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Contrarius
Published by Lembaga Contrarius Indonesia
ISSN : 30909309     EISSN : 31090931     DOI : https://doi.org/10.53955/contrarius.v1i3
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
Contrarius focuses on administrative law at global, national, regional, and local levels worldwide. The journal addresses specific issues on tax law, consumer protection law, environmental law, medical law, spatial law, labour law, agrarian law, transportation law, mining law, energy law, administrative, and legal justice. Contrarius publishes peer-reviewed while increasing the efficiency of the process. In addition, Contrarius also covers legal research in constitutional law with specific topics such as separation of powers and procedural due process, the structure and workings of the various agencies, procedural requirements for adjudication and rulemaking, enforcement discretion, methods of enforcement, government tort liability, freedom of information, and state finance. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Principle of Ecological Restorative Justice in Corporate Environmental Crimes Policies Absori, Absori; Arief Budiono; Maya Khater; Chetan Mukundan; Restu Mufanti
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.271

Abstract

Environmental crimes pose a significant threat to ecological integrity and public welfare. However, law enforcement utilising retributive justice often fails to address the root causes of environmental damage caused by corporations. Therefore, alternative law enforcement efforts are necessary for more effective outcomes. This research aims to determine the effectiveness of current law enforcement against corporate environmental crimes in Indonesia, examine environmental crime enforcement in other countries, and identify an integrative environmental law enforcement policy model that incorporates the restorative justice approach in handling corporate environmental crimes. This study employs a normative legal research method with three approaches: statutory, conceptual, and comparative. This study finds that, first, law enforcement against corporate environmental crimes in Indonesia remains ineffective due to the difficulties in proving corporate liability, weak coordination and capacity among law enforcement agencies, and low levels of corporate compliance and transparency. Second, compared to Indonesia, Australia, specifically Victoria, has established a more comprehensive restorative justice framework through the Environment Protection Act 2017, whereas New South Wales still relies on judicial practice without an explicit restorative legal basis. Third, Indonesia needs to adopt an ecological restorative justice model that places environmental restoration, community participation, independent oversight, and stringent sanctions at the core of corporate criminal liability to truly realise ecological justice. Therefore, it is necessary to formulate law enforcement policies that incorporate ecological restorative justice principles, prioritising environmental restoration. Corporations should face sanctions and be required to restore damage in a tangible, measurable way, with independent oversight.
Bridging Formal Legality and Living Law Public Prosecutorial Policies to Achieve Justice Mashdurohatun, Anis; Wazna, Mahmoud W M Abu; Abdasmad, Mahmoud Elsayed Atyea; Joman Rabah Mahfouth Alkhatib
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.272

Abstract

Recognition of living law: Article 2 of Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift in Indonesian criminal law from the principle of formal legality to material legality. However, this change has not been accompanied by an update to criminal procedural law. In fact, Criminal Procedure Code (KUHAP) remains oriented towards legal positivism and does not provide a procedural mechanism to integrate existing social norms into criminal justice practices. This situation creates tension between legal pluralism, legal certainty, and demands for substantive justice in the criminal justice system. This study aims to analyse: (1) the position of the Criminal Procedure Code in accommodating living law in the criminal justice process; (2) the role of the Prosecutor's Office as dominus litis in integrating living law through prosecution policy; and (3) the reconstruction model of prosecution policy in the perspective of ius constituendum in order to realize the integration between formal legality and material legality. The study uses a normative legal research method with a statutory, conceptual, and comparative approach, and is analysed using the theory of justice, the Pancasila theory of justice, and Gustav Radbruch’s theory of legal values. The results of the study indicate that: (1) the Criminal Procedure Code functions as a procedural law based on formal legality so that it has not been able to operationalize the recognition of living law procedurally; (2) the Prosecutor's Office has in fact accommodated living law through prosecutorial discretion and restorative justice, but does not yet have systemic procedural legitimacy; and (3) reconstruction of prosecution policy is needed through a facilitation model by prosecutors, judicial verification, court decisions, and state execution in order to balance legal certainty, substantive justice, and social benefits in the Indonesian criminal justice system.
Does Regulatory Forfeiture of Fiduciary Assurance Undermine Justice? Prastyanti, Rina Arum; Hang, Nguyen Thi Thu; Ikhayere, Imiefoh Andrew
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.273

Abstract

This study examines fiduciary security by emphasising the legal consequences arising from the seizure of fiduciary objects upon the rights of creditors and debtors, and by comparing fiduciary regulatory frameworks in Indonesia, Australia, and the United States. The research adopts a normative legal method utilising secondary data in the form of primary and secondary legal materials. The approaches employed include statutory, conceptual, and comparative approaches to analyse the norms, principles, and practices governing fiduciary law across different jurisdictions. The research is descriptive and analytical, and it applies qualitative juridical analysis. The findings indicate that the seizure of fiduciary objects carries significant legal implications for both creditors and debtors, and that the implementation of Law Number 42 of 1999 concerning Fiduciary Security has not fully safeguarded the interests of all parties. The international comparison reveals the necessity for clearer mechanisms for the enforcement of fiduciary security and the protection of creditors’ rights. Accordingly, a reconstruction of the normative framework within the Fiduciary Security Law is required to realise Rawlsian justice, through the strengthening of legal protection, the certainty of enforcement, and the equitable balance of rights between creditors and debtors.
Reframing State Loss Policy in Price-Related Corruption Cases: A Future Agenda Firmansyah, Amir; Mohammad Abdallah Alshawabke; Suzali Sulaiman; Jan Alizea Sybelle
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.274

Abstract

State losses from corruption cases in Indonesia are commonly interpreted solely as financial losses, while broader economic losses are largely overlooked. Corruption generates impacts that extend beyond fiscal depletion, affecting economic stability, social welfare, ecological integrity, and other systemic dimensions. This study therefore aims, first, to identify and examine the challenges arising from the ambiguous definition of state loss in Indonesia’s legal framework, particularly in price-related corruption cases; second, to analyse Singapore’s conduct-based model of corruption enforcement, which does not treat state loss as an element of the offence; and third, to formulate an ideal normative framework that can strengthen Indonesia’s anti-corruption regime. Using a normative legal research method with statutory, comparative, and conceptual approaches, this study finds that the ambiguity of the state-loss concept has made it difficult to establish economic losses in court, leading judges to focus exclusively on financial loss and leaving broader economic harm unaddressed in judicial decisions. In contrast, Singapore’s approach, by excluding state loss as an element of corruption, allows enforcement to centre on gratification and corrupt intent, resulting in a more coherent and efficient process than the Indonesian model. Consequently, a reframing of the state-loss concept is required, including more precise parameters of economic loss within anti-corruption law, standardised methodologies for its calculation, and broader asset-recovery mechanisms to enhance legal certainty and improve the overall effectiveness of corruption enforcement.
The Effect of Tax Transparency on the Effectiveness of Indonesia’s Mining Tax Policy Laksana, Andri Winjaya; Bambang Manumayoso; Arida Turymshayeva
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.290

Abstract

The mining sector is a crucial pillar of the Indonesian economy and contributes significantly to state revenues. However, the effectiveness of mining tax policies continues to face various challenges, particularly low tax transparency, weak oversight, and tax avoidance through transfer pricing schemes, profit shifting, and inaccurate reporting. This research examines the current state of mining tax policies in Indonesia, determines the role of tax transparency in enhancing the effectiveness of these policies, and identifies the transparency reforms necessary to minimise tax avoidance in the mining sector. This study employs a normative juridical research method, utilising statutory, comparative, and conceptual approaches. This study identifies three principal findings concerning the regulation and implementation of mining taxation in Indonesia. First, the Indonesian government has developed mining tax regulations to increase state revenue and strengthen oversight of mining activities. However, the existing regulatory framework still contains several structural weaknesses, particularly in the substance of legal norms, the effectiveness of supervisory institutions, and the institutional culture of transparency, which collectively create opportunities for tax avoidance practices. Second, the analysis demonstrates that tax transparency plays a crucial role in strengthening the effectiveness of mining tax governance. Comparative regulatory practices in several developed jurisdictions show that transparency mechanisms, including mandatory reporting obligations, standardized fiscal data systems, and public disclosure of financial information, significantly reduce opportunities for tax avoidance. Third, Indonesia can improve the effectiveness of its mining taxation regime by implementing transparency based regulatory reforms, including project level reporting, data standardization aligned with international initiatives, open data platforms, independent audits, and beneficial ownership disclosure to enhance accountability and sustainable natural resource governance.
Toward a One-Roof System and an Independent Tax Court: Indonesia between the United States and Germany Ibnususilo, Efendi; Yassine Chami; Saminu Abacha Wakili; Faiqah Nur Azizah
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.v2i3.291

Abstract

The research departs from a fundamental problem, the dual roof system that historically placed the Tax Court under divided supervision between the judiciary and the executive, particularly the Ministry of Finance, thereby creating structural ambiguity and potential conflicts of interest between tax collection and adjudication functions. This condition raised concerns regarding the judicial independence, accountability, and public trust in tax dispute resolution. Using a normative juridical method with statutory, conceptual, and comparative approaches, this study analyses constitutional provisions, statutory regulations, and institutional practices governing the Tax Court. The research finds that, first, the reform of Indonesia’s tax adjudication system reflects a constitutional imperative to secure genuine judicial independence by ending the dual roof structure and fully integrating the Tax Court under the authority of Supreme Court, as mandated by Decision No. 26/PUU-XXI/2023 of the Constitutional Court of the Republic of Indonesia. Second, comparative insights from the United States and Germany demonstrate that effective judicial independence in tax matters requires structural separation from fiscal authorities, hierarchical judicial review, professional specialisation, and administrative as well as financial autonomy. Moreover, procedural differentiation, digital transparency, and layered oversight mechanisms are essential to prevent conflicts of interest and ensure accountability within a unified judicial framework. Third, as a policy model, Indonesia should adopt a fully integrated one-roof tax court system supported by tiered appellate review, institutional autonomy, specialised judicial training, and comprehensive digital governance to guarantee an independent, transparent, and accountable tax judiciary.
Questioning Ecological Justice in Indonesian Forestry Regulations Al-Fatih, Sholahuddin; Clarizze Yvoine Mirielle; Enas Qutieshat; Uzoho Kelechi; Narzullaev Olim Kholmamatovich
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.v2i3.295

Abstract

This study examines forestry regulation from the perspective of ecological justice by analysing the relationship between state control, environmental protection, and the rights of indigenous peoples. The research employs a normative legal research method based on secondary data comprising primary and secondary legal materials. The approaches adopted include statutory, conceptual, and comparative approaches to assess forestry governance in Indonesia and to compare it with Canada. The findings indicate that, at the normative level, forestry regulations have accommodated the principles of sustainability and social justice; however, their implementation continues to face challenges, including centralised authority, tenure conflicts, and environmental degradation. The comparative analysis demonstrates the importance of integrating ecosystem protection, recognising the rights of indigenous peoples, and ensuring public participation. Accordingly, the reconstruction of forestry regulation is required to strengthen participation, to reaffirm the meaning of state control as a public mandate, and to enhance enforcement mechanisms grounded in environmental restoration for the benefit of intergenerational sustainability.
[Manuscript Correction]-Indonesia’s Palm Oil Plantation Regulations for Promoting Community Protection and Justice Dedi Wahyudi; Bambang Tri Bawono; Bahtiyar Efendi
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.v2i3.296

Abstract

The expansion of palm oil plantations in Indonesia has generated complex legal issues related to community protection around Cultivation Rights areas, land tenure conflicts, and the effectiveness of justice mechanisms in natural resource governance. Although agrarian, plantation, environmental, and human rights regulations formally recognise community protection, empirical evidence shows recurring agrarian conflicts and unequal benefit distribution. This study aims to: (1) analyse legal instruments governing community protection in palm oil plantation management; (2) evaluate the effectiveness of justice mechanisms and the role of state institutions in regulatory enforcement; and (3) formulate justice-based regulatory reconstruction through an international comparative approach. This research applies an empirical juridical method with a socio-legal approach, combining statutory analysis and fieldwork conducted in the operational areas of PT Agri Andalas, PT Bio Nusantara Teknologi, and PT Pamor Ganda in Bengkulu Province. The analysis applies Rawl’s distributive justice, the social function of land rights, and law as social engineering. The findings show that Indonesia faces a legal gap between regulation and implementation, marked by administrative legality dominance, fragmented institutions, and procedural participation. Although justice mechanisms formally exist, unequal access limits the availability of substantive remedies. Comparative insights from the Netherlands, Canada, and Norway emphasise integrated governance, binding community consent, transparency, and restorative grievance systems. Strengthening community protection, therefore, requires shifting from administrative legality toward social legitimacy and distributive justice through institutional integration and stronger enforcement.
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.
Legal Challenges of Swarm Intelligence Exploitation in Cybercrime across Distributed Systems AllahRakha, Naeem
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.v2i3.301

Abstract

Cybercrime continues to evolve at a pace that challenges the adaptability of existing legal frameworks, particularly with the emergence of swarm intelligence as a tool for coordinating autonomous and distributed cyberattacks. This study aims to analyse the adequacy of contemporary international cybercrime law in addressing the exploitation of swarm intelligence, with specific reference to recent global regulatory developments. The research employs a doctrinal legal method, combining normative analysis of treaty provisions with a qualitative review of recent enforcement practices. The findings reveal four principal deficiencies: the ambiguity of legal liability in decentralized systems lacking identifiable control; jurisdictional fragmentation that enables regulatory evasion; inherent limitations in detecting multi-agent coordinated attacks; and a structural mismatch between legal norms and states’ technical enforcement capacities. These gaps demonstrate that existing frameworks remain insufficient to respond effectively to technologically sophisticated cyber threats. The study concludes that without targeted legal reform, including the development of specialized regulatory instruments, enhanced international cooperation mechanisms, and improved technical capacity, the enforcement of cybercrime law will remain reactive and fragmented. Strengthening the integration between legal doctrine and technological realities is therefore essential to ensure effective governance and protection in the evolving digital landscape.

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