AL-SULTHANIYAH
Vol. 14 No. 2 (2025): AL-SULTHANIYAH

Penerapan Keadilan dalam Penafsiran Unsur Pembuktian Tidak Sederhana Pada Pengembang (Developer) Selaku Debitor Pailit dalam Rangka Melindungi Kepentingan Hukum Kreditor

Hermawan, Vincent (Unknown)
Adam, Richard C. (Unknown)



Article Info

Publish Date
07 Dec 2025

Abstract

This study analyzes the application of justice in the interpretation of the not-simple proof element in developer bankruptcy cases to protect both debtor and creditor legal interests. Using normative legal research with conceptual and statutory approaches, the study finds a shift in court decisions from legal formalism to substantive justice, particularly since the issuance of Supreme Court Circular Letter No. 3 of 2023. This change effectively protects developers from premature bankruptcy, in line with legal theories of Radbruch and Aristotle and global trends of prioritizing business continuity. However, this shift paradoxically creates a legal dilemma for creditors, who lose access to a quick and efficient mechanism for debt settlement, thus compromising their legal certainty and benefits. This research concludes that a balance between protecting both parties is a crucial issue, and future studies should explore alternative dispute resolution mechanisms to ensure a more equitable and efficient legal system for all stakeholders.

Copyrights © 2025






Journal Info

Abbrev

al-sulthaniyah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

AL-SULTHANIYAH focuses on studies in the fields of Sharia, Law, Politics & Government. The scope of study of AL-SULTHANIYAH includes: basic principles of jurisprudence, private law, criminal law, procedural law, economics and business law, constitutional law, state administrative law, international ...