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Muhammad Ruhunussa
Universitas Islam Syekh Yusuf-Tangerang
Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences

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TINJAUAN YURIDIS PENYELESAIAN SENGKETA PERDAGANGAN INTERNASIONAL DALAM KERANGKA WTO DAN HUKUM NASIONAL INDONESIA Irwan Soeharlim; Annie Myranika; Muhammad Ruhunussa; Anharyanto
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.521

Abstract

International trade dispute settlement is an important instrument in maintaining the stability of the global trading system. The World Trade Organization (WTO) through the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides a binding adjudicative mechanism for member states. This study aims to analyze the WTO dispute settlement mechanism, the implementation of WTO provisions in Indonesian national law, and the harmonization between international trade law and Indonesia’s national interests. This research uses a normative juridical method with statutory, conceptual, and case approaches. The results indicate that the WTO dispute settlement mechanism consists of consultation, panel proceedings, appeals, and implementation of decisions. Indonesia has adopted WTO principles into national regulations, particularly through Law Number 7 of 2014 concerning Trade and Law Number 24 of 2000 concerning International Treaties. However, harmonization between national law and WTO provisions still faces challenges, especially regarding the protection of national interests, downstream natural resource policies, and the WTO Appellate Body crisis. The DS592 nickel export dispute and DS480 biodiesel dispute demonstrate the dynamic relationship between international obligations and national economic sovereignty. Therefore, strengthening international trade law capacity and WTO reform are necessary to create a fairer and more balanced international trading system.
DINAMIKA BATAS KEWENANGAN PENGAWASAN ANTARA OJK DAN BANK INDONESIA ATAS AKTIVITAS FINTECH DI SEKTOR PERBANKAN Irwan Soeharlim; Hasnah Aziz; Muhammad Ruhunussa; Hikmat Ansori; Anharyanto
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.522

Abstract

The development of financial technology (fintech) in Indonesia has significantly transformed the financial services system and banking industry. Digital innovations such as electronic payments, peer-to-peer lending, open banking, digital banking, and embedded finance have created new challenges in terms of regulation and supervision. In practice, there are dynamics regarding the boundaries of authority between the Financial Services Authority (OJK) and Bank Indonesia (BI) as two state institutions responsible for regulation and supervision in the financial sector. This study aims to analyze the boundaries of supervisory authority between OJK and Bank Indonesia over fintech activities in the banking sector and their legal implications for legal certainty and consumer protection. This research uses normative legal research methods with statutory and conceptual approaches. The findings indicate that overlapping authorities still occur, particularly in digital payment services, digital banking, electronic payment systems, and the integration of fintech services with banking institutions. Such conditions potentially create regulatory disharmony and legal uncertainty. Therefore, stronger institutional coordination, regulatory harmonization, and the establishment of an integrated supervisory framework between OJK and Bank Indonesia are necessary to ensure effective, adaptive supervision and optimal legal protection for the public.
EKSISTENSI DAN PENGARUH HUKUM ISLAM TERHADAP PEMBENTUKAN HUKUM NASIONAL DI INDONESIA Irwan Soeharlim; Mustofa Kamil; Muhammad Ruhunussa
Berajah Journal Vol. 7 No. 1 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v7i1.702

Abstract

This study examines the existence of Islamic law, the forms and mechanisms of its influence on the formation of Indonesian national law, and its position within the Pancasila-based rule of law and Indonesian legal pluralism. This normative legal research employs statutory, conceptual, historical, and legal-political approaches. Legal materials are qualitatively analyzed through legal interpretation, systematization, conceptual comparison, and legal argumentation. The findings demonstrate that Islamic law has a multilayered existence as a religious norm, living law, a material source of law, and, after undergoing legally recognized processes, part of positive national law. Its application in family law, Religious Courts, waqf, zakat, Islamic economics, halal product assurance, and Aceh's special autonomy reveals a selective, multi-path, multi-actor, multilevel, adaptive, and cyclical transformation. This study develops a Selective Transformation Model of Islamic Law, encompassing substantive, normative-formal, institutional, administrative-regulatory, adjudicative-constitutional, and territorial transformations through substantive, procedural, and constitutional legitimacy. Pancasila and the 1945 Constitution function as the constitutional integrative framework governing such transformation within Indonesia's plural legal system.
Co-Authors Anharyanto Annie Myranika Hasnah Aziz Hikmat Ansori Irwan Soeharlim Mustofa Kamil