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All Journal Journal of Sustainable Development and Regulatory Issues Contrarius
Mohammad Ishaque Husain
Unknown Affiliation
Environmental Science Law, Crime, Criminology & Criminal Justice Public Health

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Achieving Sustainable Ecological Justice through Land Transfer Regulation in Indonesia Efata, Ayik Christina; Retno Mawarini; Widyorini Indriasti Wardani; Mohammad Ishaque Husain
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.275

Abstract

This study examines the legal implications of land conversion as a process that alters land use either partially or entirely and consequently affects environmental sustainability and the productive capacity of land resources. The increasing transformation of agricultural land into non-agricultural uses reduces the availability of productive farmland and generates serious challenges for government authorities in maintaining food security and ensuring sustainable land governance. Economic growth, urban expansion, and development policies frequently encourage the conversion of agricultural land and thereby intensify pressure on the availability of land that supports long term agricultural production. These conditions require a regulatory framework that is capable of balancing development interests with the protection of agricultural land resources. This research analyzes the regulatory framework governing the conversion of sustainable food agricultural land into non-agricultural uses, identifies the factors that create the absence of legal certainty in its implementation, and formulates a reconstruction of regulatory policies that can strengthen legal certainty in land governance. The study applies a normative juridical research method supported by empirical data and uses statutory, conceptual, and comparative approaches to examine the issue systematically. The analysis demonstrates that first, the legal system has integrated land conversion regulation within the broader framework of sustainable agricultural land protection and spatial planning governance. Second, implementation has not produced adequate legal certainty because uncontrolled land conversion continues to occur, land use practices frequently diverge from spatial planning policies, regulatory substance remains weak, law enforcement operates ineffectively, and institutional coordination remains limited. Third, strengthening legal certainty requires regulatory reconstruction through harmonization of regulatory instruments, improvement of mapping mechanisms supported by field verification, and stronger coordination between central and regional governments.
The Impact of Asset Recovery Regulations on Corruption Cases in Indonesian: A Leap Forward? Shalihah, Fithriatus; 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.
Co-Authors Bakhshillo Kamolovich Khojaev Deslaely Putranti Efata, Ayik Christina Fithriatus Shalihah Fitrat Umirov Retno Mawarini Widyorini Indriasti Wardani