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All Journal Journal of Sustainable Development and Regulatory Issues Contrarius Jurnal Kajian Hukum dan Sosial
Deslaely Putranti
University of Galway, Galway
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Resolution without Enforcement: A Critical Study of Case Closure and Substantive Justice in Indonesian Court Mediation Bustanul Arifien Rusydi; Ahmad Khairun Hamrany; Tata Wijayanta; Deslaely Putranti
Justicia Islamica Vol 23 No 2 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13286

Abstract

This study analyses the quality standards of mediated outcomes and the safeguarding mechanisms associated with withdrawal and consent judgments under Supreme Court Regulation (Perma) No. 1 of 2016, through the lens of ṣulḥ, to offer a substantively just model of mediation. Methodologically, the research adopts a normative-conceptual approach, applying dispute system design doctrine to Indonesia’s mediation regulation. Qualitative analysis is conducted on ten sample court decisions representing post-mediation dispositions. The findings indicate that Perma No. 1 of 2016 frames mediation “success” in terms that prioritize case closure over the locking-in of enforceable commitments, thereby weakening protection for claimants in high-stakes disputes. A ṣulḥ-based procedural design is argued to support mediated settlements that are more binding, executory, and capable of deterring dispute recurrence. This study recommends that Perma No. 1 of 2016 be supplemented with a substantive initial classification mechanism requiring mediators to identify the type of dispute and its economic value, and to steer mediation toward an executory consent judgment.
The Impact of Asset Recovery Regulations on Corruption Cases in Indonesian: A Leap Forward? Fithriatus Shalihah; Bakhshillo Kamolovich Khojaev; Fitrat Umirov; Mohammad Ishaque Husain; Deslaely Putranti
Contrarius Vol. 2 No. 3 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i3.297

Abstract

The central problem lies in the structural limitations of the asset recovery regime under the Anti-Corruption Law, which requires a criminal conviction for confiscation. This restriction has hindered full recovery of state losses, particularly in cases involving hidden or transferred assets and transnational challenges. The research aims to assess the paradigmatic nature of Indonesia’s asset forfeiture reform by analysing its conceptual transformation, constitutional legitimacy, and systemic coherence. This research employs a normative juridical method, relying on statutory, conceptual, and comparative approaches. The research reveals that, first, the shift from conviction-based forfeiture to non-conviction-based (NCB) forfeiture reflects an emerging transformation from offender-oriented justice toward asset-oriented justice. However, in Indonesia, this transformation remains transitional and has not yet restructured the philosophical and institutional foundations of asset recovery. Second, the comparative analysis demonstrates that the United Kingdom has successfully institutionalised civil recovery mechanisms within a strong framework of judicial oversight and proportionality, supported by human rights safeguards, thereby illustrating that effectiveness and constitutional protection are not mutually exclusive. Finally, Indonesia’s reform, while normatively progressive, still depends on harmonisation with constitutional guarantees and requires clearer standards of proof, differentiated procedural safeguards, and stronger institutional coordination to ensure systemic coherence and prevent abuse of power. The research recommends adopting a hybrid-restorative constitutional model of asset forfeiture. Such a model should provide limited autonomy for non-conviction-based confiscation, integrate early asset tracking and freezing mechanisms, apply differentiated standards of proof, and embed strict constitutional safeguards through effective judicial review and proportionality principles.
Tax Conflicts Policy in Thrifting between Trade Law and Tax Law Efendi Ibnususilo; Faishal Taufiqurrahman; Deslaely Putranti
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.223

Abstract

The rapid expansion of thrifting practices in Indonesia has generated complex legal challenges, particularly at the intersection of trade law and tax law. This condition gives rise to a policy conflict in which thrifting activities, although prohibited under trade regulations, continue to generate economic transactions that may fall within the scope of taxation. This study adopts a normative juridical approach to examine the nature of this conflict and to assess potential regulatory responses. The analysis demonstrates that imposing taxation on economic activities derived from prohibited imports creates legal ambiguity and risks undermining the enforcement of trade law by implicitly legitimizing unlawful practices. Accordingly, the principle of legality within the tax system must be upheld by ensuring that taxation aligns with the normative framework governing trade. This study proposes a regulatory harmonization model that integrates trade, taxation, and customs policies through the reconstruction of legal norms, the strengthening of cross sectoral supervision, and the clarification of legal boundaries concerning taxable activities. Such harmonization is necessary to establish legal certainty, prevent regulatory loopholes, and ensure that fiscal policy operates consistently with national legal and economic objectives.
Co-Authors Ahmad Khairun Hamrany Bakhshillo Kamolovich Khojaev Bustanul Arifien Rusydi Efendi Ibnususilo Faishal Taufiqurrahman Fithriatus Shalihah Fitrat Umirov Mohammad Ishaque Husain Tata Wijayanta