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All Journal Pancasila and Law Review Journal Evidence Of Law PENA LAW: International Journal of Law Advances In Social Humanities Research Jurnal Penelitian dan Pengkajian Ilmiah International Journal of Contemporary Sciences (IJCS)
Hasibuan, Fauzie Yusuf
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Judicial Discretion and the Limits of Homologation in Cross-Border Insolvency: Rethinking Legal Certainty and Creditor Protection from a Comparative Perspective Reinhard R. S, Andra; Hasibuan, Fauzie Yusuf; Rangsimanop, Pattharawadee
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1596

Abstract

This article examines the relationship between judicial discretion and homologation procedures in bankruptcy law, highlighting their impact on legal certainty and creditor protection across different legal systems. Through a comparative legal approach to Indonesia, the United States, and the Netherlands, this study demonstrates that judicial discretion that is not normatively constrained, particularly in developing jurisdictions, has the potential to erode procedural predictability and lead to disparities in the treatment of creditors. Conversely, systems that adopt a parameter-based judicial discretion structure and procedural transparency, such as in the US and the Netherlands, are capable of producing fairer and more predictable bankruptcy rulings. Using a framework of reflective legal theory and social systems theory, this study offers a normative design to harmonize homologation procedural standards without eliminating judicial flexibility. This study contributes not only to the development of bankruptcy law theory but also to national legal policy reform in the context of harmonization with international best practices, particularly within the UNCITRAL framework.
The Law of Natural Resources Management for Economic Prosperity: A Critical Analysis of Law No. 3 of 2020 on Mineral and Coal Mining Wondal, Nancy Syavois Allen; Hasibuan, Fauzie Yusuf; Rungsimanop, Phattarawadee
International Journal of Contemporary Sciences (IJCS) Vol. 1 No. 12 (2024): October 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijcs.v1i12.12044

Abstract

This research critically analyzes Law No. 3 of 2020 on Mineral and Coal Mining, focusing on its impact on natural resource management for economic welfare in Indonesia. Utilizing a normative legal research method, the study examines the law’s potential to strengthen the mining sector and increase its contribution to the national economy. While the law aims to boost investment and revenue, it faces significant challenges related to environmental sustainability, local community rights, and governance. The findings reveal that criticisms of Law No. 3/2020 underscore the need for a more balanced approach, ensuring that economic interests do not compromise environmental protection and social justice. To achieve sustainable, fair, and transparent mining sector management, governance reforms and stronger law enforcement are essential. This will ensure that Indonesia's natural resources are managed equitably for the benefit of all, not just a select few.
Co-Authors Alamsyah, Sakti Arief, Syamsul Christian, Ronald Darodjat, Tubagus Achmad Dera, Alfa Dwikora, Buyung Hakim, Nur Kadapi, Resmen Kristiawanto , Kristiawanto Kristiawanto, Kristiawanto Lilik Mulyadi Poloan, Khairil Rangsimanop, Pattharawadee Rattanapun, Supot Reinhard R. S, Andra Romie, Romie Rungsimanop, Phattarawadee Shodiq, Md. Suganda, Atma Suryaman, David Harmaen Sutrisno, Sutrisno Wibowo, Basuki Rekso Wondal, Nancy Syavois Allen