Journal of Justice Dialectical

Criminal Justice Implications of Bankruptcy Abuse Against Solvent Debtors

Hairul Rizal H Talib — 2026-08-07

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.

Digital Platform Liability for Economic Crimes in Online Marketplaces

Dinda Aprilia — 2026-08-08

The rapid growth of digital marketplaces has transformed commercial activities and expanded public access to goods and services. At the same time, this development has created greater opportunities for economic crimes, including online fraud, money laundering, identity theft, illegal trade, and misuse of personal data. These problems raise important legal questions concerning the responsibility of digital platforms that manage commercial transactions and control marketplace activities. This study analyzes the legal liability of digital platforms for economic crimes within marketplace ecosystems and develops an appropriate model of platform accountability for Indonesia by drawing lessons from Singapore. The study applies normative legal research through statutory, conceptual, and comparative approaches. The findings reveal three major problems. First, Indonesian law regulates digital platform responsibility through fragmented provisions that do not clearly define the scope of platform liability for economic crimes committed by third parties. Second, the existing legal framework does not impose adequate obligations on platforms to conduct due diligence, identify transaction risks, prevent unlawful activities, and maintain effective internal governance. Third, the comparison with Singapore demonstrates the importance of preventive obligations, effective risk assessment, transparent governance, and proportionate responsibility in strengthening platform accountability. This study concludes that Indonesia should establish a risk-based accountability model that requires digital platforms to actively prevent foreseeable economic crimes while maintaining proportionate liability according to their authority, knowledge, control, and involvement in marketplace activities.

Mediation in Land Dispute Resolution for Preventing Criminal Offenses

Dinda Tiara Gisani — 2026-08-08

Land disputes remain a persistent legal problem in Indonesia because land holds significant social, economic, and legal value and frequently generates competing claims among individuals and institutions. Unresolved disputes may escalate beyond civil disagreements and contribute to criminal offenses, including unlawful occupation, document falsification, and other unlawful conduct concerning land rights. This study examines the role and effectiveness of mediation in resolving land disputes and preventing related criminal offenses at the Surakarta City Land Office. The research applies an empirical legal method with a qualitative approach by examining the implementation of mediation, institutional practices, and obstacles encountered during dispute resolution. The findings demonstrate that mediation provides an important nonlitigation mechanism for facilitating dialogue, reducing conflict, and encouraging mutually acceptable settlements. However, its effectiveness remains limited by the unwillingness of disputing parties to participate constructively, emotional tensions between the parties, insufficient numbers of competent and certified mediators, inadequate supporting facilities, and limited legal awareness. When mediation fails to produce an agreement, disputing parties generally pursue litigation, which may prolong conflict and increase the possibility of unlawful conduct. The study concludes that strengthening mediator competence, improving institutional capacity, increasing public legal awareness, and encouraging meaningful participation can enhance mediation as a preventive legal mechanism against criminal offenses arising from land disputes.

Human Insecurity and Security Governance amid Conflict and Crisis in Nigeria

Paul Atagamen Aidonojie — 2026-08-08

Human insecurity continues to pose a serious challenge in Nigeria as violent conflicts and public health crises threaten lives, property, livelihoods, and social stability. Although security agencies have a fundamental responsibility to protect citizens and maintain public order, persistent criminal activities and recurring social conflicts reveal significant weaknesses in the existing security governance system. This study examines how violent conflicts and pandemic crises influence human insecurity in Nigeria and evaluates the effectiveness of security agencies in responding to these threats. The study applies a hybrid research method that combines doctrinal legal analysis with empirical research. The empirical investigation involved 414 respondents randomly selected from states across Nigeria's six geopolitical zones. The study analyzes the collected data through descriptive and analytical methods and examines the relevant legal and institutional frameworks governing public security. The findings show that violent conflicts and pandemic crises create social and economic conditions that increase vulnerability to crime and deepen human insecurity. The study also finds that limited institutional capacity, inadequate coordination, insufficient technological resources, and weak responses to underlying social, economic, political, and public health problems restrict the ability of security agencies to prevent crime effectively. The study concludes that Nigeria must strengthen security governance through an integrated approach that addresses the causes of violent conflict and public health vulnerability. Stronger institutional coordination, adequate resources, modern crime prevention technology, and responsive social policies can improve the capacity of security agencies to protect citizens and reduce human insecurity during periods of crisis.