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All Journal Jurnal Smart Hukum (JSH)
Martono Anggusti
Universitas HKBP Nommensen Medan, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Challenges in Implementing Sharia Principles in Mudharabah and Musyarakah Contracts in the Sharia Life Insurance Industry Martono Anggusti
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1934

Abstract

This article examines the challenges of implementing sharia principles in mudharabah and musyarakah contracts within Indonesia’s sharia life insurance industry. The study is grounded in the contemporary regulatory architecture of Indonesian insurance law, including the Otoritas Jasa Keuangan regulation on the organization of insurance and sharia insurance business and the DSN-MUI fatwa on mudharabah musytarakah in sharia insurance, both of which recognize investment-based contracts as legitimate contractual structures in sharia insurance operations. Using a qualitative research design, this article applies a normative-empirical approach through document analysis of regulations, fatwas, and sectoral policy documents to identify doctrinal, institutional, operational, and governance-based constraints. The findings show that the principal challenges arise from contract hybridity, ambiguity in profit-sharing formulation, asymmetry of information between operators and participants, limitations in sharia-compliant investment management, weaknesses in product governance, and tensions between prudential regulation and substantive sharia compliance. The analysis further demonstrates that the implementation gap does not primarily stem from the absence of legal basis, but from the complexity of translating regulatory permission into transparent, fair, and accountable business practices. Strengthening standardization, disclosure, supervisory integration, and sharia governance is therefore essential for enhancing legal certainty and public trust in sharia life insurance products in Indonesia.
Resolution of Business Disputes and Recognition of Foreign Arbitral Awards in Indonesia: Barriers and Solutions Martono Anggusti
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.2107

Abstract

International commercial arbitration has become the preferred mechanism for resolving cross-border business disputes due to its neutrality, procedural flexibility, and the near-global enforceability of arbitral awards under the 1958 New York Convention. Indonesia, as a contracting state, has regulated the recognition and enforcement of foreign arbitral awards through Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Nevertheless, the enforcement of foreign arbitral awards in Indonesia remains inconsistent and often unpredictable. Indonesian courts have denied recognition and enforcement on broad and undefined public policy grounds, procedural technicalities, and restrictive reciprocity requirements. This study aims to identify the main legal, institutional, and practical barriers to the recognition and enforcement of foreign arbitral awards in Indonesia and to propose comprehensive solutions. Using a normative qualitative research method with statutory, conceptual, case, and comparative approaches, this article analyzes primary and secondary legal materials. The findings reveal that the key obstacles include the ambiguous public policy doctrine, the centralized exequatur procedure at the Central Jakarta District Court, limited judicial specialization in international arbitration, and an outdated legislative framework that is not fully aligned with international standards. The article argues that Indonesia needs to amend its arbitration law, restrict public policy defenses to international standards, simplify enforcement procedures, establish specialized commercial courts, and enhance judicial training. These reforms are essential to improve Indonesia’s investment climate and its credibility as a pro-arbitration jurisdiction.
Corporate Legal Responsibility for Carbon Emission Disclosure and Environmental Litigation Risk in the Green Economy Era Martono Anggusti
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.2108

Abstract

Climate change has transformed corporate environmental responsibility from a voluntary corporate social responsibility practice into an increasingly enforceable legal and governance obligation. This article examines corporate legal responsibility for carbon emission disclosure and the associated environmental litigation risk in Indonesia’s green economy transition. Using normative qualitative legal research, it analyzes statutory and regulatory frameworks, including Law No. 32 of 2009 on Environmental Protection and Management, Law No. 40 of 2007 on Limited Liability Companies, Law No. 16 of 2016 on the Paris Agreement, Law No. 7 of 2021 on Harmonization of Tax Regulations, Presidential Regulation No. 98 of 2021 on Carbon Economic Value, and OJK sustainable finance regulations. The findings reveal that although Indonesia has established a fragmented but expanding legal basis for carbon disclosure and carbon pricing, the absence of uniform mandatory verification standards creates legal uncertainty. Corporations face administrative, civil, and criminal liability, as well as climate-related litigation for non-disclosure, inaccurate disclosure, or greenwashing. Board members may be personally liable under corporate fiduciary duties. The article recommends integrating carbon disclosure into binding corporate reporting standards, strengthening third-party assurance, clarifying directors’ duties, and developing specialized environmental courts or chambers to manage climate litigation. These reforms are essential to align corporate conduct with Indonesia’s net-zero ambitions and reduce systemic litigation risk in the green economy era.
Implementation of Good Corporate Governance Principles and Business Judgment Rule in State-Owned Enterprises Governance Following the Amendment to the Indonesian State-Owned Enterprises Law of 2025 Martono Anggusti
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.2109

Abstract

The rapid expansion of the gig economy across Southeast Asia has fundamentally disrupted traditional labor market structures, creating a significant regulatory void in the protection of platform workers. This article presents a comparative legal analysis of labor law enforcement for gig economy workers in Indonesia and Singapore, two nations with distinctly different regulatory approaches. Employing qualitative legal research with a normative-comparative approach, this study examines statutory frameworks, judicial interpretations, and policy instruments in both jurisdictions. The findings reveal a striking regulatory divergence: Singapore has enacted the Platform Workers Act 2024, establishing a sui generis legal category with mandatory Central Provident Fund contributions, work injury compensation, and collective representation rights. In contrast, Indonesia continues to rely on fragmented regulations that relegate platform workers to ambiguous "partnership" status, excluding them from basic labor protections under Law No. 13 of 2003. The study identifies that less than 3.5% of Indonesian gig workers possess employment social security, while Singapore provides comprehensive coverage to approximately 70,000 platform workers. The article argues that Indonesia's regulatory inertia constitutes structural inequality that perpetuates worker vulnerability, and recommends the adoption of a hybrid "third category" legal framework inspired by Singapore's progressive model, while adapting it to Indonesia's unique socio-economic context. Furthermore, the article examines Indonesia's post-amendment governance of state-owned enterprises under Law No. 1 of 2025, which strengthens Good Corporate Governance and Business Judgment Rule protections, though implementation challenges persist. The effectiveness of both regulatory reforms depends significantly on consistent internal controls, transparent metrics, and principled judicial interpretation.
Harmonization of Competition Law and the 2026 Indonesian Standard Industrial Classification (KBLI) Regulation in Supporting the Investment Climate Martono Anggusti
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.2110

Abstract

This article examines the normative and institutional disharmony between Indonesia’s competition law, Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and the 2026 Indonesian Standard Industrial Classification (KBLI) as the primary regulatory taxonomy for business licensing and investment. The 2026 KBLI introduces new industrial codes reflecting digitalization, the green economy, and service-based business models, yet its interface with competition law remains fragmented. Employing a qualitative normative legal method with statutory, conceptual, comparative, and case approaches, this study analyzes primary legal materials, KBLI 2026 documentation, KPPU decisions, and investment regulations. The findings reveal three layers of disharmony: definitional misalignment between KBLI economic activities and competition law market definitions; procedural disconnection between OSS-based licensing and merger or conduct oversight; and institutional overlap among the Ministry of Investment/BKPM, line ministries, and the KPPU. The article proposes a harmonization framework comprising a competition-sensitivity index for KBLI codes, a joint regulatory guideline between BKPM and KPPU, integrated digital notification protocols, and ex ante regulatory impact assessment for new KBLI classifications. Harmonization is argued not only to enhance legal certainty but also to reduce compliance costs, foster fair market entry, and strengthen Indonesia’s investment climate in an increasingly competitive ASEAN economic landscape.
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