Nizar Numani, Ahmad (2025) Perbandingan Hukum Persyaratan Kepailitan Antara Indonesia Dan Malaysia. Other thesis, Universitas Islam Riau.

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Abstract

Indonesia and Malaysia have different legal systems, where Indonesia follows a civil law system while Malaysia follows common law. In terms of bankruptcy law, the regulations related to bankruptcy in Indonesia are governed by Law Number 37 of 2004, while bankruptcy in Malaysia is regulated by the Bankruptcy Act. There is a fundamental difference in the bankruptcy requirements between Indonesia and Malaysia, as in Malaysia, there is a minimum debt requirement to file for bankruptcy, whereas in Indonesia, there is no minimum debt requirement. This implies that creditors with debts as low as Rp. 1 (one Indonesian rupiah) can file for bankruptcy. The problem statement is How are Bankruptcy Requirements in Indonesia and Malaysia Based on Positive Law? And What Should be the Formulation Policy Related to Bankruptcy Requirements in Indonesia? The research objectives are to understand Bankruptcy Requirements in Indonesia and Malaysia Based on Positive Law and to identify the Legal Policy that should be related to Bankruptcy Requirements in Indonesia. The research method used by the researcher is normative legal research, while the nature of the research is descriptive-analytical. The research object of this study pertains to bankruptcy law in Indonesia and Malaysia. The research results indicate that the bankruptcy requirements in Indonesia are regulated by Article 2, paragraph (1) of Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, which include having two or more creditors, the existence of debt, at least one overdue and collectible debt. Meanwhile, in Malaysia, the bankruptcy requirements are governed by Article 5, paragraph 1, letters a, b, c, and d of the Insolvency Act 1967, along with its amendments, which include: the debtor owes a total of RM100,000 (for individual bankruptcy) or RM500,000 (for corporate bankruptcy under the Companies Act), the debt is a sum that must be paid immediately or at a specified future date, an act of bankruptcy has occurred within six months before the bankruptcy petition is filed, and the debtor has been domiciled in Malaysia for at least one year before the bankruptcy petition is submitted to the court. Therefore, The policy formulation regarding bankruptcy requirements in Indonesia should ideally include an increase in the minimum debt threshold to Rp. 1,000,000,000 (one billion Indonesian rupiahs) for filing a bankruptcy petition. This adjustment aims to provide legal protection to both debtors and creditors. Keywords: Bankruptcy, Debt, Indonesia, Malaysia

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