Article Per Year (5 Year)
p-Index From 2021 - 2026
0.92
P-Index
This Author published in this journals
All Journal Jurnal Ilmu Hukum The Juris Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Ilmu Hukum Prima
Dewi Iryani
Universitas Bung Karno, Jakarta, Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
KEWENANGAN IDEAL MAHKAMAH PELAYARAN DALAM MENYELESAIKAN KECELAKAAN KAPAL UNTUK MEWUJUDKAN KEADILAN Sarif Sarwono; Ismail; Dewi Iryani
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1896

Abstract

The Shipping Court (Mahkamah Pelayaran) is a judicial body under the Ministry of Transportation (Kementerian Perhubungan) authorized to examine and rule on ship accidents, particularly concerning aspects of maritime safety and the responsibility of the shipmaster or officers, by issuing administrative sanctions. The regulations governing the function, authority, and duties of the Shipping Court are stipulated in Law Number 66 of 2024 concerning the third amendment to Law Number 17 of 2008, specifically in Articles 251 to 253 of the Shipping Law. Article 251 of the Shipping Law concerns the function of the Shipping Court; Article 252 concerns the authority to examine collisions between merchant ships, merchant ships and state-owned ships, and merchant ships and warships; and Article 253 outlines the duties of the Shipping Court, which include investigating the cause of a ship accident, determining the existence of procedural error or negligence on the part of the shipmaster or ship officer, examining the negligence of the operator, ship owner, or officers that led to the accident, and recommending administrative sanctions to the Minister. The method used in this research is normative legal research, conducted to obtain the necessary data related to the problem. The data utilized is secondary data, consisting of primary, secondary, and tertiary legal materials. Additionally, primary data is used to support the secondary data. Data analysis is performed using the qualitative juridical analysis method. The results of this study indicate that the current authority of the Shipping Court remains administrative and is not yet able to address the need for a more comprehensive sense of justice for victims, ship owners, or damaged third parties. This is significant because every ship accident involves not only technical navigation issues but also economic, environmental, and social losses. Although Law Number 66 of 2024 provides stronger administrative sanctions, it does not change the position of the Shipping Court as a quasi-judicial institution. Therefore, a restructuring of its authority toward a more integrative approach is needed so that the decisions of the Shipping Court can be recognized as part of the judicial process and serve as considerations for judges in the General Courts (Pengadilan Umum). This integrative process can be achieved by appointing the expert panel of the Shipping Court as ad hoc judges in the General Courts. This would allow the General Court's decisions to enhance and strengthen their quality through accurate and appropriate maritime technical considerations, given the expert panel's specialized background, experience, and expertise in shipping, thereby creating harmony between the decisions of the Shipping Court and the General Courts and reducing contradictions and strengthening legal certainty.
KEPASTIAN HUKUM CRYPTOCURRENCY SEBAGAI ALAT PEMBAYARAN DI INDONESIA Andre Febrianto; Ismail; Dewi Iryani
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1897

Abstract

The rapid development of cryptocurrency as a global digital financial instrument has created legal challenges, particularly concerning its status as a medium of exchange. In Indonesia, the legal standing of cryptocurrency faces duality and ambiguity. On one hand, the Commodity Futures Trading Regulatory Agency (BAPPEBTI) regulates and recognizes cryptocurrency as a tradable commodity on the futures exchange. On the other hand, Bank Indonesia (BI) strictly prohibits its use as a legal tender, based on Law Number 7 of 2011 concerning Currency, which affirms the Rupiah as the sole legal medium of payment. This study aims to analyze the legal consequences of using cryptocurrency as a means of payment in Indonesia and to formulate a regulatory concept that can realize legal certainty. This research employs a normative legal research method with a qualitative approach. The data utilized includes primary, secondary, and tertiary legal materials. The results of the study indicate that the use of cryptocurrency as a means of payment can result in the cancellation of a private agreement (based on Article 1337 of the Indonesian Civil Code), administrative sanctions from BI and BAPPEBTI, and potential criminal exposure related to Money Laundering Offenses (TPPU). To achieve legal certainty, an integrated regulatory framework is required, encompassing: (1) clear classification of cryptocurrencies (payment, utility, security tokens); (2) the establishment of a special law regarding digital assets; (3) coordination among regulatory institutions (BI, OJK, BAPPEBTI, Kominfo); (4) effective consumer protection and dispute resolution mechanisms; and (5) the integration of Anti-Money Laundering (AML) and Know Your Customer (KYC) principles. Policy recommendations include strengthening socialization efforts, adopting a regulatory sandbox, and accelerating the Central Bank Digital Currency (CBDC) project, the Digital Rupiah.
Legal Certainty of the Application of Electronic Signatures in the Creation of Notarial Authentic Deeds Erlim Saat; Dewi Iryani; Gradios Nyoman Tio Rae
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.12913

Abstract

In modern legal frameworks, the application of electronic signatures should enhance legal certainty, expedite the preparation of notarial authentic deeds, and provide maximum protection for the parties involved. In reality, digital notary practices in Indonesia still face legal uncertainty, regulatory disharmony among the Notary Law (UUJN), Electronic Information and Transactions Law (UU ITE), Government Regulation on Electronic Systems and Transactions (PP PSTE), and the Civil Code (KUH Perdata), as well as technical and procedural implementation limitations that may give rise to potential legal disputes. This study aims to analyze the regulation of electronic signatures and authentic deeds within the framework of Indonesian positive law, assess legal strength, effectiveness, and challenges in implementing Cyber Notary, and explore regulatory disharmonies. The research employs a normative legal method with a qualitative approach, utilizing primary and secondary legal materials and interviews with notary practitioners. The findings highlight the need for regulatory harmonization, strengthened procedures and digital governance, and the development of clear implementation guidelines to ensure effective, secure, and legally certain digital notary practices in Indonesia.
Law Enforcement against Illegal Gold Mining: Navigating Regulatory and Justice Dilemmas in Indonesia Mustakim Mustakim; Dewi Iryani; Hartana Hartana
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 2 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i2.13513

Abstract

Law Number 3 of 2020 shifted the mining licensing paradigm from decentralization to centralization, yet the reality on the ground shows an increase in Illegal Gold Mining (PETI) activities accompanied by environmental damage and socio-economic dilemmas for poor communities. This research offers novelty by integrating the analysis of licensing arrangements as a preventive instrument, the effectiveness of criminal law enforcement under Article 158 of the Mining Law, and procedural and substantive obstacles in the field simultaneously. The research method used is normative juridical with statutory and conceptual approaches, supported by primary data from limited interviews with law enforcement officers. The findings show that licensing centralization has not been effective in preventing PETI due to the undesignated People's Mining Areas, corrupt bureaucracy, and weak supervision. Criminal law enforcement faces obstacles such as limited investigators, difficulties in evidence gathering, and the presence of protecting officials. Officers experience a social dilemma as they must enforce the law amidst the reality of poor communities dependent on PETI. This study recommends bureaucratic reform, designation of People's Mining Areas, strengthening investigator capacity, and a progressive and just legal approach.
Legal Settlement Of Breach Of Bank Loan Agreement With Fair Guarantees Binsar Jon Vic S; Dewi Iryani
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7636

Abstract

Debt is an integral part of the business world, particularly as a solution for entrepreneurs experiencing capital shortages. Financial institutions, particularly banks, act as facilitators providing credit with or without collateral. A crucial aspect of credit provision is the existence of collateral to protect the bank, as the creditor, from the risk of default by the debtor. This study aims to analyze the legal resolution of default in bank loan agreements secured by certificates in a fair manner, using the case study of Decision Number 141/Pdt.GS/2021/PN Byw. This study uses a normative juridical method with a descriptive-analytical approach, based on primary, secondary, and tertiary legal materials. The results of the study indicate that legally, banks have the right to execute collateral if the debtor is in default, according to Article 6 and Article 20 of the Mortgage Law. However, in practice, the execution process is often faced with resistance from debtors who lack good faith, including the filing of new lawsuits to hinder the execution. In the context of justice, the judge in the decision of the case did not immediately grant all of the bank's demands, but instead considered the principle of substantive justice by rejecting some of the fine demands that were deemed disproportionate. This approach aligns with the views of legal philosophers such as Aristotle, John Rawls, and the progressive legal thought of Satjipto Rahardjo, who emphasized that justice is not merely formal equality but also treatment appropriate to the social and moral context. Therefore, the court's decision in this case demonstrates the implementation of guarantee law in accordance with statutory regulations and reflects the value of justice in resolving banking disputes.
Co-Authors Andre Febrianto Binsar Jon Vic S Erlim Saat Gradios Nyoman Tio Rae Hartana Ismail Ismail Mustakim Mustakim Sarif Sarwono