Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Ilmiah Hukum LEGALITY
Novi Rizka Permatasari
Faculty of Law, Universitas Sebelas Maret Surakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
In Search of Forfeited Fiduciary Assurance: A Justice Approach Novi Rizka Permatasari; Hartiwiningsih Hartiwiningsih; Pujiyono Suwadi
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42371

Abstract

This study examines the legal consequences and proposes a fair model of confiscation that balances the interests of creditors, debtors, and the state. The research employs a normative legal approach, integrating John Rawls’ theory of justice and progressive legal theory, and applies descriptive methods and deductive syllogistic analysis to examine relevant doctrines, legal principles, and judicial practices. The findings reveal significant gaps in current fiduciary regulations, particularly the absence of mechanisms to address the consequences of state confiscation, to provide compensation to affected parties, and to protect receivables rights in cases of loss or damage. In response, the study proposes a reconstructed legal framework that introduces a sanctioning scheme coupled with proportional compensation, explicitly incorporated into court judgments. This model upholds procedural justice and equality among parties, aligning with Rawls’ difference principle. The study concludes that revising fiduciary regulations to include explicit provisions for state confiscation and associated compensation mechanisms should enhance legal certainty, ensure proportional protection of all parties, and promote a fair and effective enforcement system.
Co-Authors Hartiwiningsih Hartiwiningsih Pujiyono Suwadi