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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES JURNAL USM LAW REVIEW
Shinta Hadiyantina
Brawijaya University
Education Languange, Linguistic, Communication & Media Social Sciences

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A Comparative Study of Class Action Procedures in France and Lithuania as a Solution to the Legal Vacuum in Indonesia’s Administrative Courts Jeremiah Jung Liah; Shinta Hadiyantina; Sudarsono Sudarsono
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 1 (2026): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i1.29509

Abstract

Research on the absence of a class action mechanism in Indonesia’s Administrative Courts (PTUN) is crucial given the massive impact of government policies on groups of citizens. This study aims to analyze the legislative rationale behind current regulations, the legal implications of the regulatory vacuum, and to formulate an ideal class action framework for the PTUN through a comparative study with France and Lithuania. The research method employed is normative legal analysis using legislative, conceptual, comparative, and case-based approaches. The findings reveal that the absence of explicit rules leads to legal uncertainty and disparity in judicial decisions, as current procedures rely on civil procedural law that is incompatible with the public law characteristics of the PTUN. Based on the French and Lithuanian models, this study proposes redefining the legal subject as “members of the public” and integrating a standalone class action procedure into the PTUN Law. In conclusion, this transformation is crucial for realizing the principles of speedy and cost-effective adjudication, to ensure collective rights are protected from administrative arbitrariness in accordance with the ideals of the Indonesian welfare state.
Integration of the Authorities of APIP and BPK in Calculating State Financial Losses Murad Fadirah; Moh Fadli; Shinta Hadiyantina
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 2 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i2.30317

Abstract

This study aims to analyze the legal implications of the differences in the positions and sources of authority of the APIP and the BPK in calculating state losses against the evidentiary value of audit results in corruption cases, as well as to analyze the integration model of the APIP and BPK authorities to avoid potential differences in audit results in determining the amount of state financial losses. The research method used is normative juridical legal research. The approaches used are the statute approach, the conceptual approach, and the case approach. The results of this study indicate that the positions and sources of authority of the APIP and the BPK have implications for the evidentiary strength of audit results in corruption cases. The integration of authority between the APIP and the BPK can be done through a single gate authority mechanism that positions the BPK as the supreme audit institution that must be coordinated by law enforcement officials to avoid differences in audit results in calculating state losses.
The Validity of The Decree of The Regent of Selayar Islands Regarding the Determination of State Houses That Do Not Conform to the Type of State House Rachmad Aldiansyah; Aan Eko Widiarto; Shinta Hadiyantina
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 2 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i2.30266

Abstract

The issuance of the Selayar Islands Regent’s Decree regarding the placement of non-Echelon II Civil Servants (PNS) in Category III, Class B State Residences has triggered a vertical conflict of norms with legislation at the central government level. This study aims to analyse the administrative validity of this action and to map out its legal implications for local government and civil servants. The research method employed is a legal-normative approach utilising legislative, conceptual, and case-based methodologies. The findings indicate that the Regent’s Decision is valid (rechtmatig) as it meets the parameters of authority, procedure, and substantive validity through the exercise of proportional discretion (freies ermessen). Following the enactment of Law No. 6 of 2023 on Job Creation, rigid restrictions on discretion have been reduced, meaning this decision effectively breaks administrative deadlock and safeguards state assets without falling foul of abuse of power. Internally, this decision provides legal certainty and protection for civil servants against arbitrariness (willekeur), whilst externally it optimises the collection of fees to enhance local fiscal capacity.
Reconstructing PMN Accountability in Indonesian State-Owned Enterprise Governance Muhammad Luthfi Ghifari; Sukarmi Sukarmi; Shinta Hadiyantina; Djumikasih Djumikasih
JURNAL USM LAW REVIEW Vol. 9 No. 3 (2026): SEPTEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v9i3.14609

Abstract

This study aims to analyze the legal status of State Capital Participation (Penyertaan Modal Negara—PMN) granted to PT Permodalan Nasional Madani (PT PNM) and to formulate an integrated accountability framework capable of reconciling the normative conflict between state finance law and corporate law in Indonesian State-Owned Enterprises (SOEs). Existing studies have predominantly examined PMN from economic, asset management, or criminal law perspectives, leaving unresolved the legal uncertainty concerning separated state assets, directors’ liability, and the relationship between constitutional accountability and corporate governance. This research employs a normative juridical method using statutory, conceptual, and case approaches, with legal materials analyzed through doctrinal reasoning and systematic legal interpretation. The findings reveal that PMN should be understood as a hybrid legal institution that constitutionally remains part of state finance while being operationally managed under corporate governance principles, including separate legal personality, fiduciary duty, and the Business Judgment Rule. The novelty of this study lies in the formulation of a hybrid accountability framework integrating administrative accountability, fiduciary-based civil liability, and criminal liability as a proportional premium remedium, thereby establishing clear legal boundaries between legitimate business risk and unlawful management of state capital. This study contributes theoretically to the harmonization of state finance law and corporate governance, while providing a normative framework for strengthening legal certainty, regulatory coherence, and sustainable governance of Indonesian SOEs.
Co-Authors Aan Eko Widiarto Djumikasih Djumikasih Jeremiah Jung Liah Moh Fadli Muhammad Luthfi Ghifari Murad Fadirah Rachmad Aldiansyah Sudarsono Sudarsono Sukarmi Sukarmi