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Urgency Arrangement Mediation in Dispute Tax as Instrument Non- Litigation Alternatives Yusdanial, Raden Ferdinand Defry; Sara, Rineke
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 9 (2025): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i9.1145

Abstract

Dispute tax is a common problem faced by the state and mandatory tax, which can bother state revenue and cause uncertainty in law. Settlement process dispute taxes in Indonesia are generally done through track litigation in court Taxes, which often take up a long time, cost high, and cause tension between parties involved. As response to challenge said, article This to study urgency arrangement mediation as alternative settlement dispute taxes. Mediation, which is a dispute resolution process dispute outside court involving a neutral mediator, it is hoped can give more solutions efficiently, reduce burden court, and facilitate more solutions fair for the second split party. Through approach juridical-normative and studies comparative towards countries that have applied mediation in dispute taxes, such as the Netherlands, Australia, and the United States, article This highlights benefit mediation in context taxation. Arrangement mediation in dispute tax considered important for increase efficiency administration tax, reduce cost litigation, as well as create more relationship constructive between authority tax and obligation tax. Article this also suggests changes and improvements necessary regulations to support implementation mediation in settlement dispute taxes in Indonesia, to realize a system more taxation transparent and accountable.
Legal Position of Advocates as Law Enforcers Equal to Judges and Prosecutors in the Indonesian Criminal Justice System Riyandra, Reza; Sara, Rineke
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.376

Abstract

This study aims to analyze the legal position of advocates as law enforcers who are equal to judges and prosecutors in the criminal justice system in Indonesia. Advocates have an important role in the judicial process as defenders of the defendant's rights and in maintaining justice at every trial stage. This study examines in depth the role of advocates based on existing regulations, especially Law Number 18 of 2003 concerning Advocates, and its implications in criminal justice practices. Although advocates are recognized as part of the justice system, in practice, there are still challenges related to their equality and independence in the legal process. The results of this study indicate that although constitutionally recognized, strengthening the position of advocates in the Indonesian criminal justice system still requires more attention, especially about the relationship between advocates, judges, and prosecutors to achieve balanced and impartial justice.
Impact of Changes in the Nomenclature of Rural Credit Banks on the Law on the Development and Strengthening of the Financial Sector Kemalasari, Ni Putu Yuliana; Sara, Rineke
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.377

Abstract

The change in the nomenclature of Rural Credit Banks (BPR) to Rural Financing Banks in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK) reflects a fundamental transformation in the direction of national financial sector policy. This change is not only symbolic but has a significant impact on the legal, institutional, and operational aspects of BPR. This study uses a normative legal method with a statutory and conceptual approach to analyze the legal implications, implementation challenges, and the need for new adaptive regulations. The analysis results show that the new nomenclature expands the role of BPRs in productive financing, opens up opportunities for integration with financial technology, and demands regulatory harmonization and strengthening the role of the OJK as a supervisory authority. The transformation is expected to enhance BPR's competitiveness in encouraging financial inclusion and people-based economic development.
Evaluation of the Legal Framework for Digital Business in Indonesia in Addressing Technological Developments and Regulatory Challenges Taufan, Ridwan Anthony; Sara, Rineke
International Journal of Social Service and Research Vol. 5 No. 7 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i7.1257

Abstract

The development of digital technology has driven the growth of digital-based businesses in Indonesia, creating new challenges in legal aspects. Digital businesses cover various sectors, such as e-commerce, financial technology (fintech), and other digital platform-based services. Along with these developments, various legal issues have emerged, including consumer protection, personal data protection, electronic transactions, and dispute resolution in digital businesses. Therefore, a comprehensive legal review is needed to understand the applicable regulations and mechanisms for handling digital business legal cases in Indonesia. This study aims to analyze the legal framework governing digital businesses in Indonesia, examine the dispute resolution mechanisms in digital businesses, and identify challenges in implementing existing regulations. This study uses a normative legal research method, which focuses on the analysis of laws and regulations, legal doctrines, and relevant literature. The approaches used include a statute approach to examine regulations related to digital businesses, as well as a conceptual approach to understand the legal theory that supports legal protection and certainty in this sector. The analysis results are expected to contribute to more effective digital business development regulations and encourage the creation of a legal system that is adaptive to technological developments. Additionally, this study aims to provide recommendations for the government, regulators, and business actors in increasing legal certainty and protection for parties involved in digital business in Indonesia. Thus, it is expected that digital business legal regulations can further support a safe, transparent, and sustainable business ecosystem in the digital era.
Legal Reform in Settlement of Land and Housing Disputes in Urban Areas to Achieve Legal Certainty Effendi, Lutfi; Sara, Rineke
International Journal of Social Service and Research Vol. 5 No. 7 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i6.1258

Abstract

Legal disputes related to land and housing in urban areas have become increasingly complex due to the growing demand for land and rapid urbanization. These disputes often involve issues of ownership, use, and control, which require effective mechanisms for resolution to ensure legal stability and protect community rights. The aim of this research is to explore the mechanisms for resolving legal disputes over land and housing in urban areas using a normative legal approach. This study examines relevant laws and regulations, legal doctrines, and pertinent literature to understand the concepts, principles, and regulations governing the resolution of such disputes. The research utilizes primary legal materials, including the Basic Agrarian Law, housing and residential regulations, and other laws pertaining to land and housing conflicts. In addition, secondary legal documents such as books, scientific journals, and expert opinions are incorporated to support the study. A qualitative normative analysis is employed to examine how existing regulations address land and housing disputes and to identify obstacles in their implementation. This research aims to contribute to the strengthening of regulations and policies in the land and housing sector, offering valuable insights for policymakers, academics, and legal practitioners in developing more effective solutions to the challenges of land and housing disputes in urban settings. The findings are expected to serve as a reference in improving legal frameworks and dispute resolution mechanisms in this area.
Effectiveness of the National Health Social Security System in Ensuring Public Welfare in Indonesia Hutagalung, Tiur Hasmida; Sara, Rineke
International Journal of Social Service and Research Vol. 5 No. 7 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i7.1263

Abstract

The state offers its inhabitants social health security as a type of legal protection to guarantee their welfare and access to quality medical care. Law Number 40 of 2004 about the National Social Security System (SJSN) and Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS) are two of the legislation that govern Indonesia's social health security system. This rule highlights that all citizens are entitled to equitable and fair social protection in the health sector. However, in its implementation, various challenges arise, such as the BPJS Kesehatan budget deficit, limited access to health services in remote areas, and participant compliance in paying contributions. Therefore, a study of the legal concept in the regulation of national social health security is critical to understand the basic principles underlying this system and the effectiveness of its regulation in practice. This study uses a normative juridical method, which focuses on the laws and regulations governing national social health security in Indonesia. The approaches used include a statute approach to analyze applicable legal norms, a conceptual approach to explore the legal concepts underlying the social health security system, and a historical approach to see the development of related regulations. With this method, the study examines the legal basis, legal principles underlying national social health security, and challenges in implementing existing regulations. This study is expected to provide a deeper understanding of the legal aspects of regulating social health security in Indonesia and recommend strengthening future policies.
The Strategy to Increase Consumer Protection in the Fintech Industry through Progressive Regulation and Digital Financial Education Yuwono, M. Sunandar; Sara, Rineke
International Journal of Social Service and Research Vol. 5 No. 7 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i6.1264

Abstract

The development of financial technology (fintech) in the digital era has brought significant changes in financial services, providing easy access and efficiency for consumers. However, behind the benefits offered, there are various legal challenges related to consumer protection, including the risk of misuse of personal data, online fraud, and unclear dispute resolution mechanisms. Regulations governing the fintech sector are still evolving to adapt to the dynamics of rapidly changing technology. Therefore, it is vital to analyze how legal protection for consumers in the fintech sector in Indonesia is implemented and how existing regulations can provide legal certainty for the community. This research employs a normative juridical methodology that combines a conceptual and statutory approach. The Electronic Information and Transactions Law (ITE), Law Number 8 of 1999 concerning Consumer Protection, and other regulations of the Financial Services Authority (OJK) and Bank Indonesia pertaining to the fintech ecosystem in Indonesia were among the pertinent regulations that were analyzed. This study also looks at regulatory developments in the digital age and legal theories pertaining to consumer protection in electronic transactions. This study uses a normative legal approach to better understand the legal protections for consumers in fintech transactions and to pinpoint implementation issues. It is anticipated that the study would help create policies that are more adaptive to technological developments and provide recommendations for more effective legal policies in protecting consumers in the fintech era.
Urgensi dan Dinamika Proses Rancangan Undang-Undang Masyarakat Hukum Adat di Indonesia Siska, Siska; Utomo, Laksanto; Sara, Rineke; Rozikin, Imam
Journal of Governance and Policy Innovation Vol. 5 No. 1 (2025): April 2025, JGPI
Publisher : Unit Publikasi Ilmiah Perkumpulan Intelektual Madani Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51577/jgpi.v5i1.759

Abstract

Penelitian ini bertujuan untuk menganalisis urgensi dan dinamika proses Rancangan Undang-Undang (RUU) masyarakat hukum adat di Indonesia. Metode yang digunakan dalam penelitian ini adalah pendekatan analisis isi. Sumber data utama yang digunakan meliputi dokumen RUU, naskah akademik, laporan hasil pembahasan DPR, serta literatur ilmiah relevan lainnya. Kebaruan dari penelitian ini terletak pada penelaahan mendalam terhadap dinamika panjang yang terjadi dalam pembahasan RUU Masyarakat Hukum Adat, serta bagaimana urgensinya, sehingga menjembatani kekosongan penelitian sebelumnya. Penelitian ini menemukan bahwa pengesahan RUU Masyarakat Hukum Adat sangat penting untuk melindungi hak-hak masyarakat adat, terutama terkait dengan tanah dan sumber daya alam yang mereka kelola. RUU ini dapat mengatasi konflik antara hukum adat dan hukum negara, memberikan kepastian hukum, serta mendukung keberlanjutan budaya dan ekosistem melalui pengakuan kearifan lokal. Meskipun telah ada upaya dari berbagai pihak, proses legislasi RUU ini terhambat oleh kurangnya koordinasi dan hambatan politik, seperti keterlambatan pengajuan Daftar Inventarisasi Masalah (DIM). Oleh karena itu, diperlukan koordinasi yang lebih baik antara DPR, pemerintah, dan masyarakat adat untuk mempercepat pengesahan dan memastikan perlindungan hak-hak masyarakat adat secara optimal.
Cross-Border Consumer Disputes in the Digital Marketplace: Rethinking Jurisdiction and Law in Global E-Commerce Governance Taufiqurokhman; Sara, Rineke; Suseno, Wahyu Hanggoro; Zakaria, Ricky Muhamad
Legalis : Journal of Law Review Vol. 3 No. 4 (2025): October 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i4.1122

Abstract

Cross-border e-commerce has created unprecedented opportunities for global trade but also introduced complex legal challenges regarding jurisdiction and applicable law in consumer disputes. This article explores how legal systems particularly those of the European Union (EU), the United States (US), ASEAN, and Indonesia govern jurisdiction and applicable law in business-to-consumer (B2C) e-commerce transactions. Using a doctrinal and comparative legal method, the study analyzes key instruments such as the Brussels I Recast, Rome I and II Regulations, Hague Conventions of 2005 and 2019, and relevant national laws. Case law from the CJEU and US courts is used to illustrate doctrinal interpretations, with attention to the targeting test, forum-selection enforceability, and protection of consumer rights. Procedural tools such as the Hague Service and Evidence Conventions are also examined. Findings reveal that while the EU offers a harmonized, consumer-focused regime, enforcement across borders remains inconsistent. The Hague 2019 Convention presents a pathway toward enforceability but requires broader ratification. The US system emphasizes contractual freedom, often limiting consumer protections. Regional efforts, particularly in ASEAN and Indonesia, demonstrate varied progress in legal harmonization. Jurisdictional ambiguity, enforcement gaps, and fragmented legal standards continue to affect legal certainty in cross-border e-commerce. The article concludes that harmonized jurisdictional and applicable law standards, coupled with technological and institutional innovation, are necessary to ensure consumer protection and support legal predictability in global digital markets.
Digital Contracts and Jurisdiction in Global E-Commerce: Legal Standards, Clause Validity, and Enforcement Across Borders Supangat, Ajis; Nasution, Emmi Rahmiwita; Sara, Rineke
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.1124

Abstract

The exponential rise of cross-border e-commerce has presented critical legal challenges regarding jurisdiction, applicable law, and enforcement of consumer disputes. This article aims to provide a comparative and doctrinal analysis of how different jurisdictions primarily the European Union, United States, ASEAN, and Indonesia approach these challenges through domestic legislation, regional instruments, and global conventions. The research employs doctrinal comparative legal methods, analyzing legal instruments such as the Brussels I Recast, Rome I and II Regulations, the Hague Conventions (2005 and 2019), and the New York Convention. Key case law including Pammer, Emrek, Schrems, and Nguyen is examined to highlight judicial interpretations. The analysis includes ASEAN’s regional cooperation frameworks and Indonesia’s regulatory evolution. The results show significant divergence in jurisdictional tests (e.g., the EU’s targeting test vs. the US’s contractual autonomy), clause validity standards (clickwrap vs. browsewrap), and enforcement mechanisms. While the EU offers a structured consumer protection regime, the US emphasizes freedom of contract. ASEAN's soft-law frameworks and Indonesia’s domestic regulations show promise but face implementation and enforcement challenges. The Hague Judgments Convention remains underutilized, while arbitration via the New York Convention proves more reliable for cross-border enforcement. The study concludes that despite substantial progress in developing international legal tools, their effectiveness is undermined by fragmented implementation and regulatory divergence. Harmonization efforts must prioritize enforceable assent standards, broader ratification of international conventions, and capacity-building within national systems particularly in emerging economies.