Article Per Year (5 Year)
p-Index From 2020 - 2025
1.745
P-Index
This Author published in this journals
All Journal Brawijaya Law Journal : Journal of Legal Studies Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Business, Law, and Education International Journal of Business, Economics, and Social Development International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Indonesia Law Reform Journal (ILREJ)
Amelia Sri Kusuma Dewi, Amelia Sri Kusuma
Unknown Affiliation
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

Published : 11 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 11 Documents
Search

 1   2 
Optimal Design of Social Insurance Frameworks in National Health Insurance Murty, Theta; Sukarmi; Widyanti, Yenny Eta; Dewi, Amelia Sri Kusuma
Indonesia Law Reform Journal Vol. 4 No. 3 (2024): November, 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v4i3.36504

Abstract

The national health insurance program in Indonesia aims to ensure assurance, protection, and welfare for citizens in fulfilling their fundamental health requirements. The social insurance framework employed in the program's execution comprises four principles: the principle of cooperation, the principle of mandatory participation, the principle of income-based contribution determination, and the principle of non-profit orientation. After a decade of the program, numerous issues persist, including incomplete participation, prohibitively high contributions resulting in arrears, and suboptimal program benefits. This study establishes the optimal structure of social insurance systems inside national health insurance. The employed study method is normative, analyzing applicable laws and regulations, supplemented by a legislative and comparative approach to identify the optimal framework for social insurance regulation. By analyzing legal materials using descriptive-analysis, the study's main findings reveal that although JKN has enrolled over 91% of Indonesia’s population, it still faces significant challenges, including delayed premium payments by participants and difficulties in achieving Universal Health Coverage (UHC). Compared to Thailand and Taiwan, JKN has yet to meet the UHC standards recognized by the WHO. The analysis concludes that the four foundational principles of social insurance within the national health insurance framework are insufficient; therefore, an additional four principles are required to ensure certainty, protection, and benefits for program participants, which is essential for the realization of the National Social Security System Law's objectives. The optimal design of a social insurance framework should include the principles of mutual cooperation, mandatory participation, proportional contributions, and non-profit operations. Abstrak Program jaminan kesehatan nasional di Indonesia bertujuan untuk memastikan jaminan, perlindungan, dan kesejahteraan bagi warga negara dalam memenuhi kebutuhan dasar kesehatan mereka. Kerangka kerja asuransi sosial yang digunakan dalam pelaksanaan program ini terdiri dari empat prinsip: prinsip kerja sama, prinsip kepesertaan wajib, prinsip penentuan iuran berdasarkan pendapatan, dan prinsip orientasi nirlaba. Setelah satu dekade program ini berjalan, masih terdapat beberapa permasalahan yang dihadapi, termasuk kepesertaan yang tidak lengkap, iuran yang terlalu tinggi sehingga menimbulkan tunggakan, dan manfaat program yang tidak optimal. Penelitian ini bertujuan untuk menentukan struktur sistem asuransi sosial yang optimal di dalam jaminan kesehatan nasional. Metode penelitian yang digunakan adalah normatif, menganalisis peraturan perundang-undangan yang berlaku, dilengkapi dengan pendekatan legislatif dan komparatif untuk mengidentifikasi kerangka kerja yang optimal untuk regulasi asuransi sosial. Dengan menganalisis bahan hukum menggunakan deskriptif-analisis, temuan utama studi ini mengungkapkan bahwa meskipun JKN telah mencakup lebih dari 91% penduduk Indonesia, JKN masih menghadapi tantangan yang signifikan, termasuk keterlambatan pembayaran premi oleh peserta dan kesulitan dalam mencapai Cakupan Kesehatan Semesta (Universal Health Coverage/UHC). Dibandingkan dengan Thailand dan Taiwan, JKN belum memenuhi standar UHC yang diakui oleh WHO. Analisis ini menyimpulkan bahwa empat prinsip dasar asuransi sosial dalam kerangka jaminan kesehatan nasional tidak cukup; oleh karena itu, diperlukan empat prinsip tambahan untuk memastikan kepastian, perlindungan, dan manfaat bagi peserta program, yang sangat penting untuk merealisasikan tujuan UU SJSN. Desain optimal dari kerangka kerja asuransi sosial harus mencakup prinsip-prinsip gotong royong, partisipasi wajib, iuran proporsional, dan operasi nirlaba.
Legal Certainty of Application for Marriage Registration of Non-Religious Couples After the Issuance of Supreme Court Circular Letter No. 2 of 2023 Muthiah, Ghina Khansa; Dewi, Amelia Sri Kusuma; Widhiawati, Dyah
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.382

Abstract

This research focuses on analyzing specifically whether the regulation of different religions after the issuance of SEMA Number 2 of 2023 has fulfilled legal certainty. Marriage is not only an agreement between two individuals, but also a form of worship recognized by society and the state. Therefore, the rules for the implementation of marriage have been regulated by the state in Law Number 1 of 1974 concerning Marriage. However, it will cause problems if the marriage recorded in the civil registry is actually categorized as an invalid marriage, one of which is a marriage of different religions. In contrast to the explanation in Article 35 of the Civil Registration Law that the registration of valid marriages, including marriages between people of different religions that have been determined by the Court, is an obligation. With the disharmony between the two laws, it can affect judges in adjudicating cases of applications for registration of marriages between people of different religions and beliefs. To answer the existing problems, the author uses normative juridical research with a statutory approach method (statue approach), conceptual approach (conceptual approach). Primary, secondary, and tertiary legal materials and using grammatical and systematic interpretation. The issuance of SEMA Number 2 Year 2023 is a legal instrument issued by the Supreme Court. This SEMA is expected to create a more structured and reliable judicial system. It is important to evaluate the consistency and harmony in the application of laws related to interfaith marriage after the issuance of the SEMA.
Motion Sickness: Holding the Acupressure Point of Village-Owned Business Entities on the Wheel of “Good Corporate Governance” Dewi, Amelia Sri Kusuma; prasetyo, Ngesti Dwi; Rifan, Mohamad; Habsari, Hanugrah Titi
Brawijaya Law Journal Vol. 11 No. 1 (2024): Economic Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.01.03

Abstract

The transcription of Good Corporate Governance (GCG) scenarios in various state regulations basically attempts to build plots to move various economic resources from an area with low productivity to an area with higher productivity with greater results. However, this condition is different when the Indonesian Government wants Village-Owned Enterprises (BUMDes) which normatively and culturally are not designed for entrepreneurship like BUMD/BUMN. The consequence of this desire is that in its implementation BUMDes tends to be neglected and not bound by the principles of Good Corporate Governance (GCG). Through juridical-normative research methods and 3 (three) legal approaches, this research focuses on "Motion Sickness" towards BUMDes resulting from their placement in the "return on investment" space without Good Corporate Governance (GCG). The results of this research show that when analogous to a vehicle, BUMDes experience Motion Sickness or nausea due to: First, the psychological burden on the apparatus in the Village Government; Second, the Good Corporate Governance (GCG) Design is not in accordance with the BUMDes Design. Hence, the acupressure points that need to be pressed in dealing with BUMDes problems include: legal revitalization in the Village Law, overcoming work culture (such as fraud and insider transactions), sterilization of political elements (separating the interests of village officials from interests of Business Entities), and expansion of the business environment. So that in the future Corporate Governance and Corporate Management in BUMDes can be realized through the commitment of stakeholders such as: Capital Owners/GMS, Board of Supervisory/Commissioners, and Board of Directors.
Sworn Sign Language Interpreters Provision for Deaf People Appearing before Notary Based on Justice Principle Kurniawan, Elvaretha Natalia; Dewi, Amelia Sri Kusuma; Susilo, Hariyanto
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.738

Abstract

This study is motivated by the incompleteness of law in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. The aims of this study are to (1) Identify the laws and regulations in Indonesia regarding the fulfillment of the rights of deaf people who appear before a notary who fulfill the principles of justice and (2) Analyze the regulatory concept regarding the provision of sworn sign language interpreters for deaf people who appear before a notary who fulfill the principles of justice. This study used normative juridical methods through a statutory approach and a conceptual approach. Moreover, legal materials were analyzed through grammatical and systematic interpretation analysis methods. The results of this study show that the Law on Notary Positions and its Amendments does not regulate the provision of sworn sign language interpreters for deaf people who appear before a notary to conduct legal actions in an authentic deed. In addition, it does not regulate the mechanism for a notary's obligation to read an authentic deed in front of interested parties so that a sworn sign language interpreter is required in the process of signing the deed in order to verifying the deed in order to create balanced justice in Law on Notary Position and its Amendments.
The Principle of Justice in the Legal Position of Suretyship in Indonesian Insolvency Law Irfan, Faris Muhammad; Widhiyanti, Hanif Nur; Dewi, Amelia Sri Kusuma
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1121

Abstract

This paper analyzes the legal position of suretyship (borg) in Indonesian bankruptcy and debt suspension (PKPU) proceedings, focusing on the principle of justice. The study addresses the incomplete norms in Law Number 37 of 2004, which do not explicitly regulate petitions against sureties. Using a normative juridical method based on statutory, conceptual, and case approaches, the research finds that sureties are often treated as debtors, even though the Indonesian Civil Code defines suretyship as accessory and subsidiary. Several court verdicts have accepted joint petitions against debtors and sureties without independent proof or separate legal assessment. This precedent undermines commutative and procedural justice, as the surety does not bear primary responsibility and is not a joint and several debtors. These findings indicate the need for legal reform to ensure that the surety receives separate procedural treatment aligned with their legal capacity.
The Juridical Validity of the Asset Seizure Prohibition for the Indonesia Investment Authority (INA) Faizal, Muhammad; Santoso, Budi; Dewi, Amelia Sri Kusuma
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1123

Abstract

Article 160, paragraph (3) of the Job Creation Law prohibits the confiscation of assets by the Indonesia Investment Authority (INA). The provision prohibiting asset confiscation raises problems in the form of norm conflicts with the provisions of bail confiscation, criminal confiscation, and bankruptcy confiscation. Therefore, it is necessary to analyze the validity of the norms prohibiting the confiscation of INA assets. Based on this background, the purpose of this study is to analyze the juridical validity of the norms prohibiting the seizure of INA assets. This research uses a statutory and conceptual approach. The type of legal material consists of primary and secondary legal materials sourced from both primary and secondary data. The legal materials are analyzed through interpretation techniques. The results of this study reveal that the norm prohibiting the confiscation of INA assets in positive law does not fulfill the principle of juridical validity, making it an invalid norm. Suggestions to the legislators to make changes to the formulation of Article 160 paragraph (3) of the Job Creation Law in order to fulfill the principle of juridical validity.
Legal Certainty for Notaries in Performing Their Duties Jointly Through Persekutuan Perdata Nowira, Puti Hanifa; Dewi, Amelia Sri Kusuma; Susilo, Hariyannto
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1143

Abstract

This study examines the legal certainty and interpretation of Persekutuan Perdata (Civil Partnership) for Notaries under Undang-Undang Jabatan Notaris. The research aims to clarify the meaning of Persekutuan Perdata as stipulated in the Act and to determine the most suitable business entity form that aligns with the independent nature of the notarial profession, ensuring legal certainty for all parties involved. A normative juridical method, incorporating statutory and conceptual approaches, was applied to analyse the legal characteristics, rights, obligations, and liabilities of each form of non-legal entity business. The results indicate that although the Act designates Persekutuan Perdata as the legal form for Joint Notary Offices, its undefined concept creates legal uncertainty. Based on the analysis of organisational structure, activities, capital, and liability, Maatschap is concluded to reflect best the characteristics and professional independence required of Notaries, compared to Firma or Commanditaire Vennootschap.
Analysis of Legal Certainty in Determining the Position, Duties, and Responsibilities of Temporary Notary Officials Kurniawan, Steven; Dewi, Amelia Sri Kusuma; Wisnuwardhani, Diah Aju
International Journal of Business, Law, and Education Vol. 4 No. 2 (2023): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v4i2.311

Abstract

The position of a Notary is a crucial part of the Indonesian state that adheres to the principles of a legal state. The Notary is the only public official authorized to create authentic deeds. An authentic deed is a document whose form is determined by the law or is created by or in the presence of a public official authorized for that purpose. This means that an authentic deed has a form stipulated by the law and is created by a public official designated by the law. In the course of performing their duties, notaries may sometimes be unable to fulfill their responsibilities due to reasons such as leave, illness, temporary impediment, or death. Therefore, to continue providing services and being accountable to the public, the position of Temporary Notary Official is established. The procedure for a Temporary Notary Official to perform the duties of a temporarily dismissed notary is explained in Article 80 of the UUJN: "(1) While the Notary is temporarily dismissed from his position, the Central Supervisory Board proposes a Temporary Notary Official to the Minister. (2) The Minister appoints a Notary who will receive the Notary Protocol from the temporarily dismissed Notary." Referring to Article 80 of the UUJN, it can be interpreted that if a notary is temporarily dismissed, the Regional Supervisory Board proposes a Temporary Notary Official to carry out the duties of the temporarily dismissed notary. However, with the development of the law, in 2014, Law Number 30 of 2014 or the UUJN Amendment was enacted, amending the previous UUJN which stated, "Temporary Notary Official is a person who temporarily serves as a Notary to carry out the duties of a Notary who has died." This change was made to ensure legal certainty, order, and protection and also because the UUJN was no longer in line with legal developments and the needs of society. However, the change in the definition was not accompanied by a change in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed. This leads to inconsistency in the law, as in the UUJN Amendment, the Temporary Notary Official is specifically designated to perform the duties of a deceased notary, but the regulation in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed from his position, remains unchanged
Legal Certainty in the Regulations Regarding the Prohibition of Notaries from Serving as Leader of Private Business Entities Nailah, Yuni Aisyatun; Dewi, Amelia Sri Kusuma; Wisnuwardhani, Diah Aju
International Journal of Business, Economics, and Social Development Vol. 6 No. 3 (2025)
Publisher : Rescollacom (Research Collaborations Community)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46336/ijbesd.v6i3.1022

Abstract

Legal certainty in a regulation will create order. If every individual or law enforcer can interpret a regulation properly and clearly, then a regulation will run as it should. One of the prohibitions stipulated in Article 17 paragraph (1) letter f UUJN is the prohibition for notaries to hold concurrent positions as leaders of private business entities. The concept of a leader in various types of private business entities covers a broad role, from strategic decision-making to operational management. Interpretations of who is considered a "leader" can vary depending on the structure and characteristics of the business entity. This ambiguity creates room for multiple interpretations in the implementation of the prohibition against notaries. The involvement of notaries in leadership positions can threaten their independence or create potential conflicts of interest. This provision contains significant ambiguity in the definition of "leader of a private business entity," thus creating legal ambiguity. Legal ambiguity occurs when a legal regulation does not provide a clear and detailed definition or provision regarding a concept or term used, thus creating difficulties in its application and interpretation. This ambiguity causes legal uncertainty that is contrary to the basic principles of the formation of laws and regulations.
Legal Foundation for the Establishment of General Procurement Guidelines for Goods and/or Services in Regional Government-Owned Enterprises (BUMD) to Realize Legal Certainty Lestari, Anjas Mega; Santoso, Budi; Dewi, Amelia Sri Kusuma
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6561

Abstract

Regional Government-Owned Enterprises (BUMD) are established not only to develop regional economies but are also expected to meet community needs by providing goods or services according to the needs and characteristics of the respective regions while considering the potential of the region itself. To fulfill these objectives, BUMD are managed based on good corporate governance principles, and in running their business and supporting operations, they cannot be separated from activities to procure goods and services. This research is compiled to analyze the legal foundation for establishing general procurement guidelines for goods and/or services in BUMD to realize legal certainty. This research concludes that the regulation of general procurement guidelines for goods/services in BUMD is urgently needed. The need for such regulation is based on philosophical, juridical, sociological, political, ecological, economic, and cultural arguments, so that with the existence of guidelines from the central government, it is expected that the implementation of procurement of goods and services in BUMD can be realized in accordance with the purpose of its establishment and to end regulatory disharmony at the regional level so that legal certainty can be achieved.
Co-Authors Dwi Budi Santoso Hanif Nur Widhiyanti, Hanif Nur HANUGRAH TITI HABSARI Irfan, Faris Muhammad Kurniawan, Elvaretha Natalia Kurniawan, Steven Lestari, Anjas Mega Masykur, Mohammad Hamidi Muhammad Faizal Murty, Theta Muthiah, Ghina Khansa Nailah, Yuni Aisyatun Ngesti Dwi Prasetyo Nowira, Puti Hanifa Rakhmawati, Santi Nur Rifan, Mohamad Sukarmi Susilo, Hariyannto Susilo, Hariyanto Widhiawati, Dyah Wisnuwardhani, Diah Aju Yenny Eta Widyanti