Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
VOLUME 5 ISSUE 1, JANUARY 2024

Penyelesaian Utang Debitur dalam Keadaan Insolven: Perspektif Hukum Positif dan Hukum Islam

Wahyuni, Wenni (Unknown)
Cahyani, Andi Intan (Unknown)
Suriyadi, Suriyadi (Unknown)
Anggara, Bayu (Unknown)



Article Info

Publish Date
04 Jan 2024

Abstract

This study discusses the settlement of debts of debtors who are insolvent from the perspective of positive law and Islamic law, in providing answers related to how to postpone debt payment obligations to insolvent debtors. This research is a library research with a juridical-normative approach. The sources of data used in this research are laws, the Qur'an and Sunnah, in addition to the method of data collection and data analysis by collecting various literature both books and journals then observing and analyzing the data which is the object of research and then providing conclusions. In this study it was found that the postponement of debt payment obligations to insolvent debtors according to Law no. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment is an alternative that can be taken by insolvent debtors who are certain to be unable to pay their debts so that the company is not bankrupted by the court on the condition that during the PKPU period the debtor must submit a peace plan in the form of an offer to pay the debt as a whole or some of its debts or can even restructure its debts to its creditors. Meanwhile, the perspective of Islamic law regarding the postponement of debt payment obligations to insolvent debtors is that this is mubah contained in the Word of Allah swt QS. al-Baqarah/2:280. in the verse it is said that if someone owes him in trouble then give a grace period until he gets relief.

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Journal Info

Abbrev

shautuna

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Shautuna: Jurnal Imiah Mahasiswa Perbandingan Mazhab adalah jurnal akademik yang telah menerbitkan karya ilmiah sejak tahun 2013. Jurnal ini diterbitkan oleh Program Studi Perbandingan Madzhab dan Hukum, Fakultas Syariah dan Hukum, UIN Alauddin Makassar. Jurnal ini disediakan untuk ...