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Novaranty Zura Dwiputri
Universitas Pembangunan nasional Veteran

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Permohonan Pailit terhadap developer perumahan dalam Praktik Peradilan di Indonesia dan Malaysia Agung Hermansyah; Harul Surya Fernanda; Novaranty Zura Dwiputri
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.16

Abstract

This article aims to comparatively examine the legal mechanisms for filing bankruptcy petitions against housing developers in Indonesia and Malaysia, with a particular focus on the effectiveness of consumer protection. The research is motivated by the rising number of stalled housing projects and the weakened legal position of consumers, especially in Indonesia following the issuance of Supreme Court Circular Letter (SEMA) No. 3 of 2023, which restricts the use of bankruptcy petitions against property developers. This study employs a normative legal research method with a comparative law approach, analyzing statutory regulations, court decisions, and relevant legal literature from both countries. The findings reveal that Malaysia offers a more consumer-responsive insolvency framework through the implementation of escrow accounts, performance bonds, clear legal segmentation between individual and corporate bankruptcy, and the presence of a dedicated housing regulatory authority. In contrast, Indonesia continues to face legal uncertainty and lacks sufficient consumer protection mechanisms in bankruptcy cases involving developers. The study concludes that Indonesia’s bankruptcy law requires reform to become more adaptive and consumer-oriented. The recommendation includes strengthening bankruptcy regulations, integrating escrow account mechanisms into national law, and establishing an independent housing supervisory body to enhance developer accountability and ensure legal certainty for homebuyers.
Tata Kelola Keuangan Negara Di Era Post Pandemi: Kajian Hukum Atas Pengelolaan Dana Pemulihan Ekonomi Nasional Ismarini Della purnama; Novaranty Zura Dwiputri; Walidul Halim; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.34

Abstract

The COVID-19 pandemic compelled the Indonesian government to adopt extraordinary fiscal measures to maintain national economic stability. One of the key instruments was the National Economic Recovery (PEN) Program, which allocated Rp695.2 trillion in 2020 and increased in subsequent years. Although implemented under emergency conditions, the program remained subject to the principles of state financial governance mandated by national laws, particularly Law No. 1 of 2004 on State Treasury. This study examines the extent to which the principles of transparency, accountability, efficiency, and public participation were applied in the management of PEN funds during the post-pandemic period, and identifies legal and institutional challenges that hinder their implementation. Using a normative juridical approach combined with qualitative analysis of legislation, state financial reports, and audit findings from the Supreme Audit Agency (BPK), the research finds that despite adequate regulatory provisions, several gaps persist in practice. These include limited fiscal data integration, weak cross-sector oversight, inconsistent disclosure of budget realization, and insufficient mechanisms for meaningful public engagement. The study also highlights structural constraints within implementing agencies that reduce policy coherence and delay monitoring processes. Strengthening legal instruments, enhancing digital transparency systems, and improving public accountability frameworks are therefore essential to ensure effective and legitimate state financial management when responding to future crises.
Co-Authors Agung Hermansyah Harul Surya Fernanda Irwan Triadi Ismarini Della Purnama Walidul Halim