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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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no2.3061DETERMINASI KEUANGAN NEGARA GUNA MEWUJUDKAN KEADILAN SOSIAL (SOCIAL EQUITY) BAGI SELURUHRAKYAT INDONESIA Simatupang, Dian Puji Nugraha
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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

Abstract

State finances in Indonesia is not totally determined by the social equity factor because they tend to be determined by the leadership of the government, so the meaning of state finances in order to realize the goals of the state is very dependent on the model and typical of the President as the holder of the highest state financial management in Indonesia.Such conditions cause state finances to be planned,budgeted, and accounted for with models and mechanisms in accordance with the Presidents management concept, and not on the concept of realizing the goals of the state to achieve social justice. This paper describes the strategic aspects of the paradigmatic state finance policy and state financial policy during the leadership of the Indonesian government, as well as the need toreform the state finance law in Indonesia that supports the realization of thepurposes of the state.
CRISIS, HAZARD, AND DISASTER MANAGEMENT: A STUDY OF REGULATORY FORMULATION AND INSTITUTIONAL COORDINATION Wardhono, Dwi Tjahja K.; Muhardini, Retno; Shalehanti, Nadhia; Simatupang, Dian Puji Nugraha
Journal of Central Banking Law and Institutions Vol. 2 No. 3 (2023)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v2i3.193

Abstract

Management crises, hazards, and disasters should be carried out with an integrated and patterned approach through the formulation of clear regulations and efficient coordination of disaster management institutions. Both will provide effective management in responding to crises, averting hazards, and managing disasters that have the potential to occur across various countries. In developed countries where regulations are well structured, using mitigation protocols, all parties have understood their duties, functions, and responsibilitiesin dealing with these risks. However, in countries where unstructured regulation is unstructured, there are complexities and multiple interpretations of regulations and there are intersections of institutional authority, which creates vulnerabilities in dealing with risk. This study concludes the importance of an integrated risk mitigation system, both in terms of rules and regulatory formulation as well as coordination of institutions in one container. In addition to these factors, economic, sociological, and demographic characteristics in a country are also structural conditions that determine the optimal implementation of regulations and institutional coordination.
Keberlakuan dan Penerapan Undang-Undang Nomor 1 Tahun 2022 tentang Hukum Keuangan Pemerintah Pusat dan Pemerintahan Daerah sebagai Upaya Perwujudan Pemerataan Kesejahteraan Rakyat Angelina, Noviyanti; Puji Simatupang, Dian
Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v5i2.37440

Abstract

Since Law Number 1 of 2022 has existed in society, it has provided a number of implications including in the implementation of regional autonomy and decentralization. The scope of law reform which covers taxes and levies, management of transfers to the regions, management of regional expenditures, granting authority to carry out regional financing, and implementation of national fiscal policy synergies are considered as a step forward in carrying out reforms regarding central and regional financial relations. However, the enactment of this law is considered by several parties to be able to narrow the space for Regional Governments in implementing regional autonomy and decentralization. This article will see whether its existence has an impact and influence on the implementation of regional autonomy.
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.
PEMERIKSAAN TERHADAP PAJAK SEBAGAI BAGIAN DARI RUANG LINGKUP KEUANGAN NEGARA MENURUT TEORI HUKUM KEUANGAN PUBLIK TAX EXAMINATION AS A PART OF FINANCIAL STATE BASED ON THE PUBLIC FINANCE THEORY Simatupang, Dian Puji N.
Jurnal Legislasi Indonesia Vol 8, No 1 (2011): Jurnal Legislasi Indonesia - Maret 2011
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v8i1.348

Abstract

Audit for tax governance in Indonesia relating with self assesment system. BadanPemeriksa Keuangan (BPK) as the major duties of finansial audit institution can notsupervise and inspect to tax governance because as well as administration area.Furthemore, supervision tax governance as a authority by Finance Ministry and BadanPengawasan Keuangan dan Pembangunan (BPKP). But, for tax policy and rules orregulation strategies, BPK have a powerfull authority.
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.
REGULASI PENINGKATAN NILAI TAMBAH NIKEL DAN PELUANG SERTA TANTANGAN BISNIS PERTAMBANGAN MINERAL DI INDONESIA Sjahboeddin, Buana; Harjono, Dhaniswara Kwartantijono; Nainggolan, Bernard; Simatupang, Dian Puji
Indonesian Mining Journal Vol 28 No 2 (2025): Indonesian Mining Journal, October 2025
Publisher : Balai Besar Pengujian Mineral dan Batubara tekMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30556/imj.Vol28.No2.2025.1695

Abstract

This study provides a doctrinal examination of Indonesia’s legal framework regulating the increase of added value in nickel mining, with a particular focus on the coherence and enforceability of downstream mineral regulations. Employing a normative legal method combining statutory, conceptual, and analytical approaches, the research assesses the alignment between primary legislation—Law No. 4 of 2009 on Mineral and Coal Mining, as amended by Law No. 3 of 2020 and most recently by Law No. 2 of 2025—and its derivative instruments, including Government Regulation No. 23 of 2010 and successive ministerial regulations. Secondary legal materials, official government reports, international publications, and documented statistical data on nickel production and exports are examined to evaluate the extent to which the regulatory framework promotes domestic processing, legal certainty, and sustainable management of natural resources in accordance with the constitutional mandate of Article 33 of the 1945 Constitution. The findings indicate that regulatory interventions have substantively expanded domestic processing capacity and generated downstream investment, reaching approximately USD 5.03 billion, while increasing Indonesia’s nickel export value from USD 1.3 billion in 2021 to USD 6.8 billion in 2023. However, despite these economic outcomes, significant normative inconsistencies persist, including fragmented regulatory mandates, inadequate harmonization between central and sectoral regulations, and limited institutional capacity in licensing and supervision. These weaknesses manifest in ore–smelter imbalances, unequal distribution of benefits, and escalating environmental degradation, particularly deforestation, marine sedimentation, and heavy-metal contamination around mining areas. Such conditions reveal a structural discrepancy between the normative objectives of downstreaming and the principles of environmental protection, community rights, and sustainable governance mandated by Article 33 of the 1945 Constitution. This research contributes to the legal discourse by demonstrating that Indonesia’s nickel downstreaming framework remains predominantly instrumental and growth-oriented, lacking a coherent integration of environmental law, administrative accountability, and welfare-state obligations. Strengthening regulatory certainty requires harmonization of derivative regulations, binding environmental enforcement, and institutional safeguards to ensure equitable benefit distribution and long-term public welfare. These measures are crucial in operationalizing constitutional mandates and reinforcing the legitimacy of mineral governance in Indonesia.
REGULASI PENINGKATAN NILAI TAMBAH NIKEL DAN PELUANG SERTA TANTANGAN BISNIS PERTAMBANGAN MINERAL DI INDONESIA Sjahboeddin, Buana; Harjono, Dhaniswara Kwartantijono; Nainggolan, Bernard; Simatupang, Dian Puji
Indonesian Mining Journal Vol 28 No 2 (2025): Indonesian Mining Journal, October 2025
Publisher : Balai Besar Pengujian Mineral dan Batubara tekMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30556/imj.Vol28.No2.2025.1695

Abstract

This study provides a doctrinal examination of Indonesia’s legal framework regulating the increase of added value in nickel mining, with a particular focus on the coherence and enforceability of downstream mineral regulations. Employing a normative legal method combining statutory, conceptual, and analytical approaches, the research assesses the alignment between primary legislation—Law No. 4 of 2009 on Mineral and Coal Mining, as amended by Law No. 3 of 2020 and most recently by Law No. 2 of 2025—and its derivative instruments, including Government Regulation No. 23 of 2010 and successive ministerial regulations. Secondary legal materials, official government reports, international publications, and documented statistical data on nickel production and exports are examined to evaluate the extent to which the regulatory framework promotes domestic processing, legal certainty, and sustainable management of natural resources in accordance with the constitutional mandate of Article 33 of the 1945 Constitution. The findings indicate that regulatory interventions have substantively expanded domestic processing capacity and generated downstream investment, reaching approximately USD 5.03 billion, while increasing Indonesia’s nickel export value from USD 1.3 billion in 2021 to USD 6.8 billion in 2023. However, despite these economic outcomes, significant normative inconsistencies persist, including fragmented regulatory mandates, inadequate harmonization between central and sectoral regulations, and limited institutional capacity in licensing and supervision. These weaknesses manifest in ore–smelter imbalances, unequal distribution of benefits, and escalating environmental degradation, particularly deforestation, marine sedimentation, and heavy-metal contamination around mining areas. Such conditions reveal a structural discrepancy between the normative objectives of downstreaming and the principles of environmental protection, community rights, and sustainable governance mandated by Article 33 of the 1945 Constitution. This research contributes to the legal discourse by demonstrating that Indonesia’s nickel downstreaming framework remains predominantly instrumental and growth-oriented, lacking a coherent integration of environmental law, administrative accountability, and welfare-state obligations. Strengthening regulatory certainty requires harmonization of derivative regulations, binding environmental enforcement, and institutional safeguards to ensure equitable benefit distribution and long-term public welfare. These measures are crucial in operationalizing constitutional mandates and reinforcing the legitimacy of mineral governance in Indonesia.
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

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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.