JUSTICIA SAINS: Jurnal Ilmu Hukum
Vol 11, No 1 (2026): JUSTICIA SAINS: Jurnal Ilmu Hukum

Penyalahgunaan Mekanisme PKPU terhadap Debitur dalam Perspektif Hukum Kepailitan Indonesia

Hendri Kusuma Wardani (Universitas Muhammadiyah Buton)
Hilal Al Waris Sahim M (Universitas Muhammadiyah Buton)



Article Info

Publish Date
30 Jun 2026

Abstract

The Suspension of Debt Payment Obligations (PKPU) is principally intended as a restructuring instrument to maintain the debtor’s business continuity and protect the interests of all parties. However, in practice, the PKPU mechanism is often used by creditors as a means of pressure (abuse of process) to force debtors to accept disproportionate settlement schemes or even as a shortcut to bankruptcy. This study aims to analyze forms of PKPU abuse against debtors and to formulate a concept of legal protection for debtors within the Indonesian bankruptcy law system. The research method applied is normative legal research using statutory, conceptual, and case approaches through an examination of Law Number 37 of 2004, legal doctrines, and relevant commercial court decisions. The results show that PKPU regulation does not firmly restrict applications submitted without good faith, thereby opening space for the instrumentalization of PKPU. Therefore, interpretative reconstruction by judges and the strengthening of application selection norms are required to achieve a balance of interests between creditors and debtors based on the principles of good faith and substantive justice.

Copyrights © 2026






Journal Info

Abbrev

hkm

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JUSTICIA SAINS: Jurnal Ilmu Hukum [E-ISSN: 2502-1788; P-ISSN: 2527-4201] is the Journal of Legal Studies published by the Faculty of Law of Universitas Sang Bumi Ruwa Jurai, Lampung, Indonesia. Its main aim to disseminate critical and original analysis from researchers and academic practitioners on ...