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All Journal Komunitas: International Journal of Indonesian Society and Culture Jurnal Kajian Hukum dan Sosial
Novytha Sary
University of Tokyo
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Good Faith in Successive Credit and Sharia Financing Restructuring: Comparative Regulatory Approaches in Indonesia and Japan Marwah Marwah; Rifaatul Mardhahiswana; Aulia Rifai; Muhammad Aswan; Novytha Sary
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.v23i2.13337

Abstract

This article examines how to assess the principle of good faith in restructurings, which may deviate if it neglects the debtor’s repayment capacity. This study employs a normative legal approach, using statutory, conceptual, and comparative analysis of Indonesia and Japan, based on four variables: debtor eligibility, supervisory model, business monitoring, and restructuring frequency limits. The analytical framework uses the principles of good faith and prudential banking as objective standards, supported by the theory of justice and legal certainty. The findings show that restructuring policies in Indonesia and Japan reflect distinct paradigms in interpreting good faith. Although the Indonesian Financial Services Authority limits restructuring to a maximum of three times, conventional banking tends to be flexible, allowing successive restructurings without adequate debtor eligibility. In contrast, Islamic banking imposes stricter limitations due to Sharia compliance. In contrast, Japan does not regulate a numerical limit, but the Japanese Financial Services Agency strictly monitors successive restructuring. This article proposes a model for objectively assessing good faith as a governance standard by integrating contract law, prudential banking principles, and Islamic ethics to ensure that restructuring supports debtor repayment capacity and financial system stability.
Partnerships and the Economic Transformation of Cocoa Farmers in Konawe, Southeast Sulawesi Hannin Pradita Nur Soulthoni; Eka Suaib; Muhammad Arsyad; Muammar Akbar AQ; Dian Puspita Rizki; Novytha Sary
Komunitas Vol. 18 No. 1 (2026): March 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/komunitas.v18i1.37794

Abstract

Agricultural development programs for cocoa in Indonesia often fail to create sustainable economic transformation despite intensive interventions. Previous studies tend to evaluate program effectiveness in aggregate without exploring why identical programs produce divergent outcomes at the farmer level. This study aims to analyze the dynamics of strategic partnerships among the private sector, farmer groups, and local governments in creating economic transformation for cocoa farmers, and to identify the inclusion and exclusion mechanisms that mediate program benefits. This qualitative case study was conducted in Mataiwoi Village, Konawe Regency, Southeast Sulawesi, involving 32 informants through in-depth interviews, participant observation, and focus group discussions during 45 days of fieldwork (August–October 2025). Thematic analysis reveals an effective asymmetric tripartite partnership model, in which role differentiation based on comparative advantage, rather than power balance, is key to success. Participating farmers experienced multidimensional transformation: productivity tripled from 400 kg to 1,000–1,200 kg/ha/year, income quadrupled from Rp8–12 million to Rp35–45 million/year, and their mindset shifted from fatalism to economic agency. However, only 63 of 240 farmers accessed the program because pre-existing inequalities in assets and social capital functioned as mediating structures. This study concludes that the asymmetric tripartite partnership model transforms farmers who can access the program, but inclusivity remains a crucial challenge requiring affirmative mechanisms. These findings imply that future studies and agricultural partnership programs should move beyond aggregate success indicators and examine how inequalities in capital, networks, and institutional access shape inclusive rural economic transformation.
Co-Authors Aulia Rifai Dian Puspita Rizki Eka Suaib Marwah Marwah Muammar Akbar Al Qhuraissy, Muammar Akbar Al Qhuraissy Muhammad Arsyad Muhammad Aswan Rifaatul Mardhahiswana Soulthoni, Hannin Pradita N