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Review of Legal Compliance of Funding Models and Pivoting Events of Indonesian Digital Start-ups Normalita Destyarini; Darminto Hartono Paulus; Ariesta Wibisono Anditya
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.542-561

Abstract

The existence of digital start-up growth in the existence of digital start-ups that are still looking for a business model so that it can be possible to make changes to the business model in the acceleration process, this affects the funding agreement made by the accelerator. So it is necessary to know the funding scheme for the establishment of digital start-ups and the impact of changing business models on investment contracts. The purpose of this paper is to determine the legal relationship of accelerators, in this case venture capital, to digital start-up in Indonesia, funding schemes and the legal consequences of changing business models by digital start-ups. The research method used is normative juridical, the research specification used is descriptive-analytical. The results showed that funding by Venture capital using convertible notes instrument, against investment contracts if digital start-ups do pivot. It is concluded from the results of the research that the implementation of funding by Ventures Capital will re-do the agreement with the assessment indikator. The implementation is carried out based on the Law of BUMN the Law of Limited Liability Company, the Law of Investment and the Venture capital Head Company Articles of Association.
Knitting Democracy, Separating Restraints: Legal Reform and a Critical Analysis of Article 256 of the New Criminal Code and its Impact on Freedom of Speech Zico Junius Fernando; Kiki Kristanto; Ariesta Wibisono Anditya
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1670

Abstract

In Indonesia's democratic landscape, the presence of Article 256 of the Criminal Code has become a crucial point in discussions on freedom of expression and human rights. This article, with its criminal provisions for demonstration organisers who do not give prior notice to the authorities, poses a significant dilemma. The threat of imprisonment for up to six months and/or a maximum fine of Rp10 million raises deep questions about the space given to citizens to express their opinions in public spaces. This research uses normative legal research methods using statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analysed using the content analysis method. This research conducts an in-depth exploration of the implications of Article 256 of the current Criminal Code, which threatens criminal sanctions for organisers of unannounced demonstrations. This research investigates how this regulation has the potential to curb individual freedom of expression in public spaces, as well as its impact on the quality of democracy and the maintenance of human rights in Indonesia. The findings of this research confirm that Article 256 of the Criminal Code is a step backward in democratic practice and jeopardises freedom of expression. The research underscores the urgency of revising this regulation to ensure that the right to express opinions in public, as mandated by Law No. 9 of 1998, is protected as a key element in democracy and human rights. This reflects the importance of maintaining public space as an arena for free discussion and criticism, which is at the core of a healthy democratic system.
Money Laundering in Terrorism Financing: Transnational Crime Context Desia Rakhma Banjarani; Taufani Yunithia Putri; Ricco Andreas; Mona Ervita; Dhafina Marsyah Tahirah; Ariesta Wibisono Anditya
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p03

Abstract

Even though currently many have set various policies to prevent and eradicate money laundering and terrorism, in reality these two criminal acts still occur frequently. This research wants to take a deeper look at the crime of money laundering in terrorism financing based on a review of transnational crime. The aims of this research, namely to analyze money laundering and terrorism financing involved in transnational crime and to identify  money laundering law enforced in terrorism financing. This research is normative legal research that uses a statutory approach. The purpose of this research is to find intersection between money laundering and terrorism financing involved in transnational crime and to analyses money laundering law enforced in terrorism financing. The result of this research is the intersection between money laundering and terrorism lies in their mutual violation of law and potential to cause widespread harm is an act that violates the law and harms many people. Terrorism and other criminal acts related to terrorism are a form of transnational organized crime, because they involve complex international networks. Various efforts to eradicate money laundering, especially at the international level related to terrorism, were carried out by member countries of the Organization for Economic Co-operation and Development (OECD).
Money Laundering in Terrorism Financing: Transnational Crime Context Desia Rakhma Banjarani; Taufani Yunithia Putri; Ricco Andreas; Mona Ervita; Dhafina Marsyah Tahirah; Ariesta Wibisono Anditya
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p03

Abstract

Even though currently many have set various policies to prevent and eradicate money laundering and terrorism, in reality these two criminal acts still occur frequently. This research wants to take a deeper look at the crime of money laundering in terrorism financing based on a review of transnational crime. The aims of this research, namely to analyze money laundering and terrorism financing involved in transnational crime and to identify  money laundering law enforced in terrorism financing. This research is normative legal research that uses a statutory approach. The purpose of this research is to find intersection between money laundering and terrorism financing involved in transnational crime and to analyses money laundering law enforced in terrorism financing. The result of this research is the intersection between money laundering and terrorism lies in their mutual violation of law and potential to cause widespread harm is an act that violates the law and harms many people. Terrorism and other criminal acts related to terrorism are a form of transnational organized crime, because they involve complex international networks. Various efforts to eradicate money laundering, especially at the international level related to terrorism, were carried out by member countries of the Organization for Economic Co-operation and Development (OECD).
Greenwashing as a Crime and the Urgency of Redesigning the Environmental Criminal Law Paradigm Zico Junius Fernando; Wevy Efticha Sary; Ahmad Wali; Ariesta Wibisono Anditya
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53693

Abstract

Greenwashing, a deceptive practice wherein corporations falsely present their products, services, or policies as environmentally friendly, has emerged as a serious threat to environmental protection and consumer trust in the era of sustainable development. This paper argues that greenwashing should be recognised not merely as an ethical or regulatory violation but as a criminal offence within the framework of environmental criminal law. Through a normative-juridical approach combined with a comparative analysis of legal frameworks in various jurisdictions, this study explores the limitations of current civil and administrative sanctions in deterring greenwashing practices. The analysis reveals that the absence of criminal liability has allowed corporations to manipulate sustainability narratives without facing substantial legal consequences. By examining the socio-legal harms of greenwashing, including environmental degradation, market distortion, and erosion of public confidence, this paper advocates for a paradigm shift in environmental law enforcement. It proposes the integration of greenwashing as a distinct criminal act under environmental law, emphasising principles such as strict liability, corporate criminal responsibility, and the need for restorative justice mechanisms. The study concludes with policy recommendations for legal reform that align with the principles of ecological justice and sustainable governance, reinforcing the urgency to criminalise greenwashing as part of a broader effort to protect both the environment and the rights of consumers.
Co-Authors Adlia Nur Zhafarina Ahmad Fauzi Ahmad Rayhan Ahmad Wali Ali, Muhammad Ghoffar Amalia, Regita Wienda Anak Agung Istri Agung Vidya Berliana Berliana Andi Redani Suryanata Anisah Karim Antari, Putu Eva Ditayani Anwar, M. Ian Hidayat Arie Kartika Arsawati, Ni Nyoman Juwita Arvita Hastarini Arya Dewangkara Barora, Siti Baskara, Agri Beniharmoni Harefa Darminto Hartono Paulus Desia Rakhma Banjarani Dhafina Marsyah Tahirah Dikha Anugrah Dinda Anissa Ramadani Edi Setiadi Eko Ramdani Elza Qorina Pangestika Fadhil, Moh. Fadli, Moh Ferina Ardhi Cahyani Fernando, Zico Junius Hartati, Sawitri Yuli Heryadi, Adi Humana, Sri Iwan Permadi Jastisia, Mentari Jaya, Belardo Prasetya Mega Kiki Kristanto Koeswahyono, Imam Kristanto, Kiki Laili Nur Anisah Levia Tri Mustika Dewi Maharani, Asari Suci Mahmud Mulyadi Manurung, Juwita Maulida Dwi Damayanti Misran Wahyudi Mohamad Noor Fajar Al Arif Fitriana Mona Ervita Mudiparwanto, Wahyu Adi Muhammad Ghoffar Ali Muhammad Hatta Mumpuni, Niken Wahyuning Retno Nandang Sambas Naufal El Qolbi N A Ni Luh Novi Astawati Normalita Destyarini Nur Anisah, Laili Nuraini, Paundri Sekar Panca Sarjana Putra Pengleang, RE Putra, Panca Sarjana Rahman, Yogi Muhammad Rahmawati, Diah Suci Ran, Duan Yan Ricco Andreas Ridwan, Ridwan Rizki Wahyuning Damayanti Sary, Wevy Efticha Sawitri, Kiki Novita setyawan, vincentius patria Suwari Akhmaddhian Taufani Yunithia Putri Vincentius Patria Setyawan Wali, Ahmad Wevy Efticha Sary Widiartana, Gregorius Wina Driyan Pradana Wina Driyan Pradana Wina Driyan Pradana Wirawan, Vani Zico Junius Fernando