Maya Khater
United Arab Emirates University, Abu Dhabi

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Reforming Tax Object Sales Value Regulation for Equitable Regional Revenue Fatma Ulfatun Najicha; Maya Khater
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.v1i2.212

Abstract

The accurate determination of the Selling Value of Taxable Objects is a crucial component in establishing a fair, transparent, and accountable regional taxation system, particularly in the collection of land and building acquisition fees. However, the regulatory framework governing the determination of the Selling Value of Taxable Objects in Indonesia continues to encounter substantive legal and administrative challenges. This study aims to identify regulatory and institutional weaknesses in the current valuation system and to formulate a legal reform framework capable of ensuring fairness, transparency, and administrative efficiency. This research adopts a normative juridical method, employing statutory and conceptual approaches based on the analysis of secondary legal materials. The findings demonstrate, first, the absence of explicit legal standards that clearly position the Selling Value of Taxable Objects as a state administrative decision, resulting in inconsistencies and legal uncertainty in its application. Second, significant discrepancies persist between officially determined values and actual market transaction prices, leading to frequent objections from taxpayers and diminishing public trust. Third, the supervisory and preventive role of Land Deed Officials remains limited, thereby enabling the manipulation of transaction values and weakening tax compliance. This study concludes that comprehensive regulatory reform is necessary through the periodic updating of transaction data, the implementation of zoning-based valuation systems, strengthened supervisory mechanisms and sanctions, and the integration of digital technologies, including Geographic Information Systems and big data analytics. Such reforms are essential to enhance legal certainty, ensure equitable taxation, and optimize regional revenue generation.
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.