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Imperfect Information of Bankers Clause in Credit Agreements in Banking Institutions: Further Legal Impact Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Hardiago, David; Woodward, John
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.76529

Banking institutions primarily serve as intermediaries, collecting funds from the public through deposits (including savings, deposits, and current accounts) and redirecting these funds to the public in the form of credit. The execution of credit transactions necessitates a formal credit agreement to ensure legal certainty. These agreements typically follow a standardized pattern, with the bank drafting the terms and customers, often in a position of economic dependency, obliged to sign. Within the credit agreement, a crucial component is the banker clause, designed to mitigate credit risks. In the event of unforeseen circumstances, such as the customer's demise, this clause ensures that an insurance company settles the remaining debt. However, the effectiveness of this clause is contingent on the comprehensiveness of the insurance coverage. One noteworthy issue arises from the lack of transparency during the signing of credit agreements. Customers, represented solely by the bank during this process, may not be fully informed about the intricacies of the banker clause. Consequently, customers have found themselves in situations where they are obligated to fulfill outstanding credit obligations despite insurance claim rejections due to undisclosed specifics of certain diseases. To address this concern, it is imperative to establish explicit regulations governing disclosing information related to the banker clause during the signing of the credit agreement. This necessitates a collaborative effort involving the customer, bank, and insurance institution, ensuring that all relevant parties convene to discuss and clarify the terms of the credit agreement, particularly those related to the banker clause.

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations Suparto, Suparto; Adinda, Fadhel Arjuna; Esanov, Azamat Esirgapovich; Normurotovna, Zamira Esanova
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.189

Discretion is used by state administrators (executives) to resolve complex government situations while still paying attention to the public interest. The practice of discretion still causes problems and debates. This research seeks to examine issues in discretionary authority and its testing. This research is normative juridical research using primary and secondary legal materials. The research approach was carried out using a statutory and conceptual approach. An analysis of the regulations and practices of discretionary testing at SAC was also added to complete the arguments that will be compared between Indonesia and the Netherlands. The findings of this research show that regulations in Indonesia contain provisions governing the limits and scope of discretion as a reference for the government in issuing discretion, as well as instructions for testing discretion at the State Administrative Court. The authority to use discretion, which has encountered problems that have arisen, includes aspects of the meaning of discretion, which also include factual actions, aspects of the regulation of discretion which are carried out in detail in the law, procedural aspects in the use of discretion which require prior permission, and aspects of the possibility of rejection of discretion by superior officials. Regarding the comparison of discretionary tests in the SAC, in Indonesia, the discretionary test is not substantially regarding discretion but instead is on the abuse of authority in exercising discretion concerning the terms and objectives of the discretion and conformity with the AUPB. Meanwhile, the SAC carries out a 'reasonableness test'—limited to whether administrative powers have been exercised fairly. Therefore, the conditions for restricting the use of discretion must be carried out strictly and need to be based on the AUPB so that discretion is issued that is not arbitrary in the public interest because discretionary authority cannot be tested in the SAC.

Pembaharuan Undang-Undang Nomor 40 tahun 2007 Tentang Perseroan Terbatas Dalam Rangka Memaksimalkan Program Tanggung Jawab Sosial Lingkungan Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Admiral, Admiral; Taupik, Muhammad; Amin, Muhammad Nur
Lex Librum : Jurnal Ilmu Hukum Vol 11, No 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.904

Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies establishes social and environmental responsibilities for companies operating in or related to natural resources. Companies based on information and technology must also be accompanied by changes in legal norms, especially in the field of implementing environmental social responsibility. According to Law Number 40 of 2007 concerning Limited Liability Companies, only companies whose business activities are related to natural resources or businesses that impact the environment are subject to environmental social responsibility, while IT startups and digital businesses do not disturb natural resources and do not affect the environment. Changes in society are indeed followed by changes in legal norms. The older a law gets, the more weaknesses and shortcomings it will have. Changes in norms governing environmental social responsibility must be adjusted to the current business climate. Environmental Social Responsibility should also be mandated for companies operating in the digital business sector. To maximize environmental social responsibility for large companies operating in the digital business sector, it must be supported by adequate legal norms.

Beyond Confidentiality: Advocates’ Reporting Duties in the War Against Money Laundering Adinda, Fadhel Arjuna; Rahmawati, Ema; Suparman, Eman; Sutiyoso, Bambang; Hamzah, Rosyidi; Woodward, John
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.21893

The Principle of Recognizing Service Users (Prinsip Mengenali Pengguna Jasa, PMPJ), as outlined in Article 3 of Government Regulation No. 61 of 2021 concerning Amendments to Government Regulation No. 43 of 2015 on Whistleblowers in the Prevention and Eradication of Money Laundering Crimes, underscores the role of advocates as mandatory whistleblowers. This creates legal challenges regarding its implementation, resulting in a dialectical tension with the central argument that while PMPJ obligations are firmly grounded in normative legal frameworks, advocates—who are explicitly required to uphold these provisions—find no compelling legal basis for such duties in Law No. 18 of 2003 on Advocates (the Advocate Law). The principle of Lex Superior Derogat Legi Inferior further complicates this issue, as it suggests that the Advocate Law, being of a higher legal order, supersedes the obligations imposed by PMPJ. The primary objective of this study is to critically analyze the implementation of PMPJ, specifically focusing on the supporting and inhibiting factors in the context of preventing and combating money laundering crimes. The findings highlight that the failure to optimally implement PMPJ within the advocate profession is largely due to the unresolved legal dialectic surrounding the obligations of advocates. This issue has not been addressed in prior studies, representing a novel contribution of this research. Consequently, this study proposes the need for a reformulation of the Advocate Law, emphasizing the explicit inclusion of advocates' obligations regarding the implementation of PMPJ principles.

Indonesia’s Online Loan Challenges: What Legal Actions Can Solve the Most Pressing Issues? Admiral, Admiral; Suparto, Suparto; Kurniasih, Esy; Afriani, Selvi; Woodward, John; Adinda, Fadhel Arjuna
Jurnal Pengabdian Hukum Indonesia Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.21959

The rapid growth of online lending platforms in Indonesia has introduced significant challenges, particularly regarding predatory lending practices, lack of consumer awareness, and insufficient regulatory oversight. These challenges have raised concerns about consumer protection, the exploitation of borrowers, and the need for stronger legal frameworks to ensure fair and transparent lending practices. This paper explores the key legal and regulatory actions necessary to address these pressing issues. It examines the role of Indonesia's Financial Services Authority (OJK) in regulating online lenders and proposes potential improvements in licensing, supervision, and enforcement. The paper also suggests the introduction of clearer lending standards, such as interest rate caps and transparent fee structures, alongside stronger consumer protection laws to prevent harassment and over-indebtedness. Data privacy and security concerns are addressed, with a call for more robust protections around borrower data. Additionally, the paper advocates for financial literacy programs to empower borrowers with the knowledge to make informed decisions. The research contributes to the existing body of knowledge by providing an in-depth analysis of the legal gaps within Indonesia’s online lending market, offering comparative insights from other countries like India and the Philippines, and proposing actionable legal solutions. It also emphasizes the importance of integrating technology into the regulatory process to enhance oversight and consumer protection. Ultimately, this study aims to inform policymakers, regulators, and stakeholders in Indonesia’s fintech industry about the necessary legal reforms to create a more transparent, equitable, and secure online lending environment.

Pembaharuan Undang-Undang Nomor 40 tahun 2007 Tentang Perseroan Terbatas Dalam Rangka Memaksimalkan Program Tanggung Jawab Sosial Lingkungan Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Admiral, Admiral; Taupik, Muhammad; Amin, Muhammad Nur
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.904

Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies establishes social and environmental responsibilities for companies operating in or related to natural resources. Companies based on information and technology must also be accompanied by changes in legal norms, especially in the field of implementing environmental social responsibility. According to Law Number 40 of 2007 concerning Limited Liability Companies, only companies whose business activities are related to natural resources or businesses that impact the environment are subject to environmental social responsibility, while IT startups and digital businesses do not disturb natural resources and do not affect the environment. Changes in society are indeed followed by changes in legal norms. The older a law gets, the more weaknesses and shortcomings it will have. Changes in norms governing environmental social responsibility must be adjusted to the current business climate. Environmental Social Responsibility should also be mandated for companies operating in the digital business sector. To maximize environmental social responsibility for large companies operating in the digital business sector, it must be supported by adequate legal norms.

Impossibility of Performance in Environmental Contracts: A Case Study of the Merapi Volcano Eruption and Its Impact on Contractual Obligations Admiral, Admiral; Adinda, Fadhel Arjuna; Hamzah , Rosyidi; Maisa, Maisa; Arifin, Ridwan
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i2.21910

This paper examines the application of the doctrine of impossibility of performance in the context of environmental contracts in Indonesia, using the 2010 Merapi volcano eruption as a case study. The eruption, one of the most significant in recent decades, caused widespread destruction to infrastructure, agriculture, and local communities in Central Java. The paper investigates how businesses and government entities, bound by contractual obligations related to the affected regions—particularly in agriculture, tourism, and infrastructure—dealt with their inability to fulfill performance due to the eruption’s catastrophic consequences. Through an analysis of specific contracts and the invocation of force majeure and impossibility of performance clauses, this research seeks to understand how these legal doctrines were applied or misapplied, and whether they provided adequate relief or recourse for affected parties. The paper also explores the balance between contractual freedom and public interest in the face of natural disasters, considering the impact on long-term environmental recovery and business continuity. By analyzing case studies from key industries such as agriculture and tourism, the paper contributes to a deeper understanding of how environmental disasters challenge the enforcement of contractual obligations. It offers recommendations for adapting Indonesian contract law to better address environmental risks and unforeseen natural events, ensuring more robust protections for businesses and affected communities. This research contributes to the ongoing dialogue on improving the resilience of environmental contracts in the face of unpredictable natural phenomena.

Reforming the Roots: Can Legal Challenges Transform the Crude Palm Oil Industry in Indonesia and Malaysia? Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Prasja, Teguh Rama; Shukur, Mohd Izzat Bin Mohd Abd; Wiriatma, Dodo Wiradana
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.22161

The crude palm oil (CPO) industries in Indonesia and Malaysia, two of the world’s leading producers, are confronted with persistent legal challenges concerning environmental sustainability, land tenure, and labor rights. Even though there is more global attention and pressure for sustainable production, the laws and regulations in Indonesia and Malaysia are still disorganized and often not strong enough to address the negative environmental and social effects of the crude palm oil industry. This paper critically examines the effectiveness of existing legal instruments and resommends comprehensive, enforceable reforms to align national practices with evolving global sustainability standards. This paper analyzes the legal challenges within the CPO sector and explores potential law reforms to enhance the industry’s sustainability and ethical standards. By conducting a comparative analysis of Indonesian and Malaysian legal systems, the study identifies gaps in regulatory enforcement, the role of multinational corporations, and the influence of international trade agreements. The urgency of this research is underscored by escalating environmental degradation, human rights violations, and the growing demand for corporate accountability—issues that threaten the long-term viability of the CPO industry. The global shift towards sustainable sourcing has intensified scrutiny of palm oil production, highlighting the need for robust legal reforms to balance economic growth with environmental and social responsibility. This research not only helps clarify the current legal landscape but also provides critical recommendations for reforms that align the industry with global sustainability goals. By exploring both countries’ legal practices, the study aims to serve as a catalyst for policymakers, legal practitioners, and industry stakeholders to rethink and reshape regulatory frameworks, ensuring a more sustainable and equitable future for the CPO industry.

The Challenge of Admitting Electronic Evidence in Civil Procedure Law Adinda, Fadhel Arjuna; Rahmawati, Ema; Suparman, Eman; Arifin, Ridwan; Ezzerouali, Souad
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1873

In the digital age, the use of electronic evidence in civil disputes has become increasingly common. However, judges often face significant challenges in accepting and evaluating electronic evidence due to concerns about its authenticity, integrity, and relevance. This paper examines the factors contributing to judicial doubts regarding electronic evidence in Indonesian civil litigation and explores the implications of such doubts on the resolution of legal disputes. Drawing on case law, legal theory, and practical challenges, the paper identifies key issues such as the ease of manipulation, lack of standardized procedures for collecting and preserving digital evidence, and the limited understanding of technology among many judges. These factors create a significant barrier to the effective use of electronic evidence in court, leading to delays, case dismissals, or unjust outcomes. The paper also discusses potential solutions to overcome these challenges, including the need for clearer legal frameworks, the role of forensic digital experts, and judicial education in information technology. By addressing these concerns, this paper aims to highlight the critical importance of building trust in electronic evidence, ensuring its proper use in civil dispute resolution, and promoting a more efficient and fair legal process. Ultimately, the study proposes strategies to strengthen the role of electronic evidence in Indonesian civil law while maintaining judicial integrity and ensuring the protection of all parties involved.

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