Al-Muamalat : Jurnal Ekonomi Syariah
Vol. 13 No. 1 (2026): January

Reassessing Creditor-Initiated Debt Restructuring in Indonesia through the Islamic Law Concept of Taʿassur

Muhammad Fitratallah Dahlan (Hasanuddin University)
Dewi Mayaningsih (Universitas Islam Negeri Sunan Gunung Djati Bandung)
Beny Saputra (Central European University (CEU))
Muhammad Aswan (Hasanuddin University)
Etty Mulyati (Padjadjaran University)



Article Info

Publish Date
13 Jun 2026

Abstract

This study aims to examine Indonesia’s Suspension of Debt Payment Obligations (PKPU) through the Islamic legal concept of taʿassur (financial distress), focusing on the operation of the current framework as a genuine distress-based restructuring mechanism or creditor-driven outcomes. Even though existing studies have analyzed PKPU from doctrinal and procedural perspectives, limited attention has been given to the evaluation through an integrated Islamic insolvency framework, particularly in relation to debtor capacity and proportionality. A normative juridical method is adopted with statutory, conceptual, and comparative approaches. Furthermore, legislation, selected commercial court decisions, and classical Islamic jurisprudence are analyzed using qualitative doctrinal reasoning. The results show that the absence of a substantive financial-distress test and limited judicial scrutiny permit creditor-initiated PKPU proceedings to contribute to inefficient liquidation, even though Article 222(1) sets out basic eligibility requirements. Insolvency mechanisms should incorporate proportionality, feasibility, and debtor-capacity assessment by applying taʿassur as a normative evaluative framework. This study contributes to insolvency law theory by operationalizing Islamic jurisprudential principles into modern restructuring standards and offers policy implications, including the need for distress-based entry criteria, enhanced judicial oversight, and proportionality-based evaluation of creditor decisions, to support a more balanced and sustainable regime in Indonesia.

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Journal Info

Abbrev

mua

Publisher

Subject

Humanities Economics, Econometrics & Finance Social Sciences

Description

Al-Muamalat: Jurnal Ekonomi Syariah is a journal that focuses on the development of Islamic Economics. The journal comprehensively examines various aspects of current and emerging laws and economics relevant to the field. The journal board welcomes articles from scholars, professionals, researchers, ...