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All Journal Justice Dialectical Contrarius
Ahmad Dwi Nuryanto
Faculty of Law, Universitas Semarang, Semarang
Environmental Science Law, Crime, Criminology & Criminal Justice

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Achieving National Health Insurance in Indonesia: Policies and Challenges Ahmad Dwi Nuryanto; Turdialiev Mukhammad Ali Polatjon Ogli
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.208

Abstract

The regulation of contributions within Indonesia’s National Health Insurance scheme (Jaminan Kesehatan Nasional, JKN) continues to generate significant debate because it does not adequately embody the constitutional values of justice and social welfare. Health constitutes a fundamental human right and a core indicator of societal well-being that the state must actively guarantee. This study aims to analyze the fairness of JKN contribution policies, particularly their impact on independent Class III participants, and to evaluate the alignment of existing regulations with the state’s constitutional obligations. The research applies a normative juridical method, complemented by conceptual, philosophical, and systemic legal analysis, through the examination of statutory instruments and legal doctrines. The findings demonstrate that current JKN contribution regulations exhibit substantial deficiencies in legal substance, legal structure, and legal culture, as well as in their philosophical, sociological, economic, and normative foundations. These deficiencies cause an unequal distribution of financial burdens and place disproportionate pressure on participants with limited economic capacity. The study argues that policymakers must reconstruct the JKN contribution framework by positioning the state as the primary guarantor of public health insurance rather than merely an administrative regulator. The study concludes that recalibrating contribution levels, strengthening government subsidies, and reformulating regulations based on principles of humanity, utility, and social justice are essential to ensuring equitable, sustainable, and constitutionally grounded health insurance protection for all citizens.
Does Indonesian Bankruptcy Law Protection for Curators in Bankruptcy? Ahmad Dwi Nuryanto; Mohammed AlHadi Ibrahim Bosha Ahmed
Contrarius Vol. 2 No. 1 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i1.258

Abstract

A curator is someone who is appointed by the court to manage and organize the bankruptcy assets of the debtor in carrying out his duties must be in accordance with applicable laws and regulations. When carrying out their duties, curators must be independent and have no conflict of interest with either the debtor or creditors as stipulated in the provisions of Article 15 paragraph 3 of Law Number 37 of 2004. For this reason, the following problems can be formulated, why the burden of the curator's performance in carrying out the bankruptcy estate needs legal protection for the curator, what are the inhibiting factors or threats to the curator in the bankruptcy estate and how to reconstruct the regulation of legal protection of the curator in carrying out the bankruptcy estate. The writing of this dissertation aims to analyze and find the burden of the curator's performance in carrying out the administration of bankruptcy property needs legal protection for the curator, to analyze and find inhibiting factors or threats to the curator in the administration of bankruptcy property, to analyze and find the reconstruction of legal protection for the curator in carrying out the administration of bankruptcy property in order to realize justice-based sustainability. This type of research used is normative legal research, namely legal research conducted by breaking down legal issues and at the same time providing prescriptions. The research used is descriptive analytical. Thus, the need for immunity rights implicitly regulated in the law in order to protect curators in carrying out the administration of bankruptcy assets in order to create justice for all parties in bankruptcy. reconstruction of legal protection regulations for curators in carrying out the administration of bankruptcy assets is to add a new norm formulation to Article 69 of the Bankruptcy Law by strengthening the role of curators in the management and administration of bankruptcy assets, adding immunity rights and / or legal assistance by curator professional organizations and state institutions when curators are reported in suspected criminal acts.
Criminal Justice Implications of Bankruptcy Abuse Against Solvent Debtors Hairul Rizal H Talib; Ahmad Dwi Nuryanto; Maya Khater
Jurnal Justice Dialectical Vol 4 No 1 (2026): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v4i1.134

Abstract

Bankruptcy law provides a legal mechanism for resolving financial distress while safeguarding the legitimate interests of creditors and debtors. However, creditors may misuse bankruptcy proceedings against solvent debtors and transform a legitimate debt recovery mechanism into a means of coercion, procedural manipulation, and economic pressure. This practice raises serious criminal justice concerns when parties deliberately present misleading claims, conceal material financial information, manipulate judicial procedures, or initiate bankruptcy proceedings to pressure debtors who retain sufficient financial capacity to meet their obligations. This study examines the criminal justice implications of bankruptcy abuse against solvent debtors and evaluates whether the existing legal framework provides adequate safeguards against the misuse of bankruptcy proceedings. The research applies normative legal research through statutory, conceptual, and comparative approaches. The findings reveal that the current bankruptcy framework primarily determines bankruptcy through formal requirements concerning the existence of multiple creditors and at least one due and payable debt. Courts therefore may declare a debtor bankrupt without first determining whether the debtor actually lacks the financial capacity to satisfy its obligations. This legal structure exposes solvent debtors to bankruptcy petitions even when they possess sufficient assets and maintain viable business operations. More importantly, the absence of a substantive insolvency assessment enables parties to exploit bankruptcy proceedings for objectives unrelated to legitimate debt recovery. Fraud, deception, coercion, and deliberate procedural manipulation in bankruptcy proceedings may undermine procedural fairness, disrupt business continuity, and weaken the integrity of judicial institutions. Comparative analysis shows that an insolvency test can establish a substantive safeguard against abusive bankruptcy petitions by requiring an objective assessment of the debtor’s financial condition. This study therefore proposes the incorporation of an insolvency test alongside stronger legal mechanisms for detecting and addressing abusive conduct in bankruptcy proceedings. These reforms would strengthen protection for solvent debtors, prevent procedural manipulation, reinforce legal accountability, and advance substantive justice within the criminal justice system.
Co-Authors Hairul Rizal H Talib Maya Khater Mohammed AlHadi Ibrahim Bosha Ahmed Turdialiev Mukhammad Ali Polatjon Ogli