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All Journal Novum : Jurnal Hukum Indonesia Private Law Review
Rafan Darodjat
Universitas Padjajaran
Law, Crime, Criminology & Criminal Justice

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THE PARADIGM SHIFT IN CONTRACT INTERPRETATION: A COMPARATIVE ANALYSIS OF INDONESIA, NEW ZEALAND, THE CISG, AND THE UPICC Mursal Maulana; Jani Purnawanty; Rafan Darodjat; Meliesa Permatahati; Michael Wolff
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.4681

Abstract

Contract interpretation remains a contested issue in contract law, particularly under the Indonesian Civil Code, which reflects a civil law tradition that prioritizes textual interpretation. Modern commercial practice, however, demands a more contextual approach. This article examines how Indonesia can modernize its interpretive framework through a normative comparative analysis of the Indonesian Civil Code and the contract law of New Zealand, with reference to the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. The study finds that contemporary contract law has shifted toward an objective contextual approach that preserves the primacy of contractual language while incorporating commercial context, reasonableness, and good faith. Incorporating this approach into the Indonesian Civil Code would enhance interpretive consistency, strengthen judicial reasoning, and provide a principled foundation for contract law reform in Indonesia.
Badan Pengaturan BUMN dan Badan Pengelola Investasi Daya Anagata Nusantara: Dualisme Kewenangan dalam Pengelolaan BUMN Berdasarkan Perspektif Hukum Administrasi Muh. Ali Masnun; Muklis Al Anam; Rafan Darodjat
NOVUM : JURNAL HUKUM Vol. 13 No. 2 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i2.78724

Abstract

The establishment of the State-Owned Enterprises Regulatory Agency (BP BUMN) and the Daya Anagata Nusantara Investment Management Agency (BPI Danantara) under Law No. 16 of 2025 on State-Owned Enterprises marks a significant change in the institutional design of SOE management in Indonesia. This restructuring separates regulatory and supervisory functions from the separate function of managing state investments, with the aim of strengthening governance and enhancing the professionalism of SOE management. However, from an administrative law perspective, this separation has the potential to create a dualism of authority and overlapping functions among institutions. This study aims to analyze the legal status of the State-Owned Enterprises Regulatory Agency (BP BUMN) and the Danantara Investment Agency (BPI Danantara) within the government’s administrative institutional system, as well as to examine potential conflicts of authority arising in the practice of SOE management. The research method employed is normative legal research using a statutory approach and a conceptual approach. The study’s findings indicate that, although there has been a normative separation of the functions of the regulator and the investment manager, there remains an overlap of authority that has the potential to create legal uncertainty, particularly in strategic policymaking, the management of segregated state assets, and the implementation of Public Service Obligations (PSO). Therefore, clearer regulations are needed regarding the boundaries of authority, coordination mechanisms, and accountability frameworks for these two institutions to ensure alignment with the principles of legality, legal certainty, and good governance within Indonesia’s administrative system.
Co-Authors Jani Purnawanty Masnun, Muh Ali Maulana, Mursal Meliesa Permatahati Michael Wolff Muklis Al Anam