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p-Index From 2021 - 2026
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Zulfikar Ali
Institut Informatika dan Bisnis Darmajaya
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perizinan Berusaha dalam Perspektif Hukum Administrasi Negara dan Ekonomi Zulfikar Ali; Intan Meitasari; Yuniwati Yuniwati
Journal of Law and Economics Vol. 5 No. 1 (2026): MAY
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v5i1.426

Abstract

This study examines the role of State Administrative Law in promoting efficiency in the economic sector and social welfare through business licensing regulations. This issue is important because business licensing is not only an instrument of government control but also influences business actor behavior, transaction costs, legal certainty, and market competitiveness. The purpose of this study is to analyze government authority in terms of business licensing regulations and assess the extent of its influence on economic efficiency and public welfare. This study uses a normative juridical method with a statutory regulatory approach and a conceptual approach. Data were collected through a literature review of statutory regulations, state administrative law literature, and legal and economic studies. The analysis was conducted qualitatively by examining the relationship between administrative authority, licensing services, business actor compliance, and their impact on economic activity. The results of this study indicate that simple, transparent, and accountable business licensing can reduce bureaucratic barriers, increase compliance, and create certainty for business actors. Thus, State Administrative Law contributes significantly to building efficient, fair, and social welfare-oriented economic governance.  
Preventing Criminalization of Default: Legal Certainty in the Settlement of Debt Agreements Besti Lilyana; Mashuril Anwar; Zulfikar Ali; Shakila Kirana; Dian Herlambang; Dewi Noviyanti
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.3650

Abstract

This research examines the uncertainty in distinguishing fraud and default in debt agreements in Indonesia and its impact on legal certainty. Adopting an empirical normative legal approach, the research analyzes court decisions and relevant legal materials using qualitative methods. It finds that classifying an act as fraud or default depends on whether the agreement is made in bad faith. To enhance legal certainty and prevent the criminalization of good-faith parties, the research proposes several alternatives: establishing guidelines for handling default cases, including compensation for acquitted defendants in court decisions, resolving disputes through simple lawsuits, and utilizing out-of-court settlement mechanisms. The findings provide practical guidance for law enforcement and judicial authorities in differentiating civil defaults from criminal fraud.
Co-Authors Besti Lilyana, Besti Dewi Noviyanti dian herlambang Intan Meitasari Mashuril Anwar Shakila Kirana Yuniwati