Article Per Year (5 Year)
p-Index From 2020 - 2025
1.285
P-Index
This Author published in this journals
All Journal Arena Hukum YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences Asian Journal of Management, Entrepreneurship and Social Science
Reka Dewantara
Unknown Affiliation
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

Published : 8 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search
Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)

 1 
EXPLORING LEGAL CHALLENGES IN MURABAHAH FINANCING: A JURIDICAL ANALYSIS OF WANPRESTASI DISPUTES IN CONSUMER LOANS Fahri Gunawan Siagian; Reka Dewantara; Natsir Asnawi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3474

Abstract

This study examines the wanprestasi dispute between PT. Bank Syariah Indonesia, Tbk and a debtor concerning a murabahah financing agreement. The Makassar Religious Court's decision upheld the enforceability of the murabahah contract and collateral under Hak Tanggungan but dismissed the debtor’s financial hardship claim due to the COVID-19 pandemic. The study highlights gaps in debtor protection and the need for clearer procedural guidelines on collateral execution, proposing improvements for aligning Sharia principles with practical dispute resolution in Indonesia’s growing sharia finance sector.
THE ROLE OF JUDGES IN ADJUDICATING DEFAULT CASES CONTAINING ELEMENTS OF ABUSE OF CIRCUMSTANCES IN THE BANKING SECTOR Wandita Pramesthi; Reka Dewantara; Yenny Eta Widyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2867

Abstract

In the Indonesian civil law system, the role of judges is crucial in adjudicating cases involving contractual legal relationships, particularly in banking default cases. Injustice often arises from the abuse of circumstances, where debtors who are in a weak position are often victims of adverse bank policies. Additionally, high interest rates and oppressive contractual clauses pose significant challenges for judges. This research shows that disparities exist in court decisions on abuse of circumstances, creating legal uncertainty. Using a normative juridical approach, this research examines the need for clear legal guidelines from the Supreme Court to establish uniformity in the handling of default cases. Stronger regulations are expected to ensure that judges make more judicious decisions and uphold justice for all parties. This research emphasises the importance of applying the principle of fairness in contracts, so that freedom of contract does not neglect the rights of weaker parties.
LEGAL IMPLICATIONS OF REGULATIONS CONCERNING LEGAL LIABILITY OF DIRECTORS OF STATE-OWNED ENTERPRISES FOLLOWING THE THIRD AMENDMENT TO LAW NUMBER 19 OF 2003 CONCERNING STATE-OWNED ENTERPRISES Shafira Sheffy R. R; Reka Dewantara; Amelia Sri Kusuma Dewi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4297

Abstract

The third amendment to Law Number 19 of 2003 concerning State-Owned Enterprises (SOEs) is a response to the need to strengthen state corporate governance and increase the effectiveness of SOEs' role in the national economy. However, this regulatory change also has legal implications for the construction of the legal accountability of SOE directors, particularly in their position as state corporate organs that carry out fiduciary duties but still face the regime of state financial law and criminal law. This study aims to analyse how these regulatory changes affect the limits of directors' responsibility in making business decisions, as well as assess the relevance of applying the business judgment rule principle as an instrument of legal protection for directors. The research method used is normative juridical with a statutory approach, a conceptual approach, and a case approach. The results show that although the legal changes provide reinforcement to the principles of professionalism and independence of directors, there is still a disharmony of norms between the corporate legal regime and the state administrative law regime and criminal law, particularly regarding the interpretation of the element of "state loss" in corruption crimes. This condition has the potential to create legal uncertainty and over-criminalization of directors' business decisions made in good faith. Therefore, a reconstruction of the legal framework governing SOE directors’ accountability is required through legislative harmonization and law enforcement guidelines that consistently position SOEs as private legal entities in their business activities.
THE ROLE OF JUDGES IN ADJUDICATING DEFAULT CASES CONTAINING ELEMENTS OF ABUSE OF CIRCUMSTANCES IN THE BANKING SECTOR Wandita Pramesthi; Reka Dewantara; Yenny Eta Widyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2600

Abstract

Abstract In the Indonesian civil law system, the role of judges is crucial in adjudicating cases involving contractual legal relationships, particularly in banking default cases. Injustice often arises from the abuse of circumstances, where debtors who are in a weak position are often victims of adverse bank policies. Additionally, high interest rates and oppressive contractual clauses pose significant challenges for judges. This research shows that disparities exist in court decisions on abuse of circumstances, creating legal uncertainty. Using a normative juridical approach, this research examines the need for clear legal guidelines from the Supreme Court to establish uniformity in the handling of default cases. Stronger regulations are expected to ensure that judges make more judicious decisions and uphold justice for all parties. This research emphasises the importance of applying the principle of fairness in contracts, so that freedom of contract does not neglect the rights of weaker parties. Keywords: Judges, Abuse of Circumstances, Fairness in Banking Contracts
Co-Authors ABDUL RACHMAD BUDIONO Ahmad, Azlin Alisa Amelia Sri Kusuma Dewi Azahra Hajar Gautama Dewangga Putra Sunartedjo Dwi Benny Satria Erma Defiana Putriyanti Fahri Gunawan Siagian Hamidi Masykur Natsir Asnawi Ranitya Ganindha Rumi Suwardiyati Shafira Sheffy R. R Sukarmi Sukarmi, Sukarmi Wandita Pramesthi Yenny Eta Widyanti Yuliati Yuliati