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Progressive Law Analysis of Injustice in Asset Value Requirements for Construction Services Misno Misno; Ahmad Ahmad; Istiqomah Istiqomah; Aris Gumilar
Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i2.15962

Abstract

The Minister of Public Works and Housing Regulation No. 8 of 2022 establishes an asset value requirement of IDR 5 billion for M2 qualification in the installation sector, consequently marginalizing 88% of small-scale construction service enterprises. This research employs qualitative methodologies incorporating juridical-normative and juridical-empirical approaches to analyze the regulatory injustice through the lens of Satjipto Rahardjo's Progressive Law Theory. Data were collected through in-depth interviews with 25 respondents representing diverse stakeholder categories. The findings demonstrate that asset value requirements lack adequate philosophical, juridical, and sociological foundations for the installation sector, which functions as a knowledge intensive industry. The regulatory implementation engenders distributive, procedural, and interactional injustice, contradicting the fundamental principle of "law for humanity." The regulation has resulted in the displacement of 131,000 employment positions and a 64.3% reduction in government project accessibility, without establishing any empirically validated correlation between asset value and technical competency. This study recommends an implementation moratorium and the development of competency-based qualification models more consonant with the installation industry's distinctive characteristics.
Licensing Disputes in The State Administrative Court System Regita Dwi Azzahra; Ahmad Ahmad; Putri Aulya Maharani; Syahrul Ardiyansyah Hamid; Siti Athira Hasya; Revalina Keyza; Wahyu Tenggar A Ruby Razzaq Sulaiman; Muhammad Rifadli Rabunah; Rizky Sapta Ramadan Ependi; Endang Mulyadin
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15965

Abstract

Licensing is an administrative instrument used by the government to regulate public activities that may generate social, economic, and environmental impacts. In practice, however, the issuance of permits frequently results in disputes due to procedural defects, abuse of authority, and violations of general principles of good governance. This study aims to analyze the characteristics of licensing disputes, the legal framework governing judicial review, and the effectiveness of the Administrative Court in providing legal protection to citizens. The research applies a normative juridical method using statutory and conceptual approaches through the examination of administrative law doctrine and court decisions. The findings indicate that most licensing disputes originate from weak administrative verification, improper use of discretion, and non-compliance with the principles of legality and legal certainty. The Administrative Court functions as a supervisory mechanism by reviewing the legality of administrative decisions and restoring the rights of affected parties. Nevertheless, its effectiveness remains limited due to technical evidentiary difficulties and weak enforcement of judicial decisions by administrative authorities. Therefore, strengthening administrative oversight mechanisms and ensuring execution of court judgments are necessary to establish accountable governance
The Relevance of Pancasila as the Philosophical Foundation in Law Making in Indonesia Misno Misno; Ahmad Ahmad; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i1.16080

Abstract

This research explores the relevance of Pancasila as a philosophical foundation in the formation of law in Indonesia. Despite its official recognition as the ideological basis of the state, the practical implementation of Pancasila's values in the legislative process often faces significant challenges. Through a normative empirical approach, this study identifies the gap between the ideal of Pancasila and its application in Indonesian law, particularly in the context of globalization and external pressures. The findings reveal that while Pancasila remains crucial, there is a need for comprehensive reform in the legislative process to ensure that laws genuinely reflect the principles of Pancasila. This research emphasizes the importance of strengthening Pancasila education among policymakers and integrating its values into all stages of law-making to preserve national identity and social justice
Artificial Intelligence as Digital Prose in Redefining Originality in Legal Discourse Rijal Ibnu Sani; Suartini Suartini; Ahmad Ahmad; Tri Cahya Indra Permana
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.16087

Abstract

This research originates from the phenomenon of moralistic stigma and academic conservatism that tend to perceive the integration of Artificial Intelligence (AI) as a degradation of originality in legal scholarship. Historically and empirically, however, the evolution of intellectual instruments from the pen to the computer has consistently transformed modes of expression without ever extinguishing the essence of human thought itself. This study aims to deconstruct the myth of “handwritten originality” while legitimizing AI as a lawful co-creative instrument within the domain of telematics legal writing. Employing a conceptual approach and historical-technological comparison, the research finds that in the era of digital disruption, the essence of originality no longer resides in the mechanical construction of diction, but rather in the authority of logical curation, data validation, and argumentative direction elements that remain fundamentally controlled by the human legal subject as the holder of intellectual agency. The analysis concludes that AI should be understood as “Digital Prose,” evolutionarily comparable to the transformative impact of the typewriter and office software revolutions of previous decades. Systemic resistance to this technology is thus interpreted as a manifestation of technophobia that is increasingly incompatible with contemporary standards of performance, efficiency, and accuracy in modern legal discourse. The study recommends a redefinition of academic ethics that is more inclusive of human–machine collaboration in advancing global legal literacy
The Paradox of Cessie: Juridical Risks Behind the Euphoria of Non-Performing Asset Purchases Rijal Ibnu Sani; Suartini Suartini; Ahmad Ahmad; Tri Cahya Indra Permana; Gamal Abdul Nasir
Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i2.16090

Abstract

The phenomenon of bank receivables assignment (cessie) in Indonesia is currently experiencing a misleading paradigm shift, whereby this instrument is marketed as if it were a transaction for purchasing discounted property assets. The principal issue addressed in this study is a juridical paradox in the form of public misconception equating the position of the cessionary (assignee of receivables) with that of the direct owner of the secured object, whereas legally cessie merely constitutes the transfer of a claim right (vordering op naam). This research aims to deconstruct the proprietary nature of rights in cessie and to map the legal risks arising from the euphoria surrounding the acquisition of non-performing loans. The method employed is normative juridical research using statutory and conceptual approaches. The findings demonstrate that cessie does not automatically transfer ownership of the asset due to its accessory nature; physical control over the collateral still requires enforcement through mortgage execution procedures or eviction lawsuits, both of which are vulnerable to debtor resistance (derden verzet). The study concludes that the euphoria of purchasing cessie without proper legal risk mitigation will entrap buyers in protracted litigation and high costs. In essence, the buyer does not purchase a “house,” but rather a “right to claim,” fraught with legal uncertainty.
Center Region Relations and National Cohesion in Indonesia Slamet Riyanto; Ahmad Ahmad
Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i2.16160

Abstract

This article examines the long-term challenge of national integration in Indonesia through the historical development of constitutional arrangements and their interaction with contemporary governance practices. It explains how federalism, unitarism, and center–region relations continue to influence political stability and national cohesion. The study applies normative legal research supported by historical and conceptual analysis. Primary materials include constitutional documents and state policies, while secondary materials cover scholarly works on decentralization, separatism, governance, and disaster management. The findings show that Indonesia’s integration problems are rooted in structural inequality, unresolved historical legacies, and governance practices that reinforce perceptions of regional marginalization. The article also finds that federalism operates less as a realistic constitutional alternative than as a symbolic political discourse that re-emerges during crises, including the 2025 hydrometeorological disaster in Sumatra. It concludes that constitutional design alone is insufficient to sustain national integration without inclusive governance, equitable development, institutional responsiveness, and stronger public trust
Sustainable Development Communication in Digitalization of Waste Management through Digital Waste Banks in Serang City Agus Kristian; Ahmad; Erlin Pramesti Agustina
Ilomata International Journal of Social Science Vol. 7 No. 1 (2026): January 2026
Publisher : Yayasan Ilomata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/ijss.v7i1.1910

Abstract

Waste management in Serang City faces challenges, such as low community participation and limited facilities, leading to increased waste volume and environmental pollution. The Digital Waste Bank, as an innovative solution, leverages digitalization to enhance waste management effectiveness through community participation. This study, applying a Sustainable Development Communication approach, aims to analyze communication strategies in digital waste management, identify factors influencing community participation, and propose an effective collaborative communication model between government, communities, and the private sector in the context of the Digital Waste Bank (BSD) in Serang City. Using a qualitative case study approach, data were gathered through in-depth interviews, participatory observations, and focus group discussions. The findings highlight that adaptive communication strategies, the use of social media, and community-based approaches are crucial for engaging the public. Key obstacles include low digital literacy and limited technology access, but opportunities exist in the form of economic incentives and CSR support. The study concludes that structured, cross-sector collaboration significantly enhances the sustainability of digital waste management. Recommendations include improving digital literacy and establishing an integrated communication system between stakeholders to ensure program sustainability.
Analysis of the Impact of Fintech Innovation, Digital Trust, and Consumer Education on the Financial Performance of MSMEs in Tangerang City Dwi Saleha; Ahmad Ahmad; Solihin Solihin; Dwiati Marsiwi; Eko Sudarmanto; Surya Ramadhan Noor
West Science Interdisciplinary Studies Vol. 4 No. 01 (2026): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v4i01.2589

Abstract

The rapid development of financial technology (fintech) has transformed the way Micro, Small, and Medium Enterprises (MSMEs) manage their financial activities, particularly in urban areas such as Tangerang City. This study aims to examine the impact of fintech innovation, digital trust, and consumer education on the financial performance of MSMEs. A quantitative research approach was employed using primary data collected from 150 MSME owners and managers in Tangerang City through a structured questionnaire measured on a five-point Likert scale. Data analysis was conducted using Structural Equation Modeling–Partial Least Squares (SEM-PLS) with SmartPLS 3. The results reveal that fintech innovation has a positive and significant effect on MSME financial performance. Digital trust also shows a significant and positive influence and emerges as the strongest determinant of financial performance. In addition, consumer education significantly contributes to improved financial performance by enhancing financial literacy and the effective use of digital financial services. Collectively, these findings indicate that MSME financial performance in the digital era is driven by an integrated framework combining technological innovation, trust in digital systems, and human capital development. The study provides practical insights for policymakers, fintech providers, and MSME stakeholders in developing inclusive and sustainable digital financial ecosystems.
Analysis of the Impact of Fintech Innovation, Digital Trust, and Consumer Education on the Financial Performance of MSMEs in Tangerang City Dwi Saleha; Ahmad Ahmad; Solihin Solihin; Dwiati Marsiwi; Eko Sudarmanto; Surya Ramadhan Noor
West Science Interdisciplinary Studies Vol. 4 No. 01 (2026): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v4i01.2589

Abstract

The rapid development of financial technology (fintech) has transformed the way Micro, Small, and Medium Enterprises (MSMEs) manage their financial activities, particularly in urban areas such as Tangerang City. This study aims to examine the impact of fintech innovation, digital trust, and consumer education on the financial performance of MSMEs. A quantitative research approach was employed using primary data collected from 150 MSME owners and managers in Tangerang City through a structured questionnaire measured on a five-point Likert scale. Data analysis was conducted using Structural Equation Modeling–Partial Least Squares (SEM-PLS) with SmartPLS 3. The results reveal that fintech innovation has a positive and significant effect on MSME financial performance. Digital trust also shows a significant and positive influence and emerges as the strongest determinant of financial performance. In addition, consumer education significantly contributes to improved financial performance by enhancing financial literacy and the effective use of digital financial services. Collectively, these findings indicate that MSME financial performance in the digital era is driven by an integrated framework combining technological innovation, trust in digital systems, and human capital development. The study provides practical insights for policymakers, fintech providers, and MSME stakeholders in developing inclusive and sustainable digital financial ecosystems.
A Regulatory Delegation Compliance Model for Law Number 1 of 2009 on Aviation: Optimising the Formation of Just and Legally Certain Implementing Regulations Daniel Dewantoro Rumani; Ahmad Ahmad; Upik Mutiara
SKYHAWK : Jurnal Aviasi Indonesia Vol. 6 No. 2 (2026): SKYHAWK: Jurnal Aviasi Indonesia
Publisher : Indonesia Civil Pilot Academy Banyuwagi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52074/skyhawk.v6i2.378

Abstract

Law Number 1 of 2009 on Aviation functions as an umbrella statute that delegates extensive technical matters to implementing regulations. This article examines the delegation of rule-making authority under the Law and proposes a Regulatory Delegation Compliance Model (RDCM) to improve the formulation and implementation of subordinate legislation. Using normative legal research with statutory, conceptual, historical, and comparative approaches, the study analyses the construction of delegated authority, the implementation of delegation mandates, and their implications for Indonesia’s aviation legal system. The findings reveal that, although the delegation framework is comprehensive, it lacks clarity regarding the division of authority between Government Regulations and Ministerial Regulations, while sub-delegation often occurs without an explicit statutory basis, creating tension with the principle delegatus non potest delegare. The study also identifies substantial non-compliance with Article 466, as many implementing regulations were issued beyond the statutory deadline or remain absent, creating legal uncertainty and regulatory gaps. To address these issues, the proposed RDCM integrates five sequential functions—formulate, plan, assess, enact, and monitor—grounded in legal certainty, regulatory hierarchy, and the rechtsstaat.
Co-Authors Abdullah Yuwafie Maimun Achmad Faiz Adie Dwiyanto Nurlukman Agis Syadina Putra Agus Darmawan Agus Kristian Agus Muhidin Amiludin, Amiludin Anggraini Soemadi Annelis Larasati Gufron Aris Gumilar Ayu Sipah Bagus Wirayuda Bin Risal, Andi Asril Brian Rahmat Ismail Cahaya Fitri Cucu Supyan Cahyana Daniel Dewantoro Rumani Diah Puspita Anggraini Dini Nuraini Mahalli Djuhrijjani Djuhrijjani Djuhrijjani Djuhrijjani Djuhrijjani, Djuhrijjani Dudung Hadiwijaya Dwi Saleha Dwiati Marsiwi Edi Suharjono Eki Furqon Eko Sudarmanto Endang Mulyadin Erlin Pramesti Agustina Fajar Sulistyo Fakhri Aldifha Kurnia Fakhri Aldifha Kurnia Fathi, Muhammad Fatkhul Muin Fitri Anggraini Franky Ariyadi Franky Aryadi Franky Aryadi Furqon, Wahyul Galuh Dwi Prasasti Gamal Abdul Nasir Gamal Abdul Nasir Gamal Abdul Nasir Iin Inayah Irwansyah Irwansyah Isam Tuanaya Istiqomah Istiqomah Jibril Makarim Judijanto, Loso Junaidin Junaidin Laesa Awalin M. Imam Muttaqijn Melisa Susanti Misno Misno Mohammad Nurkholis Mokhamad Bakhtiar Azami Muhamad Fariq Haqi Muhamad Islahudin Azhari Muhammad Azhari Aqil Muhammad Hendra Muhammad Rifa Ali Akbar Muhammad Rifadli Rabunah Muhammad Rizqi Ramadhan Muhammad Yusuf Musa, Nurhafilah Muslim Mamulai, Muslim Nabila Fauziyyah Nanda Agus Safana Sukma Nasrullah Nasrullah Netty Arieyani NIZLA ROHAYA Nizla Rohaya Nizla Rohaya Pardo Sitanggang Pardo Sitanggang Primandha Anggoro Pudjiyawati Pudjiyawati Putri Aulya Maharani Rahmad Alan Kurniawan Ravina Nayla Putri Regita Dwi Azzahra Revalina Keyza Rijal Ibnu Sani Rijal Ibnu Sani Riri Gusda Rizky Sapta Ramadan Ependi Rohaya, Nizla Salahudin Dirjon Salsabila Maharani Sapardiyono Sapardiyono Selvi Aulia Herawati Sitanggang, Pardo Siti Athira Hasya Siti Ruaida Turam Slamet Riyanto Sobirin Solihin Solihin Suartini Suartini Suartini Sulaiman, King Faisal Sumartono Sumartono Surya Ramadhan Noor Syahrul Ardiyansyah Hamid Syarif Budiman Tania Sahda Tanto Purwanto Tiwuk Herawati Tri Cahya Indra Permana Tri Cahya Indra Permana, Tri Cahya Indra Triana Zuhrotun Aulia Upik Mutiara Upik Mutiara Wahyu Tenggar A Ruby Razzaq Sulaiman Wilda Ayu Anggraeni William Ramadhan