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All Journal Unram Law Review Hasanuddin Law Review Indonesian Mining Journal Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat Jurnal Meta-Yuridis Jurnal Ilmiah Penegakan Hukum Alauddin Law Development Journal (ALDEV) LEGAL BRIEF STAATSRECHT: Indonesian Constitutional Law Journal Indonesia Law Review (ILREV) Indonesian Notary Journal of Central Banking Law and Institutions Jurnal Hukum dan Pembangunan Indonesian Mining Journal Jurnal Legislasi Indonesia
Dian Puji Simatupang
Fakultas Hukum Universitas Indonesia
Religion Humanities Chemical Engineering, Chemistry & Bioengineering Chemistry Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Social Sciences Other

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Journal : Hasanuddin Law Review

 1 
Legal Reforms in Indonesia’s Financial Sector on Institutional Relations between Bank Indonesia and the Government Wardhono, R. Dwi Tjahja K.; Simatupang, Dian Puji Nugraha; Shalehanti, Nadhia
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5438

Abstract

Legal reform in the financial sector has an important role to play in preparing Indonesia a Golden Indonesia in 2045. The financial sector is very important strategic in the development and welfare Indonesia, supporting its sustainable economic development. Strengthening institutional functions and tasks as well as coordination among ministries and institutions, in this case between the central bank and the government, are essential in order to increase financial system resilience and economic growth. This study analyses financial sector legal reforms that impact institutional relations between central banks and governments by conducting comparative studies of the United States, Japan, Australia, and Thailand. This research also has been updated to present the implications of legal reform in the financial sector on Bank Indonesia's expanding duties and authorities to support a sustainable economy through the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. The results of this study show that with the legal reform in the financial sector, there is a new perspective related to Bank Indonesia's independence, which has been adjusted through the adoption of a policy mix prioritising monetary policy. Fiscal authority does not become superior but accommodative as long as it does not conflict with monetary policy interests. The institutional relationship between Bank Indonesia and the government using a policy mix pattern that emphasizes aspects of monetary policy harmonization based on other policy paradigms that are in line with safeguarding broader economic interests.
Legal Reforms in Indonesia’s Financial Sector on Institutional Relations between Bank Indonesia and the Government Wardhono, R. Dwi Tjahja K.; Simatupang, Dian Puji Nugraha; Shalehanti, Nadhia
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5438

Abstract

Legal reform in the financial sector has an important role to play in preparing Indonesia a Golden Indonesia in 2045. The financial sector is very important strategic in the development and welfare Indonesia, supporting its sustainable economic development. Strengthening institutional functions and tasks as well as coordination among ministries and institutions, in this case between the central bank and the government, are essential in order to increase financial system resilience and economic growth. This study analyses financial sector legal reforms that impact institutional relations between central banks and governments by conducting comparative studies of the United States, Japan, Australia, and Thailand. This research also has been updated to present the implications of legal reform in the financial sector on Bank Indonesia's expanding duties and authorities to support a sustainable economy through the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. The results of this study show that with the legal reform in the financial sector, there is a new perspective related to Bank Indonesia's independence, which has been adjusted through the adoption of a policy mix prioritising monetary policy. Fiscal authority does not become superior but accommodative as long as it does not conflict with monetary policy interests. The institutional relationship between Bank Indonesia and the government using a policy mix pattern that emphasizes aspects of monetary policy harmonization based on other policy paradigms that are in line with safeguarding broader economic interests.
Beyond Refusal or Acceptance: Reformulating Administrative Silence in Indonesia from a Comparative French Model Mas Bakar, Dian Utami; Anna Erliyana; Dian Puji N. Simatupang; Armand Desprairies
Hasanuddin Law Review VOLUME 12 ISSUE 1, APRIL 2026
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The administrative silence is constructed as a legal fiction that originated as a negative (silence as refusal) and has since developed into a positive (silence as acceptance). In European administrative law, no system operates exclusively based on one legal fiction. Both negative and positive fictions are employed with defined limitations, as in France. Conversely, in Indonesia, these fictions are considered conflicting and override each other due to complex regulations and undefined limitations, leading to ambiguity. Therefore, this article aims to reformulate the concept of administrative silence in Indonesia through a comparative doctrinal legal research approach. The findings proved that both fictions have distinct conceptual origins and should be applied in their respective contexts. Although as fiction, their implementation, particularly in cases of positive fiction, should reflect the principle of administrative law that a decision is an expression of “will.” Consequently, Indonesia should reformulate its approach by applying both fictions simultaneously with defined limitations, based on the decision type: declarative or constitutive, rather than treating them as a dichotomy. Ultimately, this article contributes to comparative administrative law by examining administrative silence in Indonesia through the relationship between negative fiction, positive fiction, and decision typology based on comparison with the French model.
Co-Authors Angelina, Noviyanti Anna Erliyana Annisa Intan Dwitanti Armand Desprairies Bernard Nainggolan, Bernard Blucer W. Rajagukguk Darien Aldiano Dian Utami Mas Bakar, Dian Utami Harjono, Dhaniswara Kwartantijono Hoyrinissa Mayra Mauarar Siahaan Muhardini, Retno Pasca Putri Quitrine Purba Pieter Everhardus Latumeten Primananda, Eko Ragil, Wukir Salma Isni Ramadhani Sem Sanjaya Shalehanti, Nadhia Sjahboeddin, Buana Sylvia Amanda Wardah Aprilia Wardhono, Dwi Tjahja K. Wardhono, R. Dwi Tjahja K.