al Waris Sahim M
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 11, No 1 (2026): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v11i1.4952

Abstract

The Suspension of Debt Payment Obligations (PKPU) is principally intended as a restructuring instrument to maintain the debtor’s business continuity and protect the interests of all parties. However, in practice, the PKPU mechanism is often used by creditors as a means of pressure (abuse of process) to force debtors to accept disproportionate settlement schemes or even as a shortcut to bankruptcy. This study aims to analyze forms of PKPU abuse against debtors and to formulate a concept of legal protection for debtors within the Indonesian bankruptcy law system. The research method applied is normative legal research using statutory, conceptual, and case approaches through an examination of Law Number 37 of 2004, legal doctrines, and relevant commercial court decisions. The results show that PKPU regulation does not firmly restrict applications submitted without good faith, thereby opening space for the instrumentalization of PKPU. Therefore, interpretative reconstruction by judges and the strengthening of application selection norms are required to achieve a balance of interests between creditors and debtors based on the principles of good faith and substantive justice.
Co-Authors Hendri Kusuma Wardani