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In South Africa, the devastating effects of the COVID-19 plague forced several corporates to resort to business rescue proceedings to guarantee the continuance of their operations. However, the low success rates associated with the current South African business rescue regime are a thing of concern among policymakers. In this article, we conduct a systematic literature review highlighting the shortcomings of the current South African business rescue mechanism and recommendations that can be adopted to improve its success rates. The study then proposes a broad agenda for future research. We discover that even though the South African business rescue mechanism is an economically significant, promising framework that gives companies time and space to find solutions for their problems, it is associated with numerous shortcomings that lessen its success rates. Also, the study results indicate that the regime can be improved in more than a few dimensions to augment its success rates. Further, the review divulges that implementing the current South African business rescue framework has some uncharted areas that need to be investigated. As a recommendation, policymakers should improve the business rescue regime to increase its success rates.

The financial system in any country plays a critical role in facilitating payment and providing policy and performance anchors to the economy. Therefore, systemic financial distress manifests in industry-level financial distress by front-hitting the financial system first. Financial organizations’ failure triggers a domino effect on the whole ecosystem, and therefore financial institutions enjoy various layers of protection when their operations show signs of distress. Several financial industry players worldwide have experienced financial distress in one form or another during episodes of systemic crisis such as the 2008 international financial crisis. Although the distress might not have necessarily led to bankruptcy or liquidation in some cases, it left several questions unanswered, particularly with respect to a leadership role, ecosystem contingencies, and the recovery mechanism. This study scanned recent extant literature on organizational financial distress and identified essential gaps for future research. The study provided a holistic review of antecedents, outcomes, and intra-industry characteristics of financial distress. The study found that the leadership role as an orchestrative agent in an organizational ecosystem has not been adequately addressed in the extant literature. The study contributes to the literature by clarifying leadership aspects of systemic financial distress by placing leadership within the core of the financial ecosystem before, during, and after distress. Outcomes and recommendations for future research are proposed.

The establishment of the Bankruptcy Law aims to overcome the difficulties of the business world in terms of debt and receivables in continuing their activities. However, in practice the PKPU and Bankruptcy institutions are used as a means of resolving ordinary civil disputes, this is due to Article 225 paragraph (3) and (5) in conjunction with Article 222 paragraph (1) and (2). The purpose of this study is to analyze the ratio legis for debtors in relation to the ratio legis Article 225 paragraph (3) and paragraph (5) associated with the purpose of establishing Bankruptcy and Suspension Of Debt Payment Obligations (UUK-PKPU). This research is normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conceptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that the ratio legis regarding PKPU as regulated in Article 225 paragraph (3) and paragraph (5) has a vague norm when it comes to the purpose of establishing UUK-PKPU, that PKPU is a means for debtors so that debtors can restructure their debts. So that no rights are given to debtors who are not present at the PKPU session resulting in no legal protection for the debtor to defend himself by conveying the reasons for the debtor's absence.

The purpose of this study is to examine and analyze law politics related to the execution of bankruptcy decisions against debtor assets abroad. The research method used is normative legal research with a qualitative descriptive analysis method approach, based on comparative law, with prescriptive analytical specifications. The research findings conclude that sovereignty is interpreted as the responsibility to improve and protect all national and international community interests, manifested in the form of the state's ability to interact and establish relations with countries in the world, as well as cooperate and coordinate bilaterally, multilaterally and in international organizations. The provisions on international bankruptcy in Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations or Undang-Undang Republik Indonesia Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang (Bankruptcy Law) are similar to the Dutch Bankruptcy Law, there are no comprehensive regulations related to international bankruptcy. To ensure legal certainty, a legal policy is needed in the form of changes and updates to the Bankruptcy Law by adding articles to apply the principles of international bankruptcy in the Model Law, namely the Principle of Access, the Principle of Recognition, the Principle of Assistance and the Principle of Cooperation and Coordination, as applied in the US Bankruptcy Code Chapter 15. Article 299 of the Bankruptcy Law also needs to be amended so that the procedural law applied is the special procedural law for international bankruptcy.

This paper aims to evaluate the regulation model for filing an action pauliana lawsuit by creditors to revoke the debtor’s legal actions prior to the declaration of bankruptcy. The research method used is normative juridical. The results show that the model for regulating the authority of creditors who wish to file an actio pauliana lawsuit against debtors in bankruptcy law can be done by making changes to Law Number 37 of 2004 concerning Bankruptcy by adding an article which regulates the procedural law of how a creditor can file a lawsuit. action pauliana in the following way: Creditors who acknowledge the existence of a Debtor's legal action, which is not required to be carried out within one year before the bankruptcy decision is pronounced, may submit an application to the Supervisory Judge by attaching valid evidence so that the Supervisory Judge will issue a ruling concerning the Debtor's legal action is in one year before the bankruptcy decision is pronounced, is not mandatory and shall be revoked.

The purpose of this study is to examine and analyze law politics related to the execution of bankruptcy decisions against debtor assets abroad. The research method used is normative legal research with a qualitative descriptive analysis method approach, based on comparative law, with prescriptive analytical specifications. The research findings conclude that sovereignty is interpreted as the responsibility to improve and protect all national and international community interests, manifested in the form of the state's ability to interact and establish relations with countries in the world, as well as cooperate and coordinate bilaterally, multilaterally and in international organizations. The provisions on international bankruptcy in Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations or Undang-Undang Republik Indonesia Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang (Bankruptcy Law) are similar to the Dutch Bankruptcy Law, there are no comprehensive regulations related to international bankruptcy. To ensure legal certainty, a legal policy is needed in the form of changes and updates to the Bankruptcy Law by adding articles to apply the principles of international bankruptcy in the Model Law, namely the Principle of Access, the Principle of Recognition, the Principle of Assistance and the Principle of Cooperation and Coordination, as applied in the US Bankruptcy Code Chapter 15. Article 299 of the Bankruptcy Law also needs to be amended so that the procedural law applied is the special procedural law for international bankruptcy.

In South Africa, the devastating effects of the COVID-19 plague forced several corporates to resort to business rescue proceedings to guarantee the continuance of their operations. However, the low success rates associated with the current South African business rescue regime are a thing of concern among policymakers. In this article, we conduct a systematic literature review highlighting the shortcomings of the current South African business rescue mechanism and recommendations that can be adopted to improve its success rates. The study then proposes a broad agenda for future research. We discover that even though the South African business rescue mechanism is an economically significant, promising framework that gives companies time and space to find solutions for their problems, it is associated with numerous shortcomings that lessen its success rates. Also, the study results indicate that the regime can be improved in more than a few dimensions to augment its success rates. Further, the review divulges that implementing the current South African business rescue framework has some uncharted areas that need to be investigated. As a recommendation, policymakers should improve the business rescue regime to increase its success rates.

This paper aims to evaluate the regulation model for filing an action pauliana lawsuit by creditors to revoke the debtor’s legal actions prior to the declaration of bankruptcy. The research method used is normative juridical. The results show that the model for regulating the authority of creditors who wish to file an actio pauliana lawsuit against debtors in bankruptcy law can be done by making changes to Law Number 37 of 2004 concerning Bankruptcy by adding an article which regulates the procedural law of how a creditor can file a lawsuit. action pauliana in the following way: Creditors who acknowledge the existence of a Debtor's legal action, which is not required to be carried out within one year before the bankruptcy decision is pronounced, may submit an application to the Supervisory Judge by attaching valid evidence so that the Supervisory Judge will issue a ruling concerning the Debtor's legal action is in one year before the bankruptcy decision is pronounced, is not mandatory and shall be revoked.

The establishment of the Bankruptcy Law aims to overcome the difficulties of the business world in terms of debt and receivables in continuing their activities. However, in practice the PKPU and Bankruptcy institutions are used as a means of resolving ordinary civil disputes, this is due to Article 225 paragraph (3) and (5) in conjunction with Article 222 paragraph (1) and (2). The purpose of this study is to analyze the ratio legis for debtors in relation to the ratio legis Article 225 paragraph (3) and paragraph (5) associated with the purpose of establishing Bankruptcy and Suspension Of Debt Payment Obligations (UUK-PKPU). This research is normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conceptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that the ratio legis regarding PKPU as regulated in Article 225 paragraph (3) and paragraph (5) has a vague norm when it comes to the purpose of establishing UUK-PKPU, that PKPU is a means for debtors so that debtors can restructure their debts. So that no rights are given to debtors who are not present at the PKPU session resulting in no legal protection for the debtor to defend himself by conveying the reasons for the debtor's absence.

The financial system in any country plays a critical role in facilitating payment and providing policy and performance anchors to the economy. Therefore, systemic financial distress manifests in industry-level financial distress by front-hitting the financial system first. Financial organizations’ failure triggers a domino effect on the whole ecosystem, and therefore financial institutions enjoy various layers of protection when their operations show signs of distress. Several financial industry players worldwide have experienced financial distress in one form or another during episodes of systemic crisis such as the 2008 international financial crisis. Although the distress might not have necessarily led to bankruptcy or liquidation in some cases, it left several questions unanswered, particularly with respect to a leadership role, ecosystem contingencies, and the recovery mechanism. This study scanned recent extant literature on organizational financial distress and identified essential gaps for future research. The study provided a holistic review of antecedents, outcomes, and intra-industry characteristics of financial distress. The study found that the leadership role as an orchestrative agent in an organizational ecosystem has not been adequately addressed in the extant literature. The study contributes to the literature by clarifying leadership aspects of systemic financial distress by placing leadership within the core of the financial ecosystem before, during, and after distress. Outcomes and recommendations for future research are proposed.