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Ratna Januarita
Universitas Islam Bandung
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Wanprestasi Perjanjian Repurchase Agreement di Pasar Modal yang Berdampak Kerugian Investor Dihubungkan dengan Peraturan Otoritas Jasa Keuangan Nomor 9/Pojk.04/2015 Tentang Pedoman Transaksi Repurchase Agreement bagi Lembaga Jasa Keuangan Muhammad Juniardi Putra; Ratna Januarita
Bandung Conference Series: Law Studies Vol. 4 No. 1 (2024): Bandung Conference Series: Law Studies
Publisher : UNISBA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/bcsls.v4i1.9973

Abstract

Abstarct. Guidelines regarding transactions repurchase agreement (REPO) has been regulated by the Financial Services Authority (OJK), but in practice there are still cases where one of the parties experiences losses due to non-compliance with the agreement in practice due to an action that is not in accordance with the agreement. The approach method used in this research is the Normative Juridical approach, namely a legal approach carried out by examining library materials or secondary data. This research is descriptive analytical in nature, which provides a description of an object being studied through the data collected, apart from that the analysis is also carried out based on relevant and latest laws and regulations in order to get answers to the problems being studied. Implementation of a repurchase agreement (REPO) transaction agreement, in this case the seller and buyer must enter into a written agreement that complies with the provisions of Financial Services Authority Regulation Number 9/POJK.04/2015. In relation to liability for default, the aggrieved party can take legal action in Article 1267 of the Civil Code, namely by requesting implementation of the contents of the agreement if it can still be implemented, requesting compensation, requesting cancellation of the agreement as well as compensation. Implementation of the repurchase agreement (REPO) transaction must be based on the agreement. written and implementing GMRA. Meanwhile, Financial Services Authority Regulation Number 9/POJK.04/2015 states that if an event of failure occurs, all parties must complete their obligations in accordance with the procedure for resolving the event of failure as well as the related rights and obligations that have been regulated in the repurchase agreement (REPO) transaction agreement.
WTO Subsidies Agreement on Fisheries (2022-2024): Agreed Terms and Implications for Indonesia Mucharom, Rully Syahrul; Suriaamadja, Toto Tohir; Januarita, Ratna; Jaya, Belardo Prasetya Mega; Maharani, Dwi Gita; Asari Taufiqurrohman
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 2 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i2.1394

Abstract

Indonesia has issued a fisheries subsidy policy to encourage the development of the fishing industry because this sector contributes to national development, but the subsidies applied must be in accordance with the provisions stipulated in the WTO. Indonesia is a member of the WTO and in the last few meetings held by the WTO in which the WTO prohibits subsidies, besides that fisheries subsidies can cause depletion of fish stocks and damage to marine biota. This is not in line with the UN program, namely Sustainable Development related to sustainable fisheries, so the implementation of fisheries subsidy policies can cause problems. the 12th WTO ministerial conference, a draft was drafted, but until now the draft has not been ratified, the draft fisheries subsidies at the WTO specifically regulate fisheries subsidies that are prohibited and exceptions in general. the 13th Ministerial Conference 2024 has not yet concluded negotiations on agricultural and fisheries subsidy issues, which remain key concerns for the conference organizers. Trade or Economic Ministers of the WTO engaged in negotiations are aware of the significant differences in positions among member states, necessitating further time for additional negotiations to be continued by permanent delegations in Geneva. The impact of the draft WTO fisheries subsidy, if successfully ratified, will have a negative impact on Indonesia in terms of the fishery market, fishery resources and employment.
Material Flow and Economic Analysis of Wantilan Recycling Center Promoting Circular Economy Principles Satori, Mohamad; Hindersah, Hilwati; Burhanudin, Hani; Januarita, Ratna; Purnamasari, Pupung; Hernawati, Riza; Patricia, Vinda Maharani; Miftahadi, Machmuddin Fitra
Jurnal Presipitasi : Media Komunikasi dan Pengembangan Teknik Lingkungan Vol 21, No 3 (2024): November 2024
Publisher : Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/presipitasi.v21i3.722-733

Abstract

Waste is increasingly recognized not just as an environmental challenge but also as an economic opportunity, particularly in developing countries like Indonesia where it can help alleviate employment shortages. This study explores the dual role of waste as both a tradable commodity driven by industrial demands for raw materials, including primary substances, additives, and Refuse Derived Fuel (RDF), and as a means of reducing environmental impact. This phenomenon is important and interesting because it can have a positive impact both in terms of reducing waste, saving natural resources, and as an economic opportunity for society. This study aims to examine the potential of waste that can be utilized as a resource on the one hand and reduce the potential for pollution on the other. The study used the Material Flow Analysis (MFA) method with the Circular Economy principle and used an action research approach to redesign the waste processing system. The results of this study indicate that the current system only manages 34% of the total waste generation and only 4% can be reused with sales of IDR 97.9 million per year. With the development of a new system, the waste managed is 60% with the economic potential generated of 1.08 billion per year.
Legal Protection for Patients and Providers Telemedicine Services: Perspectives Principle Balance Helana, Ricky; Setiadi, Edi; Januarita, Ratna; Erlena, Erlena
Journal La Sociale Vol. 6 No. 2 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i2.1876

Abstract

Development technology No only change pattern life public everyday, but also influential in various industry, including in service known health with Telemedicine Services health through telemedicine has Lots benefits, but also risks high, so that required protection law for doctor and patient in service health through telemedicine as digital transformation. Objective from study This mapping and testing existing rules and regulations regarding digital transformation in particular For telemedicine, is it is already optimal in fulfil its function as service health to society, and is also associated with principle balance as outlined in Health Law No. 17 of 2023 Concerning Health. Methods the approach used is legal normative, with specification study nature descriptive analytical. The data used studies literature using secondary and tertiary data with technique analysis qualitative normative. Based on results study This show that; regulation protection law for doctor and patient in service health through telemedicine not yet based on principle balance. Invite law temeledicine regulated in Law No. 17 of 2023 concerning Health is still Not yet explain guidelines in detail about implementation telemedicine.
Manifest Social Justice Judging from the Principles of Islamic Law on Corporate Criminal Aspects of the Environment: Literature Review Rimsyahtono; Sambas, Nandang; Januarita, Ratna; Imaniyati, Neni Sri
Jurnal Hukum Islam Vol 19 No 2 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i2.4958

Abstract

Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.
Potential Abuse of Unaccountable Management of One-Person Company in Banking Loan Agreement Budiyono, Budiyono; Sumiyati, Yeti; Suhada, Ahmad Syauqi; Januarita, Ratna; Ali, Syuhaeda Aeni Mat
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25522

Abstract

One of the new legal subjects in Indonesian corporate law based on Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law (Job Creation Law) is a One-Person Company (which is then written as OPC), which is a legal entity that meets the criteria of micro and small businesses. This review aims to analyse the management mechanism of an OPC under the Job Creation Law, which is linked to the Principle of Accountability in banking credit agreements. The management mechanism of a One-Person Company under the Job Creation Law is unclear, namely the ambiguity of the definition and functions of the company's organs, which is only centered on one shareholder, concurrently as the organ that runs and supervises the company, so that the management of an OPC becomes unaccountable. The unaccountable management mechanism of an OPC has the potential to abuse the authority of the company's organs. In a banking credit agreement entered into by an OPC, this can occur at the stage of the credit application process and the execution of the credit agreement. At the credit application stage, the absence of a Board of Commissioners in an OPC has the consequence that the decision on the credit application plan is only in the hands of one organ only, namely the shareholder, who is one person, who also doubles as a director of the company through a Shareholders' Resolution. There are no other organs that can be asked for consideration and or approval related to credit applications that are in accordance with the needs of the company. Meanwhile, at the stage of implementing the credit agreement, there is no other organ that carries out the function of supervising the use of credit and the obligation to submit periodic financial reports to the bank, in accordance with the positive/affirmative covenants agreed in the credit agreement.
IMPLEMENTATION OF PRESIDENTIAL REGULATION NUMBER 13 OF 2018 CONCERNING THE APPLICATION OF THE PRINCIPLE OF RECOGNIZING CORPORATION BENEFICIAL OWNERS IN THE FRAMEWORK OF PREVENTION AND ERADICATION OF MONEY LAUNDERING AND TERRORISM FINANCING IN CONNECTION W Andi Yudistira; Ratna Januarita; Yenni Yunithawati Rukmana
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.774

Abstract

Beneficial Owner or beneficial owner in Presidential Decree Number 13 of 2018, explained as holder power and authority the highest one has control full towards the Corporation as a GMS. Based on his rights as regulated​ in Presidential Decree Number 13 of 2018 , Beneficial Owners have​ equal standing​ with Major Shareholders who have shares , rights sound and get profit more of the 25% where has exceeding the ownership limit share holder share main namely at least 20% in the company . Corporations are often used as tool somebody For avoid not quite enough answer disclosure origin treasure riches as well as use assets . Misuse ownership benefit can harm holder share minorities , employees , creditors , and lead to crime businesses that are detrimental to the country, such as act criminal corruption , crime criminal money laundering , crime criminal funding terrorism , and others . The role of notaries in recognize Owner Sorry in Corporations , have obligation For to apply principle recognize Owner Benefits done through identification , verification and monitoring towards the Corporation as user service as regulated​ in Presidential Decree Number 13 of 2018 and Perkumham Number 15 of 2019. However , in reality matter the Not yet can implemented in a way maximum because of its complexity structure ownership in a Corporation and No existence clarity position about Beneficial Owner or beneficial owner in UUPT, apart from That Still many Corporations as user services that are still Not yet cooperative in give information related The Beneficial Owner is the real . Vacancy law related position Beneficial Owner or beneficial owner in a Corporation because Still Not yet there is arrangement legislation that regulates in a way clear and specific .
A JURIDICAL AND PHILOSOPHICAL ANALYSIS OF A NEW INSTITUTIONAL FRAMEWORK TO REPLACE SKK MIGAS IN THE IMPLEMENTATION OF ARTICLE 33 OF THE 1945 CONSTITUTION AND RENEWABLE ENERGY Rizkiyadi Darmowiyoto; Ratna Januarita
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.3248

Abstract

The oil and gas (Migas) sector holds a strategic role in Indonesia’s economy, serving both as a significant source of state revenue and as the country’s primary energy supply. However, national oil and gas governance continues to face major challenges, particularly regarding institutional arrangements and the effectiveness of existing supervisory mechanisms. The Constitutional Court (Mahkamah Konstitusi) Decision No. 36/PUU-X/2012 (“MK Decision No. 36”) which dissolved the Executive Agency for Upstream Oil and Gas Business Activities (BP Migas), reaffirmed the need for the establishment of a new institution that is more in line with the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. To date, the Special Task Force for Upstream Oil and Gas Business Activities (SKK Migas), which replaced BP Migas, remains a provisional entity without a permanent statutory basis. This study aims to conduct a juridical and philosophical analysis of the potential form of a new institutional framework to replace SKK Migas. It adopts an approach grounded in economic law theories, including the Economic Efficiency Theory of Richard A. Posner, the Pure Theory of Law by Hans Kelsen, the Theory of Distributive Justice by John Rawls, John Austin’s Theory of Legal Validity, The Concept of Law of H.L.A. Hart, and other relevant legal theories. Through this theoretical lens, the research explores institutional models that are more effective, efficient, transparent, accountable, and oriented toward public welfare in the governance of the national oil and gas sector. The findings indicate: (1) The draft of Oil and Gas Law (RUU Migas) must stipulate a legally stronger institutional framework that integrates both supervisory and operational functions through transparent and accountable mechanisms; (2) The draft legislation should incorporate the principles of renewable energy (EBT) and the Sustainable Development Goals (SDGs), while remaining grounded in the mandate of Article 33 paragraphs (2) and (3) of the 1945 Constitution as the foundation of the State. Accordingly, this study recommends that oil and gas regulation should not only focus on enhancing investment but also promote transparency, accountability, and energy sustainability—ensuring that national oil and gas policy aligns with the constitutional mandate of Article 33 and international standards in support of a sustainable energy transition.
Penerapan Prinsip Utmost good faith dalam Kontrak Baku pada Kasus Gagal Bayar Perusahaan Fintech Lending Khilda Ishmah Fauziyah; Ratna Januarita
Jurnal Riset Ilmu Hukum Volume 5, No 1, July 2025, Jurnal RIset Ilmu Hukum (JRIH)
Publisher : UPT Publikasi Ilmiah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/jrih.v5i1.6678

Abstract

Abstract. Fintech lending, operated by PT iGrow Resources Indonesia, has become one of the innovative solutions in providing easier and faster access to financing for the community. By utilizing technology, fintech lending allows individuals and small businesses to obtain loans without having to go through the complicated and lengthy processes that are common in traditional financial institutions. However, behind this convenience, there are significant challenges related to the application of the principle of utmost good faith in the standard contract used in the transaction. This research uses a normative juridical method with a descriptive-analytical approach to explore the issues that arise in the practice of fintech lending, particularly with regard to standardized contracts. The data collected includes secondary data, such as relevant laws and regulations, legal literature, and related documents. Through this analysis, it was found that some clauses in iGrow's standardized contracts, such as risk transfer and lack of transparency, are potentially harmful to lenders. These clauses can create dissatisfaction among lenders and undermine the principle of fairness in transactions, which should be the cornerstone of any agreement. Despite the legal protection regulations set out in POJK Number 6/POJK.07/2022, which includes preventive and repressive mechanisms, unfair practices can still occur. Abstrak. Fintech lending, yang dioperasikan oleh PT iGrow Resources Indonesia, telah menjadi salah satu solusi inovatif dalam memberikan akses pembiayaan yang lebih mudah dan cepat bagi masyarakat. Dengan memanfaatkan teknologi, fintech lending memungkinkan individu dan usaha kecil untuk mendapatkan pinjaman tanpa harus melalui proses yang rumit dan panjang seperti yang biasa terjadi di lembaga keuangan tradisional. Namun, di balik kemudahan ini, terdapat tantangan yang signifikan terkait penerapan prinsip utmost good faith dalam kontrak baku yang digunakan dalam transaksi. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan deskriptif-analitis untuk mengeksplorasi isu-isu yang muncul dalam praktik fintech lending, khususnya yang berkaitan dengan kontrak baku. Data yang dikumpulkan mencakup data sekunder, seperti peraturan perundang-undangan, literatur hukum, dan dokumen terkait yang relevan. Melalui analisis ini, ditemukan bahwa beberapa klausula dalam kontrak baku iGrow, seperti pengalihan risiko dan kurangnya transparansi, berpotensi merugikan lender. Klausula-klausula ini dapat menciptakan ketidakpuasan di kalangan lender dan menggugurkan prinsip keadilan dalam transaksi, yang seharusnya menjadi landasan dalam setiap perjanjian. Meskipun terdapat regulasi perlindungan hukum yang diatur dalam POJK Nomor 6/POJK.07/2022, yang mencakup mekanisme preventif dan represif, praktik yang tidak adil tetap bisa terjadi.
Accountability of Peer to Peer Lending Organizers to Lenders from a Responsibility Theory Perspective Indah Sari, Yuliana; Ratna Januarita; Rini Irianti Sundary
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.4023

Abstract

The presence of Peer To Peer Lending in Indonesia emerged in 2015 and became a solution for Borrowers with easy requirements without collateral. Although peer to peer lending provides convenience for borrowers (borrowers) on the other hand peer to peer lending has an impact or risk for lenders (borrowers) namely the non-return of loan funds that have been given (lenders) to borrowers through the Peer To Peer Lending organizer, the non-return of funds as agreed, is considered a default, so that the Organizer can be held for the incident. This research is a normative and descriptive analytical research using primary legal materials such as POJK Number: 77 / POJK.01 / 2016 concerning information technology-based money lending services, POJK Number 18 / POJK.07 / 2018 concerning Consumer Complaints Services in the Financial Services Sector, and POJK Number 31 / POJK.07 / 2020 concerning the Provision of Consumer and Community Services in the Financial Services Sector, and Hans Kelsen's theory of responsibility. The results of this study indicate that the Theory of Responsibility initiated by Hans Kelsen says that a person is legally responsible for a certain act or that he bears legal responsibility, the subject means that he is responsible for a sanction in terms of a separating act. Hans Kelsen stresses that there must be sanctions that can be applied, the implementation of Hans Kelsen's Theory of responsibility is not realized in this case, because civil sanctions in the form of compensation that should be given by the organizer to the lender are not given so that equality of action in law is not realized which should be the law can protect the injured and weak parties.
Co-Authors Ali, Syuhaeda Aeni Mat Andi Yudistira Asari Taufiqurrohman Azkiya Kamila Rosadi Bobby Irawan Budiyono Budiyono Edi Setiadi Efik Yusdiansyah Erlena, Erlena Hani Burhanudin Helana, Ricky Hilwati Hindersah Indah Sari, Yuliana Jaya, Belardo Prasetya Mega Jejen Hendar Khilda Ishmah Fauziyah M Faiz Mufidi Maharani, Dwi Gita Miftahadi, Machmuddin Fitra Mohamad Satori Muhammad Aldiansyah Wibisono Muhammad Fadhilah Sutara Muhammad Juniardi Putra Nandang Sambas Neni Sri Imaniyati Panji Adam Agus Putra Pupung Purnamasari Rasyifa Syahla Ratih Septri Anisa Razaqa Dhafin Zumirrqof Rifdah Gaisa Firyal Rimsyahtono Rimsyahtono Rimsyahtono Rini Irianti Sundary Riza Hernawati Rizkiyadi Darmowiyoto Rully Syahrul Mucharom, Rully Syahrul Sri Ratna Suminar Suhada, Ahmad Syauqi Suriaamadja, Toto Tohir Tatty A Ramli Tsalitsa Nur AFifah Vinda Maharani Patricia Yenni Yunithawati Rukmana Yeti Sumiyati Yoghi Arief Susanto