REFORMASI SISTEM KEPAILITAN INDONESIA DALAM PERSPEKTIF KEADILAN RESTORATIF DAN KEPASTIAN HUKUM BAGI KREDITOR DAN DEBITOR

Abstract

This study aims to analyze the need for bankruptcy system reform in Indonesia by emphasizing the balance between legal certainty and restorative justice for creditors and debtors. The current bankruptcy system is considered to still create inequality due to its overly formalistic procedures and failure to fully consider the debtor's economic condition. The research method used is normative legal research with a statutory, conceptual, and comparative approach. The data used are derived from primary and secondary legal materials analyzed qualitatively to find an ideal model for bankruptcy reform in Indonesia. The results show that the provisions of Law Number 37 of 2004 have not fully guaranteed fairness and efficiency in resolving bankruptcy disputes. The absence of a debt repayment capacity test, weak oversight mechanisms for curators, and inconsistent court decisions are major obstacles to the implementation of the principle of legal certainty. The ideal reform is the implementation of a bankruptcy system based on restorative justice, which positions the bankruptcy process as a means of recovery, not punishment. Reforming norms through insolvency tests, increasing the capacity of commercial court institutions, and strengthening mediation mechanisms and digital transparency are necessary to make the bankruptcy system fairer, more transparent, and more oriented towards national economic recovery.