JURNAL USM LAW REVIEW
Vol. 9 No. 2 (2026): JUNE

Abuse of Process in Extreme Grace Period Clauses in Debt Suspension Settlements

Norman David (Faculty of Law, Universitas Indonesia, Jakarta, Indonesia)



Article Info

Publish Date
29 Apr 2026

Abstract

This study aims to analyze the legal construction of extreme grace period clauses in Suspension of Debt Payment Obligations (PKPU) settlement proposals and to assess whether such clauses constitute abuse of process despite formal procedural compliance. Using doctrinal legal research with statutory and conceptual approaches, this study examines Law Number 37 of 2004 and develops a normative framework based on proportionality, good faith, and creditor protection through qualitative interpretive analysis. The findings reveal a critical normative gap in Indonesian insolvency law, namely the absence of clear parameters governing the reasonableness of grace periods, which enables debtors to strategically design excessively long and selectively applied deferral clauses that disproportionately burden non-dominant creditors. Although formally validated through the PKPU voting mechanism and homologation process, such clauses undermine the substantive objective of PKPU as a balanced collective restructuring instrument by eroding the economic value of creditor claims. This study establishes that extreme grace period clauses may be classified as a structural form of abuse of process when they exploit procedural legitimacy to achieve substantively unjust outcomes. The novelty of this research lies in conceptualizing extreme grace period clauses as a distinct doctrinal category within the abuse of process framework in Indonesian bankruptcy law, as well as in developing operational indicators—proportionality, non-discrimination, and compensatory mechanisms—for assessing their legality. The study contributes theoretically by advancing a shift from procedural legality to substantive justice in insolvency law, and practically by proposing proportionality-based judicial review and regulatory reform to strengthen creditor protection and ensure the integrity of the PKPU mechanism.

Copyrights © 2026






Journal Info

Abbrev

julr

Publisher

Subject

Social Sciences

Description

Journal USM LAW REVIEW (JULR) is an academic journal for Legal Studies published by Master of Law, Semarang University. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches ...