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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Indonesian State Law Review (ISLRev)
Mamonto, Moch. Andry Wikra Wardhana
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Law, Crime, Criminology & Criminal Justice

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Business Agreements: Enhanced Investor Protection in Enterprises with Generation Z Consumers Abbas, Ilham; Putri, Ilma Aulia; Mamonto, Moch. Andry Wikra Wardhana; Aswari, Aan
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9, No 2 (2024)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v9i2.6198

Abstract

The purpose of this research is to examine the form of legal protection in PT Yotta's Investment Model Business Agreement. The research method used is the normative-empirical method, which combines elements of normative law with empirical data. The results show that legal protection for the parties in PT Yotta's investment business model agreement is provided in preventive and repressive forms. Preventive protection is reflected in the contract provisions that regulate the rights and obligations of the parties, providing a strong foundation for the maintenance of justice and security. In addition, repressive protection is facilitated by the dispute resolution procedures set out in the agreement, which include the stages of deliberation to reach consensus and the arbitration process. Based on this research, the need for special attention to law enforcement in dealing with cases based on Sharia economic law or Islamic law is highlighted. This is due to the dominance of legal sources from the Civil Code in the context of this still developing law. It is therefore necessary to improve the understanding and skills of law enforcement agencies in dealing with cases involving the principles of Sharia economic law or Islamic law. Therefore, legal protection in the investment business model for the needs of Generation Z provides a solid framework for security and justice for all parties involved. By considering the preventive and repressive aspects, this research provides insightful insights into the legal protection of investment business models. 
Comparative Study of the Application of the 'Conseil d'État' Concept in State Administrative Courts in Indonesia Azam, Muhammad Adzkiya; Mamonto, Moch. Andry Wikra Wardhana; Hidayat, Arif; Yudhanti, Ristina
Indonesian State Law Review Vol. 7 No. 1 (2024): Indonesian State Law Review, April 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v7i1.18863

Abstract

The State Administrative Court (PTUN) in Indonesia plays a crucial role in resolving disputes between individuals or legal entities and state administrative bodies or officials, serving as a protector of justice in the relationship between government and society. Similarly, France's Conseil d'État, established in 1799, serves as the highest administrative judicial body, resolving conflicts between citizens and the government, while also advising the government on legislative matters. This article presents a comparative study of the application of the Conseil d'État concept in the context of Indonesia’s State Administrative Courts. Using a normative juridical research method, the study examines whether the structures, functions, and practices of the Conseil d'État can be adapted to enhance the Indonesian legal system. The research explores key differences and similarities in the roles of these institutions, focusing on procedural, institutional, and advisory aspects. The findings suggest that while both institutions share a common goal of ensuring accountability and fairness in state administration, the application of the Conseil d'État model in Indonesia may face challenges due to differences in legal traditions, governance structures, and administrative practices. Nevertheless, adopting certain aspects of the Conseil d'État, such as its advisory role and specialized procedural mechanisms, could improve the efficiency and authority of the PTUN. This research contributes to the ongoing discourse on legal reforms in Indonesia’s administrative justice system, offering valuable insights into potential reforms that could enhance judicial independence and promote better governance. The study's novelty lies in its focus on cross-national legal comparisons, offering a fresh perspective on the adaptation of foreign legal models in Indonesia. Given the urgent need for judicial reform in Indonesia, the findings of this study could guide future policy changes aimed at strengthening administrative justice.
Co-Authors Abbas, Ilham Arif Hidayat Aswari, Aan Azam, Muhammad Adzkiya Putri, Ilma Aulia Ristina Yudhanti