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Reka Dewantara
Faculty Of Law Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Public Health Social Sciences Other

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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)
Publisher : CV. 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.
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)
Publisher : CV. 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.
LEGAL PROTECTION FOR BANKS AGAINST NON-CERTIFIED LAND COLLATERAL Dina Mardiana; Yenny Eta Widyanti; Reka Dewantara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4963

Abstract

This study examines legal protection for banks in facing bad loans with non-certificate land as collateral, particularly in the context of distributing Working Capital Credit (KMK) to MSMEs. In banking practice, non-certificate land such as girik, petok D, or segel is still widely used as collateral even though it does not meet the formal requirements as an object of Mortgage Rights as regulated in Law Number 4 of 1996. This condition creates vulnerability for banks as creditors, because non-certificate land documents only function as proof of control, not proof of rights, so they do not have executorial power. This study uses a normative juridical method with a statutory and conceptual approach to examine the gap between positive law and banking practice. The results show that preventive legal protection for banks is reflected in the provisions on collateral assessment, the bank's obligation to apply the principle of prudence, and the bank's internal regulations regarding credit risk mitigation. Repressive legal protection is realized through legal remedies that can be taken if the debtor defaults, including through simple lawsuits, risk transfer through debt acknowledgment agreements, and civil execution based on debt-receivable relationships. This study also formulates a conceptualization of dispute resolution that includes mediation, credit restructuring, and litigation as a last resort. The results of this study confirm that the use of non-certificate collateral requires strengthened regulations and harmonization between agrarian and banking law to ensure legal certainty and protection for creditors.
TRANSPARENCY OF BPI DANANTARA IN MANAGING THE DIVIDENDS OF STATE-OWNED ENTERPRISES Zita Humairoh; Reka Dewantara; Amelia Sri Kusuma Dewi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.178

Abstract

The transformation of Indonesian State-Owned Enterprises (SOEs) through the establishment of the Danantara Investment Management Agency (BPI Danantara) marks a paradigm shift toward a Sovereign Wealth Fund (SWF) model. This research aims to analyze the transparency mechanisms of dividend management under the framework of Law No. 16 of 2025 concerning SOEs, specifically in mitigating the risk of "financial contagion" caused by high-debt strategic projects such as the Jakarta-Bandung High-Speed Railway (Whoosh). Using a normative legal research method with a case study approach, this study examines the legal protections provided by the new regulation against the improper use of dividends to bail out distressed entities. The results of this study indicate that Law No. 16/2025 establishes a "legal firewall" that separates state-separated assets for investment purposes from public service obligations. The study concludes that BPI Danantara’s commitment to allocating dividends solely for productive reinvestment is a crucial manifestation of fiduciary duty. Furthermore, the adoption of international reporting standards, such as the Santiago Principles, is essential to ensure that SOE profits are utilized for long-term national capital accumulation rather than as a non-transparent instrument for debt restructuring of inefficient projects.
Reinterpretation and Development of Effective Risk Management in Indonesian Peer-to-Peer Lending Ramadhani, Rona Almas; Dewantara, Reka; Ruslijanto, Patricia Audrey
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1445

Abstract

This study examines the reinterpretation and development of effective risk management in Indonesia’s peer-to-peer lending regulation under Financial Services Authority Regulation Number 40 of 2024, which replaces the previous 2022 regulatory framework. The study aims to address the persistent ambiguity in defining “effective risk management,” which may result in inconsistent implementation among platform providers. Using a normative juridical method and a comparative analysis of international regulatory frameworks, this study identifies key elements of risk management relevant to digital financial services. The findings indicate that, although the updated regulation emphasizes governance and risk control, it still lacks clear technical indicators and measurable operational standards, thereby limiting its implementation effectiveness. This study concludes that more detailed legal standards and operational guidelines are required to enhance legal certainty, strengthen consumer protection, and support financial system stability within the evolving fintech ecosystem.
Legal Certainty for The Reading and Signing of The Deed through Teleconferencing Media During The Covid 19 Fahrul Ramadan; Reka Dewantara; M. Sudirman
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.9.1.2022.7-19

Abstract

The Covid 19 pandemic hit Indonesia, in the hampering of notary work in carrying out their duties and positions due to the establishment of large-scale social restrictions (PSBB). As a result, many notaries closed their offices and conducted deed-making services using electronic technology and teleconferencing media. The problem studied in this study is 1) How is the validity of the reading and signing of deeds implemented through teleconferencing media during the Covid 19 pandemic? 2) How to reconceptualization of the arrangement of reading and signing of deeds implemented through teleconferencing media in realizing legal certainty during the Covid 19 pandemic period and after the Covid 19 pandemic period ends? This type of normative research uses statute approach, conceptual approach, and case approach. The results of this study were found: It needs to be written in the head of the deed regarding the reading of the deed using teleconferencing media, at the end of the deed is written a description of the use of digital signatures. At the time of reading the deed through the teleconference media Notary must be in his position for the creation of legal certainty where the deed is made. The need for the expansion of the meaning of the face in article 16 paragraph (1) letter m UUJN to face directly or use teleconferencing media. The meaning of signatures in UUJN needs to be expanded in meaning with digital signatures. The anatomy of the deed in Article 38 of UUJN needs to be changed in the form of deeds made through teleconferencing media and using digital signatures. Recommendations for the government need to harmonize article 5 paragraph (2) of the UU ITE with UUJN for the creation of legal certainty on deeds made by and before notaries digitally both the results and the process of making deeds
Co-Authors Abdul Rachmad Budiono Agatha, Bimarceline Airin Liemanto Amelia Sri Kusuma Dewi, Amelia Amimakmur, Satria Amiputra Anestu Cahayoni Rahayu, Anestu Cahayoni Annisa, Yusifa Nur Ayu, Tirsa Berliana, Dina Budi Santoso Devi Atikawati Diah Aju Isnuwardhani Dien Nufitasari Dien Nufitasari Dina Mardiana Djajadikerta, Hadrian Geri Dyah Aju Wisnuwardhani Erma Defiana Putriyanti Fadli, Moh. Fahri Gunawan Siagian Fahrul Ramadan Fahrul Ramadan Faizin Sulistio Fines Fatimah Hanif Nur Widhiyanti Hutahayan, Benny I Gusti Ngurah Parikesit, I Gusti Ngurah Ikaningtyas Ikaningtyas Jauharoh, Arini Junaidi, Muchammad Aqib M. Sudirman Mahandhani Wahyu Ibrahim Mardiana, Yusni Fitri Meidiana Indah Lestari Mohamad Fajri Mekka Putra Muhammad Alfan Thoriq Muhammad Fajaruddin Shiroth Mukhamad Khabib Risvian Mutiarawati, Intan Nadya Rizki Emeralda Naif, Hendry Tholabah Ilman Nanin Koeswidi Astuti, Nanin Koeswidi Natsir Asnawi Nufitasari, Dien Nugroho, Hayyu Rahmanda Adi Nur Chanifah Nurfitriyani Nurfitriyani Nurul Ula Ulya Nurul Ula Ulya Pandansari, Rekyan Patricia Audrey Ruslijanto Putri, Cyndiarnis Cahyaning Rachmat, Sigit Nur Ramadhani, Rona Almas Ranitya Ganindha raodiah Rekyan Pandansari Rika Kurniaty Rumi Suwardiyati Santoso, Ike Cyntia Putri Septianes Nora Kartika Setiawan Wicaksono, Setiawan Shafira Sheffy R. R Shinta Hadiyantina Sihabuddin Sihabudin Sihabudin Sihabudin Sihabudin Sihabudin Sihabudin, Sihabudin Siti Hamidah Sitorus, Hany Ayunda Mernisi Sukarmi Sukarmi Sukarmi Sukarmi Sukarmi Sukarmi, Sukarmi Sukarmi, Sukarmi Syafi’i, R. Imam Rahmat Tanti Rachmawati Tobing, Dwinoven Lumban Tumanggor, Manumpan S. Wandita Pramesthi Widhiawati, Dyah Wisnuwardhani, Diah Aju Yenny Eta Widyanti Yuniar, Lisa Mega Zita Humairoh Zora Febriena Dwithia Hidayat Putri