Ius Constituendum: Sharia Commercial Court as a Settlement Venue for Sharia Bankruptcy Petitions in Indonesia

Ius Constituendum; Syariah Commercial Court; Syariah Bankruptcy.

Authors

6 July 2025
1 August 2025

This study plays a crucial role in advancing legal science and offering insights into both the theoretical and practical dimensions of bankruptcy law in Indonesia.This importance is underscored by the existing legal gaps and the duality of authority concerning adjudication between the District Court and the Religious Court, particularly evident at the empirical level. The aim of this study is to describe the urgency of establishing a Sharia Commercial Court as a place to resolve al-taflis in Indonesia, through a review of the Maslahah Theory and Progressive Legal Theory. This study applies the Doctrinal Method, which is a concept of research method which is a synthesis of values, principles, and theories that are relevant to the research. The results of the study indicate that there needs to be an amendment and integration of the Bankruptcy Law by accommodating sharia principles to create new norms and giving authority to the Sharia Commercial Court to examine and adjudicate bankruptcy applications, namely with the Judicial Review strategy at the Constitutional Court or Legislative Institution.