Claim Missing Document
Check
Articles

Found 4 Documents
Search
Journal : Journal Evidence Of Law

Legal Protection Of Investors In The Face Of Insider Trading Practices Prasetyo, Heny; Prasetyo, Dedy Ardian; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1088

Abstract

This research aims to analyse the legal protection of investors in the face of insider trading practices in the Indonesian capital market. Using the normative juridical method and analytical descriptive approach, this research examines the regulations governing the prohibition of insider trading in Law Number 8 of 1995 concerning the Capital Market, as well as the challenges in implementation and law enforcement against the practice. The results show that although the regulation on insider trading has been clearly regulated, its implementation still faces obstacles in terms of proving transactions and effective supervision. The Financial Services Authority (OJK) has sufficient authority to deal with this, but limited resources and technology utilisation in supervision are the main obstacles. This study recommends increasing supervisory capacity, updating evidentiary-related regulations, and utilising advanced technology to accelerate the detection and prevention of insider trading in the Indonesian capital market
Legal Reformulation of Ultra-Micro Financing as an Instrument for Strengthening the People's Economy in Indonesia Tambunan, Melpa; Prasetyo, Dedy Ardian; Patarawadee, Patarawadee
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1448

Abstract

Ultra Microfinance (UMi) is one of the inclusive strategies to encourage people's economic growth, especially for small businesses that have not been reached by the formal financial system. However, the implementation of this program still faces obstacles due to the lack of comprehensive and responsive legal regulations. This research aims to analyze the gap between legal norms and the practice of ultra-micro financing implementation in the field and offer an adaptive and equitable legal reformulation model. Using a juridical-normative and empirical approach, data was collected through a literature study, interviews with micro business actors, and focus group discussions (FGDs) with lending institutions and stakeholders. The results show that the lack of legal protection, regulatory incoherence, and low legal literacy of the community hinder the effectiveness of the UMi program. Therefore, regulatory reformulation is needed in the form of a master legal framework that includes clear legal substance, strong institutional structure, and participatory legal culture. This research offers a conceptual model of legal reformulation of ultra-micro financing based on the principles of distributive justice, financial inclusion, and legal responsiveness. The results are expected to provide conceptual and practical contributions in the development of financing law policies that favor the community and support inclusive and sustainable national economic development.
Corporate Human Rights Due Diligence in Transnational Business: Towards a Binding Normative Framework in International Private Law Cindya, Cindya; Prasetyo, Dedy Ardian; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1712

Abstract

The global expansion of transnational corporations has intensified concerns over human rights (HR) violations, including forced labor, environmental harm, and the displacement of local communities. Existing international instruments—such as the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Guidelines—remain non-binding and lack effective enforcement. While regional initiatives like the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) signal a transition toward binding obligations, their territorial scope limits broader applicability. This gap underscores the pressing need for normative frameworks that supersede voluntary standards. This study adopts a normative juridical methodology, analyzing international instruments, landmark cases (Kiobel v. Royal Dutch Petroleum and Chevron v. Ecuador), and comparative regulatory approaches. The findings demonstrate that private international law offers untapped potential to embed HR due diligence (HRDD) obligations within transnational business practices. Contractual mechanisms, choice of law clauses, and international arbitration can transform HRDD into binding legal commitments, complementing public international law while addressing jurisdictional and enforcement barriers. The novelty of this research lies in reframing private international law as a substantive tool for human rights enforcement. It advances the paradigm of “privatization of human rights accountability,” expanding the discourse on corporate accountability beyond the limits of public law. Practically, the study contributes actionable models for regulators and corporations to integrate HRDD into global supply chains, thereby strengthening both human rights protection and sustainable corporate governance
Reclaiming Justice: International Legal Dimensions of Land Reclamation on Human Rights, Sovereignty, and Environmental Equity Kartini, Riska; Prasetyo, Dedy Ardian; Rattanapun, Supot
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1735

Abstract

Land reclamation has emerged as a global practice that extends far beyond technical infrastructure development, positioning itself at the crossroads of human rights, state sovereignty, and environmental justice. Despite the proliferation of studies addressing its ecological and economic impacts, a notable gap remains in scholarship that systematically integrates these three international legal dimensions. This study aims to address that gap by situating reclamation within the framework of international law, critically examining its normative implications. Employing a normative, juridical, and qualitative approach, the research relies on primary legal sources, including UNCLOS 1982, ICCPR 1966, ICESCR 1966, and key environmental declarations, complemented by case law from the ICJ and PCA. Secondary sources were collected through a comprehensive literature review across international databases and reports from global institutions. Data analysis was conducted through a hermeneutic interpretation of legal texts and a comparative examination of state practice. Findings reveal that reclamation often undermines the right to livelihood and a healthy environment, challenges the integrity of sovereignty when used to justify territorial expansion, and exacerbates ecological injustice by privileging elite interests over vulnerable communities. These results underscore the interdependence of rights, sovereignty, and environmental sustainability, suggesting the need for integrative normative frameworks. The study contributes to academic discourse by bridging fragmented literatures while offering practical guidance for policymakers. It highlights the urgency of embedding human rights impact assessments within environmental evaluations and strengthening regional consultative mechanisms to align reclamation practices with global legal norms