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Kebijakan Impor Indonesia Atas Produk Hewan Pasca Putusan Mahkamah Konstitusi Nomor 129/PUU-XIII/2015 Irna Nurhayati; Aminoto Aminoto
Jurnal Konstitusi Vol 19, No 1 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

This article examines on how Indonesia’s import policy on animal products after the decision of Constitutional Court Number 129/PUU-XIII/2015 should be improved in accordance with the legislation formation and international trade rule. This article was based on normative juridical research supported by interviews with several officials of the Indonesian Ministry of Trade in Jakarta, and focus group discussion with some academics of the Universitas Gadjah Mada in Yogyakarta. The data were analyzed qualitatively using inductive approach. This article concludes that this Indonesia’s import policy is consistent with the formal principle of regulation formation, but does not fully comply with the substantive principle. This Indonesia’s import policy is in accordance with the regionalization and harmonization principles of the WTO SPS Agreement. However, it seems to be inconsistent with Article XI.1 GATT, because it requires certain conditions categorized as quantitative restrictions.

Kebijakan Impor Indonesia Atas Produk Hewan Pasca Putusan Mahkamah Konstitusi Nomor 129/PUU-XIII/2015 Irna Nurhayati; Aminoto Aminoto
Jurnal Konstitusi Vol. 19 No. 1 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1917

This article examines on how Indonesia’s import policy on animal products after the decision of Constitutional Court Number 129/PUU-XIII/2015 should be improved in accordance with the legislation formation and international trade rule. This article was based on normative juridical research supported by interviews with several officials of the Indonesian Ministry of Trade in Jakarta, and focus group discussion with some academics of the Universitas Gadjah Mada in Yogyakarta. The data were analyzed qualitatively using inductive approach. This article concludes that this Indonesia’s import policy is consistent with the formal principle of regulation formation, but does not fully comply with the substantive principle. This Indonesia’s import policy is in accordance with the regionalization and harmonization principles of the WTO SPS Agreement. However, it seems to be inconsistent with Article XI.1 GATT, because it requires certain conditions categorized as quantitative restrictions.

Implications of Conditional Inconstitutional Decisions in The Constitutional Court Decision: Implikasi Putusan Inkonstitusional Bersyarat dalam Putusan Mahkamah Konstitusi Irna Nurhayati; Aminoto Aminoto
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2014

This research focuses on the decision of Constitutional Court Number 91/PUU-XVIII/2020, which states that Law Number 11 of 2020 concerning Job Creation is unconstitutional because of a formal flaw in its formation. This study aims to answer two questions. First, regarding the development and characteristics of conditional decisions issued by the Constitutional Court. Second, what are the implications of conditional unconstitutional decisions issued by the Constitutional Court in Decision Number 91/PUU-XVIII/2020? The research method used is doctrinal legal research with a secondary database. The research results show; (1) there are two types of conditional decisions at the Constitutional Court: conditional constitutional decisions and conditional unconstitutional decisions. (2) Decision Number 91/PUU-XVIII/2020 can potentially cause an ambiguous interpretation regarding conditional unconstitutionality because the Constitutional Court, in its a quo decision, stated that Law Number 11 of 2020 concerning Job Creation remains valid. When referring to the conditional unconstitutional meaning generally understood, the law should be unconstitutional until the amendments are completed.

A CROSS-JURISDICTIONAL COMPARISON OF MSME INSOLVENCY FRAMEWORKS IN INDONESIA AND SINGAPORE Recca Ayu Hapsari; Tata Wijayanta; Irna Nurhayati; Stanislav Vladimirov Mladenov
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4564

Micro, Small, and Medium Enterprises (MSMEs) are central to Indonesia’s economy but remain highly vulnerable during financial crises, partly due to the absence of a dedicated insolvency regime under Law No. 37 of 2004. This study identifies structural gaps in Indonesia’s bankruptcy framework, particularly its misalignment with MSME characteristics under Law No. 20 of 2008, including unclear legal subject status and weak asset separation that expose owners’ personal assets to bankruptcy risks. Using a socio-legal approach that combines statutory analysis, court decisions, interviews with MSME stakeholders, and bankruptcy data from Indonesia and Singapore, the study finds that Indonesian MSMEs face slow procedures, high costs, limited institutional support, and low awareness of insolvency remedies, leading to underutilization of existing mechanisms. In contrast, Singapore’s simplified insolvency framework demonstrates how tailored, low-cost procedures can support MSME recovery and sustainability. The study argues for reforming Indonesia’s bankruptcy law to improve accessibility, efficiency, and legal certainty for MSMEs, thereby strengthening entrepreneurship and long-term economic stability.

Legal Protections for the User of the Immersive Technology Under Indonesian Law Uni Tsulasi Putri; Irna Nurhayati; Taufiq El Rahman
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.40945

The rapid advancement of immersive technologies, boosted by Artificial Intelligence, is revolutionizing industries such as education, healthcare, and commerce. These technologies create new forms of consumption that involve intensive data processing, virtual assets, and platform-controlled environments, raising urgent legal questions regarding consumer protection. This study examines whether Indonesia’s current consumer protection legal framework is sufficient to protect consumers as users of immersive technology and to address emerging legal challenges and strategies arising from its use. The research adopts a normative legal research based on secondary data, focusing on statutory analysis of the Acts concerning Consumer Protection, Personal Data Protection, and the Electronic Information and Transactions, supported by legal doctrine and scholarly literature. Legal protection theory is employed as a normative benchmark to assess the sufficiency of the legal protection provided by existing regulations. The findings indicate that, although Indonesia’s consumer protection framework provides basic legal safeguards, it has not been specifically structured to deal with immersive‑technology risks, including data‑driven and algorithmic practices, the legal treatment and loss of virtual assets, and consumer vulnerability in persistent, high‑immersion digital environments. This condition demonstrates the legal urgency for regulatory refinement to ensure effective consumer protection while accommodating immersive technology innovation.

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