October 12, 2025JIHKOpen Access

The Urgency of Implementing the Insolvency Test in Bankruptcy Cases in Indonesia

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The research emphasizes the need for an insolvency test to prevent solvent debtors from being wrongfully declared bankrupt.
Analysis revealed that judges in some cases have begun applying the insolvency test concept despite the lack of formal regulations.
Normative research found applying an insolvency test aligns with the principles of bankruptcy, advocating for fair outcomes in debt resolution.
Implementing an insolvency test could reform the current bankruptcy process, ensuring only truly insolvent debtors are declared bankrupt.

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Research highlights the urgency of the insolvency test in bankruptcy cases, suggesting it enhances judicial decision-making.

Lembang et al. (2024) studied this question.

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