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All Journal Jurnal Mahasiswa Fakultas Hukum Arena Hukum Jurisprudentie Pena Justisia: Media Komunikasi dan Kajian Hukum Petitum Alauddin Law Development Journal (ALDEV) Amsir Law Jurnal (ALJ) Golden Ratio of Data in Summary Journal of Artificial Intelligence and Digital Business Madani: Multidisciplinary Scientific Journal Media Hukum Indonesia (MHI) Al-Istinbath : Jurnal Ilmu Hukum dan Hukum Keluarga Islam Indonesia Media Law Review Pledoi Law Jurnal
Mira Nila Kusuma Dewi
Universitas Indonesia Timur Makassar
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The Creditor's Position After the Constitutional Court's Decision on the Examination of Article 15 of the Fiduciary Guarantee Law Wulandari, Andi Sri Rezky; Dewi, Mira Nila Kusuma; Nurmiati, Nurmiati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4294

Abstract

The Constitutional Court Decision Number 18/PUU-XVII/2019 provides a transformation regarding the process of execution of fiduciary guarantees by creditors against debtors by changing the substance of the regulation that cannot be carried out unilaterally without permanent legal standing. The purpose of this research is to look further after the Constitutional Court's decision regarding the position of execution on financing that provides loans to creditors. This research method is a normative research that examines the decision of the Constitutional Court regarding the execution of fiduciary guarantees. The results of this study show that first, the essence of the Constitutional Court's decision is that execution by financing institutions cannot be carried out unilaterally before the court gives an official decision. Secondly, that the decision only shows specifically between debtors and creditors so that this decision cannot be used as a legal argument related to other auction processes and including as a basis for changes in legislation related to auctions outside the problems between debtors and creditors. The implication of this decision is that the institution cannot take actions outside of the court decision.
Analysis of the Legal Substance of Indonesia's Bilateral Investment Treaty (BIT): Balance of Rights and Obligations Based on National Interest Mira Nila Kusuma Dewi; Nurul Miqat; Sahlan; Sunardi Purwanda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5619

Abstract

This study aims to analyze Indonesia's Bilateral Investment Treaty (BIT) Law: Protection of National Interests and Balance of Rights and Obligations of Investors. This research is a type of normative research that will examine and analyze the Bilateral Investment Treaty which provides a balance between rights and obligations based on Indonesia's national interests. The data collection technique through primary legal materials, secondary and tertiary legal materials that have been collected is invertarily, processed and studied in depth so that an overview of the legal issues being studied is obtained. Data analysis is legal material that has been processed and then analyzed using qualitative methods with content analysis techniques. The results of this study conclude that Indonesia's BIT which is in force until now generally still uses the old BIT model which often causes problems with other parties in the agreement, one of which is a lawsuit through ICSID filed by investors from countries that are partners in the Agreement. Sometimes the value of claims sued by investors is sometimes too large to burden the state's finances. This is what encourages the Indonesian side to review the content of the BIT that has been made. Many BITs have been stopped and some have been amended to avoid an imbalance of rights and obligations between investors and the state. Indonesia's BIT that will be created or is currently in force can be amended by including clauses that contain human rights values, environmental protection, sustainability and economic benefits
Bilateral Investment Treaties in the Digital Era: Implications for Technology and Media Regulation Mira Nila Kusuma Dewi; Nurul Miqat; Susi Susilawati; Ashar Ridwan; Abd. Basir
Indonesia Media Law Review 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/imrev.v4i2.37742

Abstract

The rapid expansion of digital technologies has transformed the global investment landscape, prompting states to revisit the structure and objectives of Bilateral Investment Treaties (BITs). Initially designed to protect tangible investments through guarantees such as fair and equitable treatment (FET), non-discrimination, and protection against expropriation, BITs now confront a new set of regulatory challenges associated with cross-border data flows, platform governance, and digital sovereignty. The rise of technology and media platforms-characterized by their intangible, mobile, and data-driven nature-raises fundamental questions regarding the definition of “investment,” the scope of investor rights, and the extent of state regulatory space. This article examines the evolution of BITs in the digital era using a normative juridical method, focusing on how international investment law interacts with technology and media regulation. Through analysis of key jurisprudence, particularly Yahoo! Inc. v. LICRA and UEJF and the Schrems I & II decisions of the Court of Justice of the European Union (CJEU), the study demonstrates that the digital ecosystem demands more adaptive treaty frameworks capable of balancing investor protection with legitimate regulatory objectives such as privacy, cybersecurity, and content governance. The article also evaluates Indonesia’s regulatory landscape, including the Information and Electronic Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), to illustrate national perspectives on digital governance within the broader BIT reform movement. Ultimately, this research argues that BITs must incorporate explicit digital-era provisions-such as data governance carve-outs, cybersecurity exceptions, and right-to-regulate clauses-to safeguard state sovereignty and public interests while maintaining a predictable investment environment.
Co-Authors A, Amrullah A. Hans Tayeb Adrian Abd. Basir Abdul Ghoni Akbar, Arifin Amri, Muhammad Haekal Andy, Arif Anwar A, Anwar Anwar, Andy Kurnia Arie, Muh. Arybandi Ashar Ridwan Asrul Sani Aswar, A. Basir, Abd Basir, Abd. Bellatrix, Alif Nunqy Dermawan, D. Dita Pratiwi Evandri, Riswan F, Fatrah F, Fikram Fachriza, Hilda Fadli S, Nur H, Halifa H, Herianto Hartawati, Andi Has, A. Altin Aslam Hidayat, M. Fahril Ilahi, Rahmat Jahudin, Rayindra Jihan, Andi Khidir Lisa Mery, Lisa Marliyati Marliyati, Marliyati Maswatu, Ismail Muhammad Syamsuddin Mujiono Mujiono Musafir Mustafa, Firman N, Nasria Nugroho, Andy Eko Nur Akmal Nur Wahyu Hidayat Nurmiati Nurmiati Nurul Miqat Octaviany, Resty P, Ipong Gawi Patadungan, Zeth Nathaniel Rian Hidayat Risal, Andi S, Sadikin S, Sunardi Sahlan Santosa, Tomi Apra Sarmawati, S. Sopamena, M. Sjukri Sopamena, Mahmud Rahim Suhartati Sunardi Purwanda Susi Susilawati Syamsuddin, Muh Suharto Taqiyuddin Kadir Tri Andika, Tri Wulandari, Andi Sri Rezky Yusril, Muh. Zulfikar, Sri Amelia