JHCLS
Vol. 6 No. 1 (2026): Journal of Human Rights, Culture and Legal System

Legal Protection of Creditors with Rejected Claims under Debt Payment Suspension Framework

Anis Mashdurohatun (Faculty of Law, Universitas Islam Sultan Agung Semarang, Semarang)
Jamaslin James Purba (Faculty of Law, Universitas Islam Sultan Agung Semarang, Semarang)
Edi Purwanto (Faculty of Law, Universitas Islam Sultan Agung Semarang, Semarang)
Gunarto Gunarto (Faculty of Law, Universitas Islam Sultan Agung Semarang, Semarang)
Henning Glaser (German-Southeast Asian Center of Excellence for Public Policy and Good Governance, Thammasat University, Bangkok)



Article Info

Publish Date
05 Apr 2026

Abstract

The legal framework governing the Suspension of Debt Payment Obligations facilitates equitable debt restructuring; however, it fails to provide adequate protection for creditors whose claims debtors reject because it lacks a clear dispute resolution mechanism that ensures legal certainty and upholds justice. This study applies a normative juridical method through statutory, conceptual, and analytical approaches. It constructs its theoretical foundation upon principles of justice, the normative values of Pancasila, and progressive legal thought in order to evaluate both normative coherence and substantive fairness. The results demonstrate that first, the current system fails to provide adequate legal protection for creditors because it does not establish a renvoi mechanism to resolve disputed claims within the process, which creates uncertainty in claim verification. Second, the system depends on the discretionary authority of the supervisory judge, which does not consistently produce fair and predictable outcomes for creditors. Third, the regulatory framework prioritizes procedural efficiency over the realization of substantive justice, thereby weakening the protection of creditor rights and indicating the need for legal reconstruction to develop a more balanced framework that ensures legal certainty, fairness, and effective dispute resolution.

Copyrights © 2026






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...