Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal NOMOI Law Review Journal of Sharia (JOSH) Journal of State Democracy
Fadli Maulana
Universitas Nusa Cendana Kota Kupang, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
RECONSTRUCTION CONSUMER PROTECTION IN PROPERTY DEVELOPER INSOLVENCY: A COMPARATIVE LEGAL CRITIQUE OF INDONESIA, SINGAPORE, AND AUSTRALIA Maulana, Fadli
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.27180

Abstract

Consumer protection in failed property development transactions involving bankrupt developers remains a structural weakness within Indonesia’s legal system. Consumers often face legal and financial burdens, such as ongoing loan obligations, despite project non-performance and lack of priority in bankruptcy proceedings. This study aims to analyze Indonesia’s consumer protection framework in this context using normative-juridical and comparative legal methods, examining best practices from Singapore and Australia. The research finds that Indonesia lacks an integrated regime across contract, consumer, and insolvency law, resulting in fragmented protections and systemic risk to consumers. By contrast, Singapore mandates escrow accounts and standardized sale contracts, while Australia imposes statutory trust accounts, home warranty insurance, and enforceable certification and inspection schemes. Furthermore, both jurisdictions provide institutional redress mechanisms, including tribunals with binding adjudicative authority. The study also highlights actual cases, including the Porter Davis insolvency response and QCAT decisions, that demonstrate the efficacy of coordinated regulatory and adjudicative frameworks. The findings suggest that Indonesia must adopt structural legal reforms, including escrow mandates, recognition of consumers as preferential creditors, and enhanced supervisory institutions. This research is useful for legislators, regulators, and scholars seeking to construct a more equitable, accountable, and resilient consumer protection system in Indonesia’s property sector. 
Power Relations in Local Democracy: An Analysis of the Position of BPD and Village Heads in the Indonesian Constitutional System: Relasi Kekuasaan dalam Demokrasi Lokal: Analisis Kedudukan BPD dan Kepala Desa dalam Sistem Ketatanegaraan Indonesia Adhe Ismail Ananda; Fadli Maulana; Muh. Taqwin Tahir; Rahmat Angga Dwi Putra
Journal of State Democracy Vol. 1 No. 1 (2025): Journal of State Democracy 
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/jsd.v1i1.54

Abstract

Village democracy is the embodiment of people's sovereignty guaranteed in Law Number 6 of 2014 concerning Villages. BPD is presented as a community representation institution that functions deliberative and supervises the Village Head as an executive. However, in practice, the role of BPD is often ineffective because the election process is often intervened by the Village Head, even the membership is dominated by people close to the village executive. As a result, BPD more often acts as a policy "stamp" rather than carrying out a supervisory function. This study uses a normative juridical method with a legislative and conceptual approach. The results of the study show that the relationship between BPD and Village Head is still uneven, with the dominance of village executives and weak BPD independence. This condition lowers the quality of local democracy and weakens the principle of checks and balances. Therefore, it is necessary to strengthen the BPD election mechanism, increase institutional capacity, and participatory supervision for a more accountable village democracy.
WANPRESTASI PERUMAHAN SYARIAH NON-BANK: URGENSI STANDARDISASI LABEL ‘SYARIAH’ MELALUI SERTIFIKASI KEPATUHAN Fadli Maulana
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2750

Abstract

The marketing of Sharia labeled housing by non bank developers has grown rapidly, yet the absence of binding standards and verification for the use of the Sharia label allows compliance claims to be made on a self declared basis, creating information asymmetry and contributing to widespread developer default and consumer losses. This article examines how the normative gap in standardizing and verifying Sharia labeling in non bank Islamic housing projects increases the risk of default and consumer vulnerability, and proposes a mandatory certification model as a preventive consumer protection instrument. Employing a normative legal method with statutory, conceptual, and case approaches, the study analyzes Indonesia’s consumer protection regime, the Halal Product Assurance framework, Sharia governance rules, and reported cases of default in non bank Sharia housing schemes. The findings indicate that, in practice, the Sharia label operates as a powerful compliance claim in marketing, but in the absence of enforceable auditing mechanisms it is often used without guarantees regarding project legality, contract structure, or financial capacity, thereby generating gharar, misrepresentation, and risk shifting to consumers. The article proposes a three pillar Sharia label: certification design legal verification, Sharia audit, and financial oversight, implemented by competent authorities as a prerequisite for using the Sharia label in promotion; absent such certification, Sharia claims should be treated as misleading information and unlawful advertising, subject to administrative sanctions and civil liability under the consumer protection framework
Co-Authors Adhe Ismail Ananda Muh. Taqwin Tahir Rahmat Angga Dwi Putra