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All Journal Pandecta Yustisia Lentera Hukum DiH : Jurnal Ilmu Hukum Veritas et Justitia Jurnal Media Hukum Jurnal Manajemen Pelayanan Publik Unram Law Review Jurnal Bina Mulia Hukum DE LEGA LATA: Jurnal Ilmu Hukum Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Udayana Journal of Law and Culture Jurnal Hukum Magnum Opus Kumawula: Jurnal Pengabdian Kepada Masyarakat Journal of Law and Policy Transformation KRTHA BHAYANGKARA Majalah Hukum Nasional Uti Possidetis: Journal of International Law Jurnal Poros Hukum Padjadjaran Indonesian Journal of International Law Jurnal Locus Penelitian dan Pengabdian Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Community: Jurnal Pengabdian Kepada Masyarakat Transnational Business Law Journal Kanun: Jurnal Ilmu Hukum Jurnal Hukum & Pembangunan Journal of Infrastructure Policy and Management (JIPM)
Prita Amalia, Prita
Fakultas Hukum, Universitas Padjadjaran
Religion Aerospace Engineering Arts Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Transportation Other

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Legal Status of Legal Entity State Universities regarding the Implementation of Public-Private Partnership Laksono, Wahyu Agung; Amalia, Prita; Nurzaman, R. Adi
Jurnal Manajemen Pelayanan Publik Vol 9, No 1 (2025): Jurnal Manajemen Pelayanan Publik
Publisher : Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jmpp.v9i1.56868

Abstract

The presidential regulation provides a policy that provides a regulatory basis for government cooperation with business entities, including cooperation carried out by state universities as legal entities. However, the position of state universities as legal entities has characteristics as determined by the Law on Higher Education, so that there are legal problems related to the legal position of state universities as legal entities in implementing government cooperation with business entities and the absence of government support for state universities as legal entities for implementing government cooperation with business entities. The research method uses a normative legal research method that focuses on library data using the legal interpretation analysis method with analytical descriptive presentation. The results of the study indicate that state universities as legal entities are required to consider management independence, funding sources, development planning, funding concepts, and delegation of authority in terms of obtaining legal standing for implementing government cooperation with business entities. State universities as legal entities also need to get support from the Ministry of Education, Culture, Research and Technology as a government institution that oversees state universities as legal entities through the preparation of regulations on implementing government cooperation with business entities within the Ministry of Education, Culture, Research and Technology.
International Interim Awards Enforcement under the Indonesian Arbitration Law and UNCITRAL Model Law Labib Wajdi, Muhammad; Adolf, Huala; Amalia, Prita
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.536

Abstract

The Indonesian umbrella regulation for arbitration, Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, is silent regarding the enforcement of interim awards which creates uncertainty of law. This is in contrast to the arbitration-friendly regulations stemming from the UNCITRAL Model Law that are found in Asia’s leading arbitral seats such as Hong Kong and Singapore. Presently, there is a growing demand for seats to adopt a mechanism for enforcing interim awards in international arbitration, as the absence of such enforcement undermines the efficacy of an effective justice system in transnational trade. Therefore, an analysis is needed to review the enforcement of interim awards under the Indonesian arbitration law and how it compares to the UNCITRAL Model Law, the Hong Kong Arbitration Ordinance, and the Singapore International Arbitration Act. Through the research, we found that there is a discrepancy both in the existence of an enforcement mechanism for interim awards and in the consistency between the law and practice in Indonesia, Hong Kong, and Singapore. In order for Indonesia to enhance its appeal as an arbitral seat, the uncertainty regarding the enforcement of interim awards must be remedied.
The User’s Position as Personal Data Controller in the Utilization of Electronic Systems in the Form of Messaging Applications in Review of Law Number 27 of 2022 concerning Personal Data Protection Jonathan Matthew; Sinta Dewi Rosadi; Amalia, Prita
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1682

Abstract

In its development, privacy as the right to be let alone and privacy right has now been recognized and regulated more comprehensively and specifically in Law Number 27 of 2022 on Personal Data Protection (UU PDP), along with the increasing use of messaging applications as a digital communication medium by the public. In its general use, there is a flow of information, transmitted by and between users, which can be in the form of electronic documents and often simultaneously can contain personal data (privacy). In the transmission of information flows involving personal data, it can be seen that there are users who collect and process personal data (recipients of personal data), and there are users who are interlocutors, who also send personal data to recipients (senders of personal data). This research is conducted using normative juridical method and will discuss the position of the user of the messenger application as the controller of personal data in the utilization of the messenger application and its legal consequences according to the PDP Law. From the results of the research, it can be seen that the user of a messaging application who collects and processes personal data (recipient of personal data) of their interlocutor can act as a personal data controller in the context of the PDP Law, if the user manages personal data and determines the reasons (why and how) for the management. The legal consequences that arise include the regulatory provisions in the PDP Law, especially those relating to the obligations of personal data controllers, which apply to users in their position as personal data controllers, as well as legal liability in the event of unlawful acts against personal data.
Joint Interpretative Statements Of Investment Agreements: An Overview Of The Practice Velly, Nicholas; Adolf, Huala; Amalia, Prita
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.1960

Abstract

This article examines the role and practice of joint interpretative statements in investor state arbitration practices through a normative and comparative juridical analysis of arbitration cases, including NAFTA, EU, and other Cases. These joint interpretative statements clarify treaty ambiguities, align tribunal decisions with state intent, and offer cost-efficient alternatives to treaty renegotiation. However, their effectiveness is hindered by debates over whether they constitute genuine interpretations or disguised amendments, particularly when applied retroactively. Tribunals exhibit inconsistent acceptance, as seen in Pope & Talbot v. Canada, which resisted mid-dispute interpretations, and Methanex v. United States, which deferred to state intent under the VCLT. Regional shifts, such as the EU’s termination of intra-EU BITs, further complicate their application. The study argues that joint interpretations are still possible at helping state achieve interpretation in line with the treaty intent but require explicit treaty provisions on retroactivity, binding authority, and procedural triggers to enhance predictability. Balancing state sovereignty with investor protections remains critical, as tribunals must respect VCLT-guided state interpretations while safeguarding against arbitrary state overreach. The findings advocate hybrid mechanisms, such as multilateral advisory bodies, to harmonize interpretive practices and align ISDS with evolving global investment norms, emphasizing clarity in drafting and sustained dialogue between states and tribunals.
Reformulating the Definition of International Arbitral Awards in Indonesia: Responding to Constitutional Court Decision No. 100/2024 and a Comparative Analysis with the Regulation of International Arbitration in Other Countries Purba, Tesalonika Putri Pinuram Rambe; Amalia, Prita; Trisnamansyah, Purnama
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2220

Abstract

This article discusses the urgency of reformulating the Definition of International Arbitration Awards as a legal implication following the Constitutional Court Decision No. 100/PUU-XXII/2024 on the implementation of international arbitration awards in Indonesia. The removal of the phrase "deemed" from Article 1 number (9) of the AAPS Law marks a shift towards a more assertive territorial approach in determining the international status of an arbitration award. Although this step strengthens legal certainty, there are still serious challenges related to the unclear concept of "place of arbitration" in the AAPS Law and the absence of explicit parameters to define the elements of international arbitration. Through normative legal methods and comparative studies of arbitration practices in countries such as Singapore, Australia, England, Hong Kong, and France, this article suggests a more comprehensive reformulation of the definition of international arbitration. This reformulation needs to include clear legal boundaries, a distinction between national and international arbitration, and a more structured execution mechanism to support a modern and pro-investment arbitration system in Indonesia.
Analisis Dampak Ekonomi dan Sosial Pembangunan Infrastruktur di Indonesia Amalia, Prita; Suprayogi, Yogi; Azis, Yudi; Hermawan, Wawan; Pamungkas, Eksa; Nurzaman, Adi; Priyono, Anhar Fauzan
Journal of Infrastructure Policy and Management (JIPM) Vol. 4 No. 1 (2021): Journal of Infrastructure Policy and Management (JIPM)
Publisher : PT Penjaminan Infrastruktur Indonesia (Persero)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35166/jipm.401.0015

Abstract

Infrastructure projects are expected to deliver positive economic and social impact to the community. However, the model to analyze the economic and social impact is still limited. Therefore, this study aims to develop an economic and social impact model to be used for study the impact of infrastructure projects. The research focuses on several case studies of infrastructure projects which guaranteed by Indonesia Infrastructure Guarantee Fund (IIGF) both PPP (Public-Private-Partnership) Scheme and non-PPP Scheme on telco, water, tourism Sector. These sectors are believed to represented the major infrastructure development that cover both local, national, and international perspectives. The analytical method used to measure economic impacts from infrastructure development is a quantitative approach by using following attributes: Sectoral Economic Analysis, Potential Economic Analysis, Growth Accounting, Input-Output Table Analysis, and Statistical Forecasting. While, to analyse the social impact of infrastructure development, quantitative and qualitative approaches are used by In-depth Interview through questionnaire filling technique and Social Impact Assessment (SIA) method. In addition, this study also used legal approach method. The results show various economic impacts of project investment development, both in terms of potential and realization. Meanwhile, in terms of social impacts, there are various community responses to the realization of project development.
Multinational Corporation’s Investments made through its Subsidiary under The Latest Generation of Investment Treaties Amalia, Prita; Makmun, M. Lazuardy Thariq
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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

Abstract

Multinational Corporation (MNC) influence and contribution in the world’s economic development, particularly in the realm of international investment is vast and inevitable. The way MNC utilizes its subsidiaries however, has posed an issue for host States specifically in relation with the serial of ISDS claims which is faced by host States. Where the structure of MNC’s investment enables them to go ‘treaty-shopping’. It is understood that there is a causality between the broad definition of investment and investor contained in the older generation of BITs toward these series of claims. It is also more often than not, in the case of an investment that was made through a subsidiary company, arbitral tribunals will accept such investment as an investment that is protected under the relevant BIT due to how investment and investor are defined. Consequently, it has put a considerable amount of concern to host States and in response, States are now starting to move forward to a new generation of BITs with a hope that it could give more clarity and certainty compared to the previous generation of BITs, particularly in regard with the definition of investment and investor. Questions arise on whether it really brings more clarity and certainty in terms of an investment that was made through a subsidiary? This article will analyze the impact of the newly tailored definition clause under the latest generation of BITs toward an investment that is conducted through a subsidiary including the legal standing of the investor therein.
The Dispute Board as an Alternative Dispute Resolution Mechanism In Public -Private Partnership (PPP) Projects in Indonesia Desliana Maharani Nur Fitri; Prita Amalia
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3083

Abstract

PPP is an instrument in the provision of infrastructure in Indonesia to close the state financing gap and increase private participation. However, the character of PPP as a risk-based long-term contract makes this project vulnerable to disputes originating from various aspects. Based on Presidential Regulation Number 38 of 2015, the settlement of PPP disputes is carried out in stages through consensus deliberation, mediation, and arbitration or court. These mechanisms are often considered less effective because they take a long time, are high in cost, and have the potential to disrupt the sustainability of projects and the certainty of public services. This study aims to analyze the potential for disputes in PPP projects in Indonesia and examine dispute boards as an alternative dispute resolution method that is effective and preventive. The research method used is normative juridical with legislative, conceptual, comparative, and case study approaches, through the analysis of the national legal framework and comparison of dispute board practices in the United States and Australia. The results of the study show that the dispute board functions as a dispute prevention mechanism through continuous monitoring of the project from the beginning of the contract. Although it is well known in the construction services sector, there is no specific dispute board arrangement in the PPP regime in Indonesia. Thus, this study emphasizes the urgency of strengthening dispute board regulations within the framework of PPP to increase legal certainty, maintain long-term contract stability, and create a conducive investment climate. Keywords: PPP, Dispute board, Dispute Resolution
Assessing DANANTARA's Alignment with the Santiago Principles: Indonesia's Sovereign Wealth Fund Legal Regime in Comparative Perspective Dharmma Justitio Hermawan; Prita Amalia; Purnama Trisnamansyah
Unram Law Review Vol 10 No 1 (2026): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v10i1.479

Abstract

This article examines the alignment of Indonesia’s newly established sovereign wealth fund, Daya Anagata Nusantara (Danantara), with the Santiago Principles on the global best-practice standards for sovereign wealth funds (SWFs). Danantara was created by Law No. 1 of 2025 (Third Amendment to the SOE Law) and subsequently governed under Law No. 16 of 2025 (Fourth Amendment) as a transformative vehicle to manage key state-owned assets, raising questions about its governance, transparency, and adherence to international norms. This study situates Danantara’s legal and institutional framework against the Santiago Principles’ guidelines, analyzing convergences, gaps, and challenges. It first clarifies the Santiago Principles’ content, legal status as soft law, and persuasive force in guiding SWF behavior globally. It then details Indonesia’s SWF architecture post-2025, highlighting Danantara’s objectives, structure, and regulatory provisions. The core analysis compares Danantara’s governance and operations with Santiago Principle benchmarks, revealing areas of harmony (such as a clear legal basis and objectives) and divergence (notably in independent oversight and transparency). A comparative discussion draws lessons from renowned SWFs: Temasek (Singapore) and Norway’s Government Pension Fund Global (GPFG) to contextualize Danantara’s approach. The article finds that while Danantara’s establishment represents a bold shift aligning in part with global best practices, critical improvements are needed to fully realize the Santiago Principles, especially in insulating the fund from political influence and enhancing accountability. The conclusion offers recommendations for strengthening Danantara’s governance and suggests that harmonizing with the Santiago Principles is vital for building credibility, attracting investment, and ensuring the fund’s long-term success.
Implementation Regionalization Principle Based on Sanitary and Phytosanitary (SPS) Agreement According to Vienna Convention on the Law of Treaties (1969) Manalu, Velicia Theoartha; Rosadi, Sinta Dewi; Amalia, Prita
Yustisia Vol 10, No 2: August 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i2.44710

Abstract

The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO)  to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease
Co-Authors AA Agustia Sinta Dewi Adi Nurzaman Adiza, Salza Fadila Afifah Zakiyatul Aulia Ahmad Farhan Baihaqqi Akbar, Amrul An An Chandrawulan An An Chandrawulan An An Chandrawulan Anhar Fauzan Priyono Anindita, Sashia Diandra Anindya Saraswati Ardiwinata Annisa Rami Rivani Israwan Astuti, Violi Maulidya Charlieans Ning Aziz, Wahyu Rizkika Belaputri, Addyana Chandrawulan, An-An, Prof. Damos Dumoli Agusman Dandrivanto Budhijanto Danrivanto Budhijanto Defrina Chalista Mumpuni Desliana Maharani Nur Fitri Dewanto, Jagad Putra Dewi Kania Sugiharti Dharmma Justitio Hermawan Dwi Linna Suswardany Erlien Erlien Aunina Linggar Aji Faradina, Tazky Aulia Fatimah Ibtisam Fery Irawan Garry Gumelar Pratama Hanan Aliya Putri Hayati, Aisyah Nur Helitha Novianty Muchtar Helitha Novianty Muchtar Huala Adolf Ida Bagus Mahawira Nawagani Inzaghi, Rafly Nauval IRAWAN, FERY Isis Ikhwansyah Isis Ikhwansyah Jessica Leonard Jonathan Matthew Jovanka Lingkanaya Kanris, Jesslyn Karami, Ahmad Adib Kurdi Kurdi Labib Wajdi, Muhammad Laksono, Wahyu Agung Leonard, Jessica Lingkanaya, Jovanka Makmun, M. Lazuardy Thariq Manalu, Velicia Theoartha Maulanisa, Hasna Fitri Nurzaman, Adi Nurzaman, R. Adi Owen, Patrick Pamungkas, Eksa Pamungkas, Eksa Pandu Rizky Putra Pratama Pupung Faisal Puput Mardiani Purba, Tesalonika Putri Pinuram Rambe Purnama Trisnamansyah Putri, Hanan Aliya Putri, Resha Roshana Qolby, Fatihatul Ramadhan, Ana Noviana Sashia Diandra Anindita Sinta Dewi Sinta Dewi Rosadi Suhendra, Hartono Syukri Syukri Taufik Rachmat Nugraha Velani Prastika Diyanto Velicia Theoartha Manalu Velly, Nicholas Vida Azaria Wahyu Agung Laksono Wangsit Restu Adi Guritno Wardhana, Yuki Mahardhito Adhitya Wawan Hermawan Wawan Hermawan Yogi Suprayogi Yogi Suprayogi Sugandi Yudi Azis