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<![CDATA[KEABSAHAN STABLE COIN DALAM SISTEM PEMBAYARAN TERINTEGRASI ]]>
<![CDATA[Reka Dewantara]]>;
<![CDATA[Rekyan Pandansari]]>
<![CDATA[ RechtIdee Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Trunojoyo Madura University ]]>
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DOI: 10.21107/ri.v17i1.12166
<![CDATA[The non-cash payment instrument that is currently widely used is electronic money. The electronic currency that is currently developing is Stable coin as an answer to the obstacles faced by the payment system where it still relies on third parties as payment product issuing companies but regulations still show inconsistencies in the regulation. The research problem formulation in this article is what are the juridical implications for the validity of transactions using stable coins in a payment system that is integrated with a foreign exchange transfer system. The type of research in this article uses normative juridical research with interpretation analysis techniques on legal materials. The results of the study indicate that the use of stable coins for remittance purposes and foreign trade is legal, as long as the parties agree to use stable coins as a closed loop payment instrument in the system. The use of stable coins in remittances is only limited as a means of intermediary for remittances, but if the use of stable coins is limited it will have negative implications for growth supporting institutions of remittances.]]>
<![CDATA[OPTIMIZING THE ROLE OF SiPENA AS AN INTEGRATED DISPUTE RESOLUTION FOR DIGITAL ECONOMY IN INDONESIA ]]>
<![CDATA[Reka Dewantara]]>;
<![CDATA[Sukarmi Sukarmi]]>;
<![CDATA[Nurul Ula Ulya]]>
<![CDATA[ Kanun Jurnal Ilmu Hukum Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/kanun.v25i1.24527
<![CDATA[Start-ups (e-commerce and financial technology) and direct commerce activities for goods and services through social media such as Instagram and Facebook are the prime actors as well as major contributors in the success potential of digital economy. Yet, there is a serious unsolved problem in activities of digital economy, with the non-existence of an integrated mechanism of dispute resolution in all sectors of digital economy. This is also muddled by overlapping regulations, as in the case of Government Regulation 80 of 2019 on Commerce through Electronic Systems (PP PMSE) that delegates compensation to the Trade Ministry, while the Law on Consumer Protection delegates compensation to the BPSK. Further, PP PMSE has not yet accommodated mechanisms of compensation and sanctions. The recommendation of this research is the optimization of the role of SiPENA as an integrated system for the resolution of disputes of digital economy in all sectors in the non-litigation path and its integration with E-Court in the litigation path.]]>
<![CDATA[Digitalization Of The Board Of Commissioners Supervision Program Through The Application Of Good Corporate Governance Principles ]]>
<![CDATA[Mohamad Fajri Mekka Putra]]>;
<![CDATA[Sihabudin Sihabudin]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Reka Dewantara]]>
<![CDATA[ Asian Journal of Management, Entrepreneurship and Social Science Vol. 3 No. 03 (2023): August, Asian Journal of Management, Entrepreneurship and Social Science ]]>
Publisher : <![CDATA[Cita Konsultindo Research Center ]]>
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<![CDATA[Company management in accordance with the Good Corporate Governance (GCG) principles can actualize good implementation of the duties and functions of every organ in the Company complying with the articles of association governing them. The Company's organs consist of the General Meeting of Shareholders (GMS), the Board of Commissioners (BOC), and the Board of Directors (BOD). BOC holds a fiduciary duty which in its entirety holds the supervisory function, and acts as an advisor to the BOD of the Company. The implementation of BOC’s positions must be based on the best interests of the Company and not intended for personal interests. Currently, supervision on the implementation of BOC’s positions which has been carried out manually so far is considered less than optimal due to the fact that there are still many cases of BOC carrying out their positions contradicting with the laws and regulations, causing material and immaterial losses to the Company. The implementation of GCG principles can facilitate the supervision of the BOC’s position and avoid abuse of authority of BOC’s position, but in fact the implantation of GCG principles has not been implemented properly by companies. Digitization of BOC’s supervisory program through the implementation of GCG principles in Company’s management by the BOD is considered the right solution to overcome these legal matters. Therefore, legal issues raised and analyzed in this study includes the implementation of GCG digitization associated with the supervision program on the implementation of BOC’s positions by the BOD in gaining Company’s legal benefits, and regulatory reformulation regarding GCG digitization program implemented in supervising the BOC’s positions based on the prevailing regulations in Indonesia. This study uses a normative juridical analysis method through a statutory approach and prescriptive analysis techniques. The concluded analysis results that digitizing the application of GCG principles related to supervising the BOC’s position makes it easier for the BOD to provide tighter supervision in actualizing Company’s legal benefit. Implementation on the digitization of GCG program is realized through advanced technology while still complying to Indonesian prevailing laws. Regulatory reformulation by the Government regarding BOC’s supervision digitization program must refer to the 5 (five) principles of GCG, the Electronic Information and Transactions Law, the Company Law, and the Job Creation Law in Indonesia. The regulation shall comply the existence of a special supervisory agency in charge of overseeing the implementation of GCG principles regarding Company’s digital supervision program on BOC’s positions by BOD.]]>
<![CDATA[Legal Status Of Indıvıdual Crypto Assets As Tax Objects From Sharıa Perspectıve ]]>
<![CDATA[Muhammad Fajaruddin Shiroth]]>;
<![CDATA[Sukarmi Sukarmi]]>;
<![CDATA[Reka Dewantara]]>
<![CDATA[ Asian Journal of Management, Entrepreneurship and Social Science Vol. 3 No. 04 (2023): November, Asian Journal of Management, Entrepreneurship and Social Science ]]>
Publisher : <![CDATA[Cita Konsultindo Research Center ]]>
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<![CDATA[With the rapid development of technology in the current era of progress, some people, or in this case, a tech-savvy society stores their assets in crypto assets. And they are considering that the potential of crypto assets in the stage is developing and increasing its users daily and that most Indonesian people are Muslims with the concept of wealth zakat. This study aims to determine the legal status of individual crypto assets as tax objects from a Sharia perspective. This research is normative juridical research, with research methods of statutory approach (Statue Approach), conceptual approach (Conceptual Approach) and comparative legal approach (Comparison Approach). Legal materials obtained, Primary, secondary and tertiary, are then analyzed by Grammatical and Systematic interpretation methods, where this method uses language interpretation by giving meaning to a foreign term in everyday language or legal language to provide appropriate understanding and systematically compiling and collating between appropriate laws or regulations to produce coherent research results. The results of this study state that the answer to the permissibility of storing Crypto assets as an investment with certain criteria that Bappebti has regulated as the institution responsible for the implementation of Cryptocurrency Futures Exchange trading. By paying attention to the points described in the Discussion chapter. The imposition of taxes and zakat on crypto assets cannot be done based on the argument that crypto assets are taxed in terms of increasing their value, while in the zakat mechanism, crypto assets can only be issued zakat if the nominal has reached one nishab and with full ownership for one year (haul)]]>
<![CDATA[Emerging Artificial Intelligence In Therapeutic Agreements With A Medicolegal Approach ]]>
<![CDATA[Dewantara, Reka]]>;
<![CDATA[Pandansari, Rekyan]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v5i2.1914
<![CDATA[Introduction: Medical services use artificial intelligence for operating to help and even transform the healthcare system. AI innovators have developed tools to improve clinical care processes, advance medical research, and increase efficiency in medical services.Purposes of the Research: The purpose of this article is to analyse the legal validity of therapeutic agreements using AI in medical field.Methods of the Research: The research method used is a normative juridical research type with an analytical approach.Results of the Research: The results show that medical services are complex and closely related systems, and always contain risks, so they must be carried out with great care. Legal provisions governing the use of AI in therapeutic agreements with a medicolegal approach must be able to evaluate and ensure the safety and accuracy of medical decisions made by AI "thinking algorithms".]]>
<![CDATA[Status Hukum Privatisasi Anak Perusahaan Badan Usaha Milik Negara Di Bidang Usaha Sumber Daya Alam (Perkara Nomor 61/PUU-XVIII/2020): The Legal Standing Regarding Privatization Of Subsidiary Of State-Owned Enterprises In Natural Resources (A Juridical Analysis of the Case Number 61/PUU-XVIII/2020) ]]>
<![CDATA[Nugroho, Hayyu Rahmanda Adi]]>;
<![CDATA[Dewantara, Reka]]>;
<![CDATA[Suwardiyati, Rumi]]>
<![CDATA[ Warkat Vol. 3 No. 1 (2023): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/warkat.v3n1.5
<![CDATA[This research departs from the regulatory provisions regarding privatization of a subsidiary under State-owned Enterprises that are deemed to have a legal loophole that may lead to multiinterpretations because the existing regulation has not specifically governed this matter. Privatization of the subsidiary as mentioned above is intended to give legal protection to the members of the public in line with the statement ‘natural resources are controlled by the state for the benefits of the people’. With normative-juridical methods, statutory, case, and analytical approaches, this research aims to investigate whether the subsidiary under the State-owned Enterprises can be privatized by the Government and how the synchronization of the regulation governing privatization towards the State-owned Enterprises in natural resources is performed. The primary and secondary materials were analyzed using the library technique. The analysis referred to the A Contrario argumentative technique and systematic interpretation technique. This research concludes that the subsidiary under the state-owned Enterprises can be privatized as long as it does not deactivate the authority of the state to control the subsidiary to ensure that this approach is not deviating from the objective to bring the welfare to the people. Not only can the concept of the control of the state be seen based on private ownership but it may also involve policies, administration, regulation, management, and supervision for the welfare of all people.]]>
<![CDATA[Batasan Kewenangan Otoritas Jasa Keuangan Terhadap Lembaga Keuangan Mikro Berbentuk Badan Hukum Koperasi Simpan Pinjam dalam Hal Terjadi Gagal Bayar: Limitations of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Savings and Loans Cooperative Legal Entities in the Event of Default ]]>
<![CDATA[Tobing, Dwinoven Lumban]]>;
<![CDATA[Dewantara, Reka]]>;
<![CDATA[Wicaksono, Setiawan]]>
<![CDATA[ Warkat Vol. 2 No. 2 (2022): Desember ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/warkat.v2n2.1
<![CDATA[The rapidly increasing growth of the Indonesian economy has influenced the monetary system in State Financial Institutions, especially institutions operating in the financial services sector which provide services to the public in collecting funds. The independent institution that is responsible for providing supervision and regulation in the financial services sector is the Financial Services Authority so that this regulation will be discussed by the author in his research regarding the Limits of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Cooperative Legal Entities in the Event of Default and whether the OJK can provide legal protection in overcoming these problems as an independent institution operating in the financial services sector. This research is normative juridical legal research by examining and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the OJK using a case approach that occurred in the Indosurya Cipta Savings and Loans Cooperative which experienced a state of default. OJK has the authority to grant business permits to MFIs before carrying out their business activities and carry out guidance, regulation and supervision of MFIs as contained in the provisions of Law Number 1 of 2013 concerning Microfinance Institutions. This regulation gives authority to the OJK in licensing, regulating and supervising MFIs where the establishment of an MFI with a Cooperative legal entity consists of establishing and ratifying a Cooperative legal entity by the Ministry of Cooperatives and Small and Medium Enterprises as well as submitting an MFI business application to the OJK. OJK's authority over MFIs in the form of cooperative legal entities is in line with the system of delegation of authority by the Ministry of Cooperatives and SMEs, Regency/City Regional Governments, and OJK.]]>
<![CDATA[Batasan Makna Frasa Kesalahan Teknis dalam Pasal 57 Ayat (2) Peraturan Pemerintah Nomor 80 Tahun 2019 terhadap Keabsahan Kontrak Elektronik ]]>
<![CDATA[Rahayu, Anestu Cahayoni]]>;
<![CDATA[Dewantara, Reka]]>;
<![CDATA[Syafi’i, R. Imam Rahmat]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v6i2p310-318
<![CDATA[This study aimed to analyze the limits of the meaning of the technical error phrase in Article 57 paragraph (2) of Government Regulation Number 80 of 2019 on the validity of electronic contracts and analyze legal protection for business actors, system makers, and recipients of goods/services related to the phrase technical error in Article 57 paragraph (2) Government Regulation Number 80 of 2019. This study used a normative juridical method with a statutory and analytical approach. The results showed that the technical error phrase in Article 57 paragraph (2) of Government Regulation Number 80 of 2019 contained the meaning of default, resulting in the electronic contract being null and void. Legal protection for business actors was included in Article 6 of Law Number 8 of 1999, in the form of guarantees for self-defense when a dispute occurred due to consumers who had bad intentions. Article 12 of Law Number 19 of 2002 explicitly explained that computer programs were one of the protected copyrighted works. It was legal protection for system makers. Legal protection for recipients of goods/services was contained in Article 46 of Law Number 8 of 1999, in the form of guarantees of justice related to the quality of the product received.]]>
<![CDATA[MECHANISM IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY BY THE MINING COMPANY ]]>
<![CDATA[Dewantara, Reka]]>
<![CDATA[ Wisesa: Jurnal Pengabdian Masyarakat Vol. 1 No. 2 (2022): WISESA - Jurnal Pengabdian Masyarakat ]]>
Publisher : <![CDATA[UPT. PKM UB ]]>
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DOI: 10.21776/ub.wisesa.2022.1.2.5
<![CDATA[The ratification of UUPT No. 40 of 2007 is an urgent need for entrepreneurs as entrepreneurs and the state as a regulator of commercial life. This is because the GmbH law that was in effect before is no longer relevant to the development of business life. In general, there have been several significant substantive changes to the Limited Liability Company Law, one of which is the Corporate Social Responsibility (CSR) or Law no. 40 of 2007 which expresses the notion of social and environmental responsibility. The method used in this research is empirical juridical by using descriptive qualitative data analysis method. The results of this community service show that improving the company's performance at the KPC mine can be increased by carrying out its CSR program, therefore the company and the CSR team within it must approach the local community who are located around the mining area more frequently. The approach to the community is carried out by cooperating with academics, this aims to identify the economic, social, environmental, and cultural backgrounds of the community, then ensures the achievement of the expected impact with limited resources the company also holds various pieces of training for the community, this approach is taken to prevent community disputes when participating with the company.]]>
<![CDATA[Tinjauan Kriminologis Terhadap Tindak Pidana Penganiayaan Yang Dilakukan Oleh Tahanan ]]>
<![CDATA[Raodiah]]>;
<![CDATA[Dewantara, Reka]]>
<![CDATA[ Sawerigading Law Journal Vol. 2 No. 2 (2023): Maret 2023 - September 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Sawerigading Makassar ]]>
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DOI: 10.62084/slj.v2i2.338
<![CDATA[Criminological Review of Criminal Acts of Abuse Committed by Detainees. The research methodology used is normative or doctrinal legal research which is basically an activity that will examine the internal aspects of positive law. Normative legal research is a type of legal research methodology that bases its analysis on applicable laws and regulations that are relevant to the legal issues that are the focus of the research. This research aims to determine the factors that cause criminal acts of abuse committed by detainees and efforts to overcome them. Based on the analysis of data and facts, the author concludes, among others: a) Factors that cause criminal acts of abuse committed by detainees. are inadequate detention room capacity, individual problems, lack of harmonious social relations between prisoners, b) To prevent abuse carried out by prisoners at the Class I State Detention Center in Makssar City, the security unit monitors each room and place where prisoners carry out activities during 1x24 hours. Apart from that, each block is guarded by general pickets. The general picket is tasked with guarding prisoners and ensuring that there is no disturbance of order in the detention center.]]>
