Rechtsnormen: Journal of Law
Vol. 4 No. 1 (2026)

Indonesian Bankruptcy Law From A Sociological Jurisprudence Perspective

Alfin Sulaiman (Universitas Trisakti)
Siti Nurbaiti (Universitas Trisakti)
Anna Maria Tri Anggraini (Universitas Trisakti)



Article Info

Publish Date
28 Feb 2026

Abstract

Background. Indonesian bankruptcy law under Law Number 37 of 2004 is formally designed as a technical mechanism for collective debt settlement, yet its application operates within a socio-cultural context that perceives insolvency as a moral failure and social stigma. Purpose. This study aims to analyze how Indonesian bankruptcy law functions as an instrument of social engineering when examined through the perspective of sociological jurisprudence, particularly in balancing creditor rights, business continuity, and broader socio-economic stability. Method. The research employs a normative legal method using statutory and conceptual approaches. Primary legal materials include bankruptcy legislation and relevant judicial decisions, while secondary materials consist of doctrinal writings on sociological jurisprudence and insolvency law. Results. The study finds that the suspension of debt payment mechanism contributes to the preservation of the social function of business entities by enabling courts to prioritize restructuring over liquidation, thereby supporting employment protection and macroeconomic stability. In practice, this is reflected in judicial tendencies to emphasize going concern considerations and consensual settlement during PKPU proceedings. Conclusion. This study offers a novel contribution by systematically positioning bankruptcy law as a form of institutionalized social engineering, demonstrating that integrating sociological considerations into judicial interpretation and normative reform is essential for transforming bankruptcy law from a liquidation-centered mechanism into a constructive instrument for economic resilience and social justice.

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Journal Info

Abbrev

rjl

Publisher

Subject

Description

Rechtsnormen: Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on ...