The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime
The Indonesian bankruptcy regime tends to be harsh to the debtors, especially the individual debtors. In contrast, the creditors possess the right to pursue the debtor’s outstanding debts even after the bankruptcy process. For that reason, this article aims to argue why it is rational for the Indo...
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Sriwijaya University
2022-01-01
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| Series: | Sriwijaya Law Review |
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| Online Access: | https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/928 |
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| author | Robert Robert Rosa Agustina Bismar Nasution |
| author_facet | Robert Robert Rosa Agustina Bismar Nasution |
| author_sort | Robert Robert |
| collection | DOAJ |
| description | The Indonesian bankruptcy regime tends to be harsh to the debtors, especially the individual debtors. In contrast, the creditors possess the right to pursue the debtor’s outstanding debts even after the bankruptcy process. For that reason, this article aims to argue why it is rational for the Indonesian government to implement a debt discharge policy in the Indonesian bankruptcy regime. This article employs a normative research method, using a conceptual and comparative approach. The result of this study is based on the debtor cooperation theory and the humanitarian theory of debt discharge. Hence, it is rational for the Indonesian government to implement a debt discharge policy for individual debtors. The first and second Sila of Pancasila is also in line with these theories. Consequently, as a member of society, the individual debtor should be treated with dignity and humane values, which includes debt forgiveness. Nevertheless, not every debtor is deserves to be discharged from his debts. Therefore, it is rational for the Indonesian government to implement the debt discharge policy in the amendment of Indonesian bankruptcy law to protect the honest but unfortunate individual debtors. |
| format | Article |
| id | doaj-art-c408965290a641aa9d1de1486e54fedc |
| institution | Kabale University |
| issn | 2541-5298 2541-6464 |
| language | English |
| publishDate | 2022-01-01 |
| publisher | Sriwijaya University |
| record_format | Article |
| series | Sriwijaya Law Review |
| spelling | doaj-art-c408965290a641aa9d1de1486e54fedc2025-08-24T02:36:03ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642022-01-016110.28946/slrev.Vol6.Iss1.928.pp101-121405The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy RegimeRobert Robert0Rosa Agustina1Bismar Nasution2Doctoral Program in Law, Universitas Indonesia, Jakarta, IndonesiaFaculty of Law, Universitas Indonesia, Jakarta, IndonesiaFaculty of Law, Universitas Sumatera Utara, Medan, IndonesiaThe Indonesian bankruptcy regime tends to be harsh to the debtors, especially the individual debtors. In contrast, the creditors possess the right to pursue the debtor’s outstanding debts even after the bankruptcy process. For that reason, this article aims to argue why it is rational for the Indonesian government to implement a debt discharge policy in the Indonesian bankruptcy regime. This article employs a normative research method, using a conceptual and comparative approach. The result of this study is based on the debtor cooperation theory and the humanitarian theory of debt discharge. Hence, it is rational for the Indonesian government to implement a debt discharge policy for individual debtors. The first and second Sila of Pancasila is also in line with these theories. Consequently, as a member of society, the individual debtor should be treated with dignity and humane values, which includes debt forgiveness. Nevertheless, not every debtor is deserves to be discharged from his debts. Therefore, it is rational for the Indonesian government to implement the debt discharge policy in the amendment of Indonesian bankruptcy law to protect the honest but unfortunate individual debtors.https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/928BankruptcyDebt dis-chargeIndividual DebtorsIndonesia. |
| spellingShingle | Robert Robert Rosa Agustina Bismar Nasution The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime Sriwijaya Law Review Bankruptcy Debt dis-charge Individual Debtors Indonesia. |
| title | The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime |
| title_full | The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime |
| title_fullStr | The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime |
| title_full_unstemmed | The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime |
| title_short | The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime |
| title_sort | rationalization of debt discharge policy for individual debtors in indonesian bankruptcy regime |
| topic | Bankruptcy Debt dis-charge Individual Debtors Indonesia. |
| url | https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/928 |
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