Prinsip Equality Before The Law pada Putusan Mahkamah Konstitusi Nomor 23/PUU-XIX/2021 terhadap Judicial Review Pada Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang (PKPU) Perspektif Fikih Muamalah

Abstract

The Indonesian Constitution upholds the idea of equality before the law, which calls for both creditors and debtors to receive the same treatment under the law. However, in practice, this idea is not often put into practice, which leads the party who feels wronged to seek redress through the law. This research aims to find out how the implementation of the principle of equality before the law in the Constitutional Court Decision Number 23/PUU-XIX/2021 in general and based on the perspective of muamalah fiqh. This type of research is included in library research using a case approach. The results showed that the Constitutional Court Decision Number 23/PUU-XIX/2021 which issued a new provision, namely the existence of cassation legal remedies against PKPU decisions whose applications were filed by creditors and the rejection of peace offers from debtors, has been considered to apply the principle of equality before the law because thus the debtor can protect his right to continue his business when the creditor acts arbitrarily with the right to file a PKPU application he has. In addition, the granting of cassation legal remedies in the Constitutional Court Decision Number 23/PUU-XIX/2021 is following the principle of Al-Musawah or equality adopted in Sharia Economic Law because it creates willingness, justice, and truth or honesty which is a form of equal rights between the creditor and the debtor.