Fibran Ahmad Firdaus
universitas Muhammadiyah jember

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KETENTUAN AMBANG BATAS DEFISIT ANGGARAN PENDAPATAN DAN BELANJA NEGARA (APBN) 3% DITINJAU BERDASARKAN PRINSIP KEPASTIAN HUKUM DALAM KONDISI DARURAT TERTENTU Fibran Ahmad Firdaus; Aris Yuni Pawestri
Jurnal Yuridis Vol 13 No 1 (2026): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v13i1.14495

Abstract

This research examines the normative tension between the 3% GDP budget deficit ceiling under Law Number 17 of 2003 on State Finance and the fiscal flexibility introduced by Law Number 2 of 2020 during the COVID-19 pandemic emergency. The central issue is whether this rigid deficit ceiling satisfies the principle of legal certainty when applied under specific emergency conditions. This study employs normative legal research with a statute approach and a conceptual approach, employing a prescriptive analytical method. The findings indicate that the 3% ceiling, as a fixed legal norm, potentially conflicts with legal certainty principles when emergency conditions demand greater fiscal flexibility. This research recommends explicit normative reformulation governing deficit exceptions within a state financial law framework that remains adaptive yet measurable and accountable.
Cybersecurity Risks and Legal Protection for Financial Investors in Indonesian and Malaysian Equity Crowdfunding Aris Yuni Pawestri; Amara Diva Abigail; Basuki Kurniawan; Fibran Ahmad Firdaus
Indonesia Law Reform Journal Vol. 6 No. 2 (2026): July 2026
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v6i2.45137

Abstract

This paper examines how cybersecurity risks are regulated within the ECF frameworks of these two countries and evaluates the effectiveness of the legal protections provided to financial investors. This study investigates the following central research question: how can a comparative legal framework be developed to strengthen the legal protection of financial investors against cybersecurity risks on Indonesian and Malaysian equity crowdfunding platforms? This study employs a normative legal research method, drawing on statutory, conceptual and comparative approaches. The legal materials examined include legislation, regulatory policies, cybersecurity governance frameworks and academic literature on equity crowdfunding and investor protection in Indonesia and Malaysia. The research reveals that both jurisdictions have established legal frameworks governing equity crowdfunding and digital financial services. However, cybersecurity governance, regulatory supervision, data protection standards and platform liability significantly differ. While Malaysia adopts a more integrated regulatory approach through centralised supervision and clearer cybersecurity requirements, Indonesia continues to experience regulatory fragmentation and overlapping institutional authority. The analysis shows that existing regulations in both countries primarily focus on financial compliance and market supervision, whereas legal protection against cybersecurity-related losses is minimal. Consequently, investors may face legal uncertainty when cyber incidents result in financial harm or unauthorised access to investment assets. Based on these findings, the study recommends developing a comparative legal framework that emphasises cyber resilience, stronger cybersecurity obligations for platform operators, enhanced investor rights, integrated regulatory supervision and clear liability mechanisms for cyber-related losses. Such reforms are expected to strengthen investor confidence, improve legal certainty and support the sustainable growth of equity crowdfunding ecosystems in Indonesia and Malaysia.