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Johanes Ibrahim Kosasih
Universitas Warmadewa

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An Executive Law Review of Paid Up Capital Regulations for Foreign Investment Limited Liability Companies as a Mechanism of Legal Protection for the Indonesian Public Gede Amatya Ananta; Johanes Ibrahim Kosasih; Ni Luh Made Mahendrawati
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.53713

Abstract

Foreign Direct Investment (FDI) through the establishment of Limited Liability Companies (PT PMA) plays a strategic role in driving national economic development. However, weak regulation and supervision of minimum paid-up capital requirements have triggered various legal issues, including fictitious capital injections, unfair business competition, and threats to public interests. This study aims to examine the effectiveness of paid-up capital regulations in PT PMA through an executive law review approach and to identify legal loopholes that allow regulatory deviations. The research adopts a normative juridical method with statutory, conceptual, and non-judicial case study approaches. The findings reveal fundamental weaknesses in the current regulatory framework, including the absence of independent verification mechanisms, overly permissive norms, and weak administrative sanctions. Accordingly, regulatory reform is necessary by introducing sector-based capital thresholds, mandatory external audits, and strengthening cross-sectoral supervision. Improved regulatory governance is expected to enhance legal protection for the public and ensure that foreign investment delivers tangible and sustainable contributions to the national economy.
Legal Reformulation of Coastal Land Utilization for Beach Club Businesses as a Support for Sustainable Tourism in Bali Ni Nyoman Sri Puspadewi; Johanes Ibrahim Kosasih; I Ketut Kasta Arya Wijaya
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.53711

Abstract

The rapid growth of beach club enterprises along Bali’s coastal areas reflects the ongoing transformation of tourism from a cultural-spiritual model toward a commercial paradigm that often disregards ecological, social, and cultural dimensions. The use of coastal land as business space is not merely an economic or spatial planning issue; it also deeply engages with the religious-magical values of Balinese society, which are grounded in the Tri Hita Karana philosophy. However, within the framework of national law, beach clubs have yet to be recognized as a distinct business entity, neither under Law No. 10 of 2009 on Tourism, Law No. 26 of 2007 on Spatial Planning, nor within the KBLI classification system or the OSS-RBA licensing mechanism. This legal vacuum creates room for the exploitation of coastal areas, leading to conflicts of interest among investors, indigenous communities, and the environment. Through a normative and socio-juridical approach, this study proposes a comprehensive regulatory formulation, including the addition of a specific business classification within national tourism policy, revision of the KBLI, and the establishment of local zoning regulations for coastal areas that are participatory and rooted in local wisdom. The findings highlight the importance of recognizing beach clubs as tourism-supporting businesses that adhere not only to the principles of lex certa and lex scripta but are also in harmony with the social and spiritual fabric of Balinese society. This reformulation is expected to serve as a convergence point between legal certainty, environmental protection, and the sustainability of local culture in the pursuit of a holistic and just tourism development model for Bali.