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Eva Agustina

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study focuses on the elements of gharar (uncertainty), tadlis (fraud), and breach of contract in examining multiple transactions of a single land object from the standpoint of Islamic economic law. The rising frequency of disagreements over land purchases and sales brought on by the same seller engaging in overlapping transactions, unclear ownership status, and a lack of transparency has prompted this research. This study aims to investigate the effects of these activities on Indonesian positive law and Islamic economic law. This case study employed an empirical legal approach and was carried out in Grogol Village, Tulangan District, Sidoarjo Regency. Data was gathered through observation, interviews, and documentation by the buyer, seller, and local authorities. The findings indicate that due to unclear land boundaries and ownership status, the transaction contained significant elements of gharar and tadlis because the seller concealed important information about the previous transaction. Furthermore, the seller's failure to fulfill obligations stipulated in the contract constitutes a breach of contract under positive law. This study demonstrates that these practices not only violate legal regulations but also contradict the principles of Islamic economic law such as justice, transparency, and good faith. According to this study, legal awareness, administrative accuracy, and institutional oversight are vital to prevent such issues in the future.

Allaysha Adindaputri Kirani; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze e-commerce strategies in selecting applicable law and jurisdiction to avoid conflicts of jurisdiction in cross-border transactions. This study employs a normative legal method using legislative, conceptual, and comparative approaches to analyze the selection of applicable law and jurisdiction in cross-border e-commerce transactions. The data used consists of primary and secondary legal materials collected through a literature review. The analysis was conducted qualitatively using descriptive-analytical and legal interpretation methods, as well as deductive reasoning to formulate strategies for minimizing jurisdictional conflicts. The research findings indicate that the application of the principle of freedom of contract, combined with international instruments and digital technology, can serve as an effective strategy for e-commerce actors to minimize jurisdictional conflicts and litigation risks. This strategy not only provides legal protection, particularly for SMEs, but also enhances the trust of global partners and competitiveness in the international market through the use of clear contract clauses, hybrid forums, and technological support such as blockchain and ODR.

Sri Yulianty Mozin; Hardiyanto Hardiyanto; Syarifah Arkani

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid advancement of digital technology has fundamentally altered the landscape of public governance, compelling local governments to adapt and embrace digital transformation. This study investigates the challenges and opportunities faced by local governments in Indonesia in implementing digital governance transformation within the framework of Society 5.0. Using a systematic literature review and case study methodology, this research analyzes governance transformation policies, institutional readiness, digital infrastructure, and human resource capacity across selected Indonesian regional governments. The findings reveal that while significant opportunities exist including enhanced public service delivery, improved transparency, citizen participation, and inter-agency coordination substantial challenges persist in digital infrastructure disparities, limited human resource capacity, regulatory ambiguity, and cybersecurity vulnerabilities. The study identifies five critical success factors for effective digital governance transformation: strong political commitment, adequate digital infrastructure investment, comprehensive human resource development, adaptive regulatory frameworks, and inclusive citizen engagement mechanisms. This research contributes to the theoretical discourse on e-government and digital governance in the context of developing countries, while offering practical policy recommendations for local governments navigating the transition to Society 5.0. The implications extend to policymakers, practitioners, and scholars engaged in public administration reform in the digital age.

Kearen Elvira Naftali; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This practice is essentially based on clauses in employment contracts intended to prevent employees from resigning before the contract term expires. However, from a legal perspective, this practice raises challenges regarding the validity of employment contracts and the legal protections afforded to employees. The objective of this study is to evaluate the validity of the diploma retention practice through the lens of labor law and civil law, as well as to explore the types of legal protections that may be available to employees. The research methodology employed is a normative legal approach, utilizing a legal and conceptual framework, and supported by a literature review of primary and secondary legal sources. This analysis emphasizes the principles of contract law, labor protection principles, and relevant human rights standards. The research findings indicate that the practice of withholding diplomas lacks a clear legal basis under Indonesian law and potentially violates the criteria for the validity of contracts, particularly regarding the abuse of circumstances (misbruik van omstandigheden). Furthermore, this practice can be categorized as an illegal act because it infringes upon workers’ property rights and their freedom to seek employment. Legal protection for workers can be facilitated through preventive strategies, such as strengthening labor regulations and oversight, as well as through enforcement actions, including civil litigation and the resolution of industrial disputes.

Ketut Suryawan; Ni Putu Rai Yuliartini; Dewa Gede Sudika

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to examine and analyze the phenomenon of speeding and illegal racing, which poses a significant threat to traffic safety within the legal jurisdiction of the Buleleng Resort Police (Polres Buleleng). The study employs empirical legal research methods, gathering primary data through observations and interviews with traffic police officers, alongside secondary data from legal literature and previous studies. The findings indicate that the speeding phenomenon in Buleleng is predominantly carried out by teenagers and young adults, often motivated by social media trends, peer pressure, and the search for identity. This reckless behavior leads to a high rate of traffic accidents, frequently resulting in severe injuries or fatalities. Furthermore, law enforcement efforts by Polres Buleleng face several challenges, including the high mobility of the perpetrators, lack of personnel during specific hours, and low legal awareness among the public. Preventive measures such as counseling in schools and repressive measures like electronic traffic law enforcement (E-TLE) and routine patrols need to be optimized. This study concludes that an integrated approach involving the police, educational institutions, and parents is crucial to mitigating the speeding phenomenon and ensuring traffic safety.

Teguh Eka Prasetya; Zahra Shoibatun; Iman Nur Hidayat; Rashda Diana

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia is a country rich in cultural diversity, one of which is Javanese culture which is full of philosophical values ​​and symbolic meanings in every practice, including in the traditional wedding procession. One of the important rituals in Javanese traditional weddings is the Panggih Manten ritual, which represents the meeting between the bride and groom with various symbols of life, hope and blessings. Along with the development of the times and the flow of modernization, people's understanding of the philosophical meaning of the ritual has shifted. Some people still carry out this tradition as a hereditary custom without understanding the values ​​contained in it, even giving rise to debates regarding its suitability with Islamic teachings. This study aims to analyze the practice of the Panggih Manten ritual in Javanese traditional wedding traditions and review its suitability with the 'Urf argument in Islamic law. The research method used is qualitative with a juridical-normative approach, while the research location was carried out in Pengkol village, Mantingan District. The results of the study show that the Panggih Manten ritual is basically acceptable in Islamic law as long as it does not conflict with the principles of sharia. Based on analysis from the perspective of al-'urf, several aspects of the Panggih Manten ritual, such as muter asem (the act of making offerings), and the belief in disasters, contain elements that are inconsistent with Islamic law and could potentially lead to idolatry, thus being categorized as al-'urf al-fāsid. Therefore, the Panggih Manten tradition can be preserved through reinterpretation of its meaning and the elimination of elements that contradict Islamic teachings, thus aligning it with Islamic principles.

Muhammad Furqon Thoyzar. RH

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal accountability of the Board of Directors of PT. Humpuss Intermoda Transportasi in relation to ultra vires conduct, with particular reference to Court Ruling No. 439/Pdt.G/2011/PN.JKT.SEL. Employing a normative-doctrinal legal methodology supported by statutory and comparative analyses, this research investigates the standard of director liability within Indonesian company law and contrasts it with the English ultra vires framework. Indonesia's Limited Liability Company Act (Law No. 40 of 2007) establishes that directors bear full accountability for corporate actions performed within the boundaries set by the Articles of Association and prevailing regulations; any action exceeding such boundaries constitutes an ultra vires act that is void ab initio and non-binding upon the company. Research findings reveal that the directors of PT. Humpuss Intermoda Transportasi overstepped their authority when they issued the Linsen Corporate Guarantee and the Nelson Corporate Guarantee without the mandatory written consent of the Board of Commissioners, thereby contravening Article 13(1) of the Company's Articles of Association and Articles 92(1) and 97(2) of Law No. 40 of 2007. The South Jakarta District Court consequently imposed joint and several personal liability on the said directors. A comparative review discloses that Indonesia maintains a more rigid application of the ultra vires doctrine relative to England, whose Companies Act 2006 introduced a good-faith-based flexibility that effectively confines ultra vires liability to situations where directors act dishonestly and cause demonstrable corporate harm. Notwithstanding this divergence, the directors' actions in the present case would equally qualify as ultra vires under English law given the verified prejudice inflicted on the company.

Aryanti Agripina Winata; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal regulation of joint ventures in Indonesia as a form of Foreign Direct Investment (FDI) implemented through Limited Liability Companies based on Law Number 25 of 2007 concerning Investment, Law Number 40 of 2007 concerning Limited Liability Companies, and the Indonesian Civil Code. The research employs a normative legal method with a library research approach to examine legal provisions and concepts related to cooperation between foreign investors and domestic parties. The findings indicate the existence of structural imbalances between the parties, where foreign investors possess advantages in capital, technology, business experience, and access to information, resulting in asymmetrical bargaining power. This condition may lead to domination in decision-making, information gaps, and potential exploitation of domestic parties. Furthermore, existing legal protection is considered insufficient to fully implement the principle of equitable bargaining. Therefore, this study proposes a normative reconstruction through the application of principles of balance of power, good faith, transparency, and proportionality in joint venture agreements. The study also recommends preventive supervision through mandatory due diligence by the Financial Services Authority and the Investment Coordinating Board, including the standardization of contractual clauses and disclosure obligations, in order to create fair, sustainable joint venture relationships that protect national interests.

Israwati Salsabila Karsimin; Irawaty Igirisa; Alfiyah Agussalim

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine and analyze the implementation of digital-based public services through the Digikel website in Biawao Village and Limba U1 Village,Gorontalo City. The main focus of this study includes three aspects:(1) support, (2)capacity, and (3) value. This study employs a qualitative approach with a descriptiveresearch design. Data were collected through observation, interviews, and documentation. The study's findings indicate that the implementation of the Digikel website hasbeen effective across the three aspects. (1) Support: The implementation of Digikelis supported by leadership commitment, active employee involvement, and policysupport from the city government through clear regulations. However, there are stillchallenges in the community's socialization process, which has not been optimal.(2) Capacity: Human resources in Biawao Village and Limba U1 Village are considered to have adequate competence through technical guidance. Nevertheless,there are still infrastructure-related obstacles, including unstable internetconnectivity and limited computer equipment. The absence of a dedicated budgetat the village level has also been a constraint in system development. (3) Value: The implementation of Digikel has had a positive impact, particularly in improving efficiency in terms of time, cost, and labor, as well as in accelerating, simplifying, and enhancing the transparency of public services. However use of this system has not yet been fully optimized due to low levers of diritalitgacy among somemembers of the community.

Mario Silitonga

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection of women's inheritance rights from the perspective of Indonesian civil law. The problems studied focused on the position of women as heirs and the extent to which the legal system provides guarantees of justice and equality. The research method used is normative juridical with a legislative and conceptual approach. Data was obtained through a literature study of legal regulations, doctrines, and court decisions relevant to inheritance issues. The results of the study show that normatively, civil law provides equal recognition of women's inheritance rights, especially in the Civil Code. However, in practice, there are still obstacles influenced by patriarchal culture and customary law that tend to place women in subordinate positions. This condition causes women to often experience difficulties in claiming or obtaining the proper share of inheritance. Therefore, it is necessary to strengthen regulations, harmonize national laws with the value of gender equality, and increase public legal awareness to ensure effective and fair protection for women in obtaining their inheritance rights.

Chairul Huda Yudi Mahardika; Rhamaditya Oktaviano Suryo Adi; Anggi Sri Haryati Simarmata

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the absence of clear time limits in civil procedural law and its impact on the effectiveness of the principle of simple, fast, and low-cost justice in Indonesia. Normatively, this principle serves as a fundamental guideline in ensuring efficient and accessible dispute resolution. However, in practice, civil proceedings often take a prolonged and complex course, leading to increased costs and legal uncertainty. This research aims to analyze whether the principle has real normative force and how the lack of time constraints in each stage of civil litigation contributes to procedural delays. The study employs a normative legal research method using statutory and conceptual approaches, supported by secondary legal materials. The findings indicate that the absence of strict and binding time limits allows procedural flexibility to be misused, resulting in repeated delays, inefficiency, and case accumulation. Consequently, the principle of simple, fast, and low-cost justice tends to remain declarative rather than operational. The study concludes that the effectiveness of this principle is significantly weakened by the lack of time regulation and suggests the need for reform through time-bound case management, stricter procedural control, and the integration of digital judicial systems to enhance efficiency and legal certainty.

Rafly Alikhsan; Amanda Claudy Amore

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the victimological aspects of adolescents who are victims of bullying in the school environment. Bullying remains a significant social issue that negatively affects the psychological, social, and academic development of adolescents. This research employs a qualitative approach with a descriptive research design. Data were collected through interviews, observations, and documentation involving adolescents who have experienced bullying. The data were analyzed through data reduction, data display, and conclusion drawing.The results indicate that victims of bullying tend to have certain characteristics such as low self-confidence, introverted behavior, and limited social interaction skills. The forms of bullying identified include verbal bullying, social bullying, and cyberbullying. The impacts experienced by victims include psychological distress such as anxiety and low self-esteem, difficulties in social interaction, and decreased academic performance. From a victimological perspective, both individual and environmental factors play a significant role in the occurrence of victimization. Therefore, active involvement from schools, families, and communities is necessary to prevent and address bullying in order to create a safe environment for adolescents.

Ninu, Stefanus

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of the digital era has significantly transformed government administration, particularly in technology-based public services. This transformation requires strengthening the principles of good governance, which include transparency, accountability, public participation, effectiveness, efficiency, and legal certainty. State Administrative Law plays a strategic role in ensuring that bureaucratic digitalization remains within the correct legal framework and does not deviate from good governance principles. This study employs a normative juridical approach with a literature review method to analyze the role of State Administrative Law in strengthening good governance in the digital era. The findings show that State Administrative Law functions as an instrument of legality, discretionary control, data protection, improved accountability, and enhanced public service efficiency. Thus, State Administrative Law is not only regulatory but also adaptive to technological developments in achieving good governance in the digital era.

Tubagus Muhamad Faldiansyah; Hayev Fackih Faturohman; Anggi Sri Haryati Simarmata

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is grounded in the observation that the implementation of an efficient, simple, and low-cost judicial process in civil cases remains ineffective, particularly in relation to mediation as a dispute resolution mechanism. Although mediation has been incorporated into judicial proceedings with the aim of expediting case resolution, simplifying procedural stages, and reducing litigation costs for the parties, these objectives have not been fully realized in practice. This research seeks to examine the extent to which mediation in civil litigation effectively contributes to the realization of an efficient, straightforward, and affordable justice system. In addition, it aims to identify the factors that influence both the success and failure of the mediation process. The study employs a normative legal research method, utilizing statutory and conceptual approaches. The research is conducted through a literature review of primary and secondary legal materials. The findings indicate that the implementation of mediation in civil courts has not yet reached an optimal level. This is reflected in the relatively low success rate of dispute resolution through mediation, as well as the tendency for mediation to be treated merely as a procedural formality. Several contributing factors include the lack of good faith from the parties, limited time allocated for mediation, and the suboptimal role of mediators.

Nikmah, Mi Afifah; Siregar, Zalfa Nadhifah Umaimah; Simarmata, Anggi Sri Haryati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is motivated by the escalating prevalence of illegal online lending practices in Indonesia, which generate a multitude of legal problems, particularly those concerning the validity of loan agreements and debt collection practices. The simplicity of access through smartphone applications, rapid processing times often approved within minutes and minimal administrative requirements have rendered these services immensely popular among the public. However, this accessibility also paves the way for unlicensed providers to operate unchecked, preying on desperate borrowers. The study aims to analyze the legal validity of illegal online loan agreements pursuant to the Indonesian Civil Code (KUHPerdata) and regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan, OJK). Additionally, it examines the legal position of debt collection from a civil law perspective. A normative juridical method is employed, utilizing statutory and conceptual approaches, with qualitative analysis of the data. The results demonstrate that illegal online loan agreements fail to fulfill the requirements for a valid contract, especially regarding the legal capacity of the parties and lawful cause, categorizing them as null and void by operation of law. Nevertheless, in practice, unlicensed providers continue debt collection efforts, frequently employing methods that violate the law, such as harassment and intimidation. This reveals a significant gap between legal norms and field implementation. The implications emphasize the critical need for robust law enforcement, enhanced consumer protection mechanisms, and stricter oversight of fintech lenders to establish legal certainty and justice for society.

Muhammad Raihan Sam; Tasya Kusuma Wardani

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze legal protection for victims of violence against women and children from a victimology perspective in Indonesia. The research employs a normative legal method with statutory and conceptual approaches. The results indicate that Indonesia has established adequate legal regulations to protect victims; however, their implementation remains suboptimal and not fully victim-oriented. Victimology emphasizes the importance of fulfilling victims’ rights not only through legal protection but also through psychological and social recovery. The main challenges include limited access to legal aid, lack of understanding among law enforcement officials, and socio-cultural factors that influence victims’ willingness to report cases. Therefore, strengthening the victimology approach within the criminal justice system is necessary to ensure more just and comprehensive protection for victims. Furthermore, community involvement is crucial in supporting victims and reducing negative stigma against them. Providing information and education to the public and law enforcement regarding the rights of victims of violence is a crucial step in achieving effective protection.

Desak Kadek Era Dewi Susanti; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to examine the provisions and status of probation as a principal punishment in the National Criminal Code, as well as its relevance to achieving the objectives of reforming the penal system in Indonesia. The research design employed is normative legal research using a legislative and conceptual approach. The data utilized consists of secondary data obtained through a literature review, analyzed using qualitative descriptive techniques. The results of the research show that probation under Law No. 1 of 2023 on the Criminal Code has been established as one of the principal penalties that can be directly imposed by a judge, thus no longer merely a component of conditional sentences as in the old Criminal Code. This regulation reflects a paradigm shift in sentencing from a retributive approach toward a rehabilitative and restorative approach by providing offenders with the opportunity to remain within the community under supervision. However, its implementation still faces challenges, including the absence of comprehensive technical regulations, potential conflicts of norms, and institutional limitations in carrying out supervision. Therefore, supervised probation holds significant relevance as a more humane sentencing alternative, although it requires strengthened regulations and a supervision system to ensure its effective and consistent application.

Berlian Adinda Syafira; Fristia Berdian Tamza; Rinaldy Amrullah

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information and communication technology has led to the emergence of various forms of digital-based crimes, including the dissemination of electronic information containing online gambling content through social media. This situation poses challenges for criminal law enforcement, as the parties involved are not limited to gambling operators but also include individuals who promote and facilitate access to online gambling platforms. This study aims to examine criminal liability for perpetrators who disseminate electronic information containing gambling content and to analyze judicial considerations in sentencing, referring to the Decision of the Tanjung Karang District Court Number 823/Pid.Sus/2024/PN Tjk. The method used is normative juridical research with statutory, conceptual, and case approaches. Data were collected through literature studies of relevant regulations, criminal law doctrines, and court decisions, and then analyzed using a descriptive qualitative method. The results show that the elements of criminal liability are fulfilled, including the existence of a criminal act, intent, capacity to be responsible, and the absence of grounds that eliminate criminal liability. Furthermore, the panel of judges’ considerations reflect a balanced assessment between juridical and non-juridical aspects, resulting in a decision that embodies legal certainty, justice, and utility. This study is expected to contribute to the development of criminal law, particularly in addressing online gambling crimes in the digital space.

Putri Debora Silalahi

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The revocation of business licenses by the President of the Republic of Indonesia against 28 companies proven to have violated forest utilization regulations signifies a shift in environmental law enforcement from a predominantly punitive criminal approach to preventive administrative measures. This article aims to analyze the legal basis of the President’s authority to revoke business licenses related to natural resource utilization, to position license revocation as an instrument of environmental law enforcement within Indonesia’s legal system, and to assess its implications for environmental protection and legal certainty for business actors. This study employs a normative juridical research method using statutory and conceptual approaches. The findings indicate that Presidential license revocation possesses juridical legitimacy within the framework of the rule of law and environmental and forestry legislation. Nevertheless, the implementation of such a policy requires clear administrative procedural standards to ensure legal certainty and to prevent potential abuse of power. This article concludes that license revocation can function as an effective environmental law enforcement instrument provided that it is accompanied by adequate oversight mechanisms and due process of law.

Annisa Rizky Nadya; Monica Erda Amalia; Nadia Lutfi Natasya; Rizha Claudilla Putri

Referendum : Jurnal Hukum Perdata dan Pidana 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the juridical mechanism and implementation of canceling unilateral actions by bankrupt debtors through the actio pauliana lawsuit, providing legal protection for creditors. Debtors often transfer assets before bankruptcy, reducing the value of the bankruptcy estate and harming creditors. Using a normative legal research method with statutory and conceptual approaches, this study explores the legal basis of Article 1341 of the Indonesian Civil Code, as elaborated by Articles 41 to 50 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). The analysis shows that canceling unilateral actions, such as asset transfers, grants, or debt waivers, requires evidence of bad faith and awareness of potential losses by both debtors and third parties. This lawsuit serves as a claw-back provision to retrieve assets that were wrongfully removed from the bankruptcy estate, ensuring the pari passu pro rata parte principle. The main obstacle is proving the subjective element of "knowledge" and the conflict of interest with protecting third parties acting in good faith. In conclusion, strengthening the curator’s role and aligning the interpretation of commercial court judges is crucial to protect creditors' economic rights from manipulative actions by debtors.