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All Journal International Journal of Artificial Intelligence Research Syntax Idea Jurnal Sosial dan Teknologi International Journal of Social Service and Research Edunity: Kajian Ilmu Sosial dan Pendidikan Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Journal Customary Law Kanun: Jurnal Ilmu Hukum Journal of Multidisciplinary Sustainability Asean Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Constitutum: Jurnal Ilmiah Hukum Rechtsnormen: Journal of Law
Evita Isretno Israhadi
Universitas Borobudur
Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Public Health Social Sciences Other

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TINJAUAN YURIDIS KEWENANGAN ABSOLUT PENGADILAN TATA USAHA NEGARA TERHADAP TINDAKAN PEMERINTAH (STUDI KASUS PUTUSAN NOMOR 230/G/TF/2019/PTUN.JKT) Henri Silalahi; Evita Isretno Israhadi
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i2.1327

Abstract

The State Administrative Court (PTUN) has an important role as a control or supervision institution to ensure that decisions and/or legal actions taken by the government (bestuur) remain within the legal framework. There are cases of government actions that are detrimental to citizens, such as blocking data services and/or cutting off internet access in 4 cities/regencies in Papua Province. The problem in this research is the PTUN's authority to adjudicate government actions and the conformity of Decision Number 230/G/TF/2019/PTUN-Jkt with statutory regulations. The research method used is normative juridical. The results of this research are: a. The authority of the State Administrative Court in adjudicating government actions is in accordance with the General Explanation of Law Number 30 of 2014 concerning Government Administration. Article 1 number 18 of the law confirms that the PTUN has absolute authority to judge the actions of government officials or state administrators related to the implementation or non-implementation of concrete actions in the administration of government. Then, Decision Number 230/G/TF/2019/PTUN-Jkt was deemed to be in accordance with state administrative laws and regulations. Government actions in limiting internet access are considered unlawful acts by government bodies and/or officials because they violate Article 1 number 1 of Government Regulations in Lieu of Law Number 23 of 1959/UU Number 23 Prp of 1959 concerning Emergency Situations.
Legal and Ethical Void in the Implementation of Stem Cell Technology in Indonesia Lia Marliana; Evita Isretno Israhadi
Return : Study of Management, Economic and Bussines Vol. 3 No. 12 (2024): Return: Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i12.298

Abstract

This study examines the legal gaps and ethical challenges in stem cell technology utilization in Indonesia. Stem cell technology in embryonic stem cells offers great potential in the medical field but also faces controversies and complex regulatory issues. The study identifies the legal gaps in current regulations and their impact on legal certainty for researchers, medical practitioners, and patients. It also analyzes the limitations of existing rules and proposes legal reformulation to address rapid technological developments and emerging ethical issues. The methodology in this study uses normative legal methods with legislative and analytical approaches to evaluate regulations related to stem cells in Indonesia. The findings of this study are expected to guide effective regulatory reform to support safe and ethical innovation of stem cell technology in Indonesia. It concludes that the legal void in stem cell technology regulation creates challenges such as uncertainty for stakeholders, security and ethical risks, and hindered research progress, necessitating comprehensive legal reform to establish clear guidelines, update security standards, integrate ethics, ensure transparency, and align with international standards to support safe innovation and protect public welfare.
Conceptual Reconstruction of Directors' Responsibilities in Limited Liability Company Bankruptcy Based on Fiduciary Duty and Business Judgment Rule Hendro Widodo; Evita Isretno Israhadi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5870

Abstract

The dynamics of directors' responsibilities in the bankruptcy of limited liability companies present complex normative problems due to the disharmony between the corporate law regime and bankruptcy law. Corporate law emphasizes managerial discretion through the principles of fiduciary duty and the business judgment rule, while bankruptcy law is more oriented towards protecting the collective interests of creditors. This paradigm difference gives rise to ambiguity in determining the limits of directors' responsibilities, especially when the company is in a phase of financial distress or approaching insolvency. This study aims to analyze the doctrinal conflict that occurs between fiduciary duty, the business judgment rule, and the bankruptcy regime, and to formulate a conceptual reconstruction that can create a balance between director protection and legal accountability. The research method used is normative legal research with a statutory, conceptual, and analytical approach, through a study of Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, as well as an analysis of legal doctrine and the development of corporate governance theory. The research findings identify normative disharmony as the root cause of uncertainty in the standards for assessing directors' responsibilities. The proposed conceptual reconstruction includes a reinterpretation of fiduciary duty toward a stakeholder-sensitive approach through the concept of dual fiduciary obligation, a repositioning of the business judgment rule as a process-based evaluation, and the development of an integrative model for corporate governance and insolvency governance. The formulation of new standards, such as threshold liability, a safe harbor for restructuring decisions, and an early warning governance mechanism, is expected to provide more balanced legal certainty. This research provides theoretical contributions to the development of the doctrine of directors' responsibilities and normative recommendations for future regulatory harmonization.
Satreskrim Police Performance in Handling Land Crimes Suhadi Rizki Herdianto; Evita Isretno Israhadi; Riswadi Riswadi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 1 No. 2 (2022): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1077.392 KB) | DOI: 10.58631/injurity.v2i1.15

Abstract

The main task of the State Police of the Republic of Indonesia is to maintain public security and order, to provide protection, protection, and services as well as to enforce the law as regulated in Chapter III Article 13 of Law Number 2 of 2002 concerning the main tasks of the Indonesian National Police. The law is the entire code of conduct that applies in common life, containing alluring rules that can be imposed with a sanction. The law implementation can take place formally and peacefully, but it can also occur because violations of the law must be enforced. Law enforcement by the police also includes criminal acts that occur in land dispute cases found in police jurisdictions throughout Indonesia.
The Responsibility of Social Welfare Institutions in the Implementation of Collecting Money or Goods in the Digital Era Yadhy Cahyady; Evita Isretno Israhadi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 2 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1109.31 KB) | DOI: 10.58631/injurity.v2i2.39

Abstract

ABSTRACT The implementation of the collection of money or goods is carried out by the community through legal entity social organizations, consisting of associations or foundations. The organization of the collection of money or goods must be obtained a permit from the minister who organizes government affairs in the social sector, governor, or regent/mayor in accordance with their authorities, with the requirements, including that they must attach a registration document of a social welfare institution. In this digital era, the implementation of money or goods collection is mostly performed through digital applications, electronic money services, and social media. In order to organize the collection of money or goods, the licensed organizer is obliged to provide a report along with the progress report. Furthermore, the monitoring process is carried out by the government's internal supervisory officers, the curbing task force, and the community. The normative juridical method is used in this research, with a statutory approach based on secondary data obtained through document studies. Then, it would be analyzed using deductive logic. The legal issues in this research are: First, how is the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era. Second, why is it necessary to supervise the implementation of money or goods collection carried out by social welfare institutions in the digital era. From this research, the writer expects to obtain a formulation of norms that can provide legal knowledge about the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era.
Legal Updates on Copyright Royalty Governance in Indonesia Hendro Tri Subiyantoro; Evita Isretno Israhadi
Jurnal Sosial Teknologi Vol. 6 No. 6 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i6.32850

Abstract

This research aims to analyze the legal regulations and implementation problems of copyright royalty governance in Indonesia and to formulate legal reforms to achieve certainty and justice for creators. This study employs both a statutory approach and a conceptual approach within a normative juridical research methodology. Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning the Management of Song and/or Music Copyright Royalties serve as the primary legal materials used in this study, while secondary legal materials include scholarly literature, academic journals, and expert doctrines. The research findings indicate that, normatively, Indonesia's copyright royalty regulation system has provided a solid legal foundation for creators' economic rights through a royalty management mechanism administered by the Lembaga Manajemen Kolektif Nasional (LMKN) and the Lembaga Manajemen Kolektif (LMK). However, a number of issues persist in practice, including the potential for overlapping jurisdiction among royalty management organizations, low levels of compliance among music users in paying royalties, and insufficient transparency in the collection and distribution of royalties. These circumstances reveal a discrepancy between the relevant legal standards and their application in practice. Legal reform is therefore needed through strengthened regulations, increased transparency in royalty management, the development of an integrated information technology system, and the reinforcement of oversight and law enforcement mechanisms. These reforms are expected to produce a more effective royalty governance system, provide legal certainty, and improve the welfare of creators, thereby supporting the development of the creative industry in Indonesia.
Legal Reconstruction of the Use of Checks as Security Instruments in Banking Credit Agreements in Indonesia Kharisma Jomenta Surbakti; Evita Isretno Israhadi
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1421

Abstract

A credit agreement constitutes the legal basis of the relationship between a bank as creditor and a customer as debtor in banking activities. In practice, credit agreements often include additional clauses requiring the debtor to provide checks as a form of payment guarantee. However, the use of checks as security instruments is not explicitly regulated under Indonesian law, which creates legal uncertainty, particularly when a check cannot be honored due to insufficient funds. This research aims to analyze (i) the legal framework governing the use of checks as security in credit agreements, (ii) the legal position of checks within the perspective of civil law and banking law, and (iii) the boundary between civil default and criminal liability. Furthermore, this study proposes a legal reconstruction to ensure fairness and legal certainty in banking practices. This research uses a normative juridical method with statutory and conceptual approaches. The analysis refers to the Indonesian Civil Code, particularly Article 1320 and Article 1338, the Commercial Code provisions on checks, and relevant banking regulations. The results indicate that checks function only as additional guarantees and do not provide proprietary rights or preferential rights to creditors. The failure of a check to be honored should primarily be treated as a civil default. Criminal liability may only arise if there is evidence of fraudulent intent at the time the check is issued. Therefore, a legal reconstruction is necessary to prevent the misuse of criminal law in civil disputes and to provide clearer regulatory guidelines.
The Ambiguity of Norms Regarding the Cancellation of Arbitration Awards in Law Number 30 Of 1999 Concerning Arbitration and Alternative Dispute Resolution and its Implications for Legal Certainty Ryan Adhi Pradana; Evita Isretno Israhadi
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1424

Abstract

The development of arbitration as an alternative dispute resolution mechanism in Indonesia is intended to provide a fast, efficient, and legally certain settlement process outside the court system. However, the regulation concerning the annulment of arbitration awards under Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution contains normative ambiguity, particularly regarding the interpretation of false documents, concealed documents, and fraudulent conduct as grounds for annulment. This condition creates uncertainty in judicial practice and potentially weakens the final and binding nature of arbitration awards. This study aimed to examine the ambiguity of arbitration award annulment provisions, analyze their implications for legal certainty, and formulate a normative reconstruction model to strengthen arbitration governance in Indonesia. This research employed a normative juridical method using statutory and conceptual approaches. The study analyzed primary legal materials, including Law Number 30 of 1999, the 1945 Constitution, relevant court decisions, and international arbitration standards, supported by legal doctrines and academic literature. The findings indicated that Article 70 contains grammatical, systematic, and teleological ambiguities arising from unclear definitions and the absence of explicit evidentiary standards concerning the existence of criminal elements. These ambiguities contribute to inconsistent judicial interpretations and excessive court intervention in arbitration proceedings. The study concluded that the reformulation of Article 70 was necessary by clarifying the meaning of annulment grounds, establishing clear standards of proof, and reaffirming the principle of minimal court intervention to ensure legal certainty and strengthen the effectiveness of arbitration in Indonesia
The Evidentiary Strength of Electronic Signatures in Fiduciary Security Deeds within Financing Institutions: An Analysis of Legal Certainty and Judicial Practice in Indonesia Muhammad Yusuf Y. Badar; Evita Isretno Israhadi
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1432

Abstract

Within this digital legal environment, electronic signatures (e-signatures) serve a crucial role as authentication tools that verify the integrity and authorship of electronic documents. Although Indonesian legislation has formally acknowledged electronic signatures as legitimate evidence through the Electronic Information and Transactions Law, their application in documents associated with notarial deeds, such as fiduciary security deeds and Powers of Attorney to Create Fiduciary Security (SKMF), continues to generate legal debate. This study seeks to examine the regulatory framework governing electronic signatures within the Indonesian legal system, evaluate their evidentiary value in judicial practice, and analyze the legal consequences of their use in relation to the validity of fiduciary security deeds. The research employed a normative legal research method, utilizing both statutory and conceptual approaches. The findings indicate that certified electronic signatures possess strong evidentiary authority because they rely on cryptographic infrastructure and electronic certificates issued by authorized Electronic Certification Authorities (PSrE). This technological framework ensures the principle of non-repudiation, thereby strengthening their reliability as legal evidence. In contrast, uncertified electronic signatures demonstrate comparatively weaker evidentiary value, as their authenticity can more easily be challenged by disputing parties. The study concludes that the utilization of certified electronic signatures in the SKMF constitutes an essential requirement for safeguarding the authenticity of fiduciary security deeds while simultaneously ensuring legal certainty for financing institutions operating within Indonesia’s emerging digital fiduciary framework.
Legal Policy of Education Budget Allocation in Digitalization Policy through Procurement of Technological Devices to Fulfill Children' Constitutional Rights to Legal Literacy at Elementary Education Level Beby Savitri; Evita Isretno Israhadi
Jurnal Sosial Teknologi Vol. 6 No. 7 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i7.32868

Abstract

This study aims to analyze the legal politics of education budget allocation within the digitalization policy and its implications for fulfilling children's constitutional rights to legal literacy at the primary education level. Through an examination of the Republic of Indonesia's 1945 Constitution, Law Number 20 of 2003 concerning the National Education System, and Law Number 35 of 2014 concerning Child Protection, the study used a normative juridical method with a statutory and conceptual approach, and regulations related to state finances. The results indicate that the educational digitalization policy, which focuses on the procurement of technological devices, is not completely aligned with the constitutional mandate, as it tends to neglect strengthening human resource capacity and children's legal literacy. This situation constructs a gap between legal norms and policy implementation, and has implications for children's low legal awareness and an increased risk of legal violations. Therefore, a reconstruction of the legal politics of education is needed through strengthening regulations, reforming budget policies, and integrating legal literacy into the primary education curriculum to ensure the optimal fulfillment of children's constitutional rights
Co-Authors Aan Rizalni Kurniawan Ahmad Haikal Ahmad Redi Askolani Jasi Beby Savitri Evi Oktarina Faisal Santiago Fransisca Dewi Zion Hendro Tri Subiyantoro Hendro Widodo Henri Silalahi I Made Juni Artawan I Wayan Mustika Eko Yuda Jamaluddin Sungsang Kharisma Jomenta Surbakti Leti Ratna Kusumawati Lia Marliana Lingga Nugraha Megawati Barthos Miftahul Munir Muhammad Yusuf Y. Badar Nana Supiana Riswadi Riswadi Ryan Adhi Pradana Ryan Rainhard Marchello Selvi Relita Fitri Suhadi Rizki Herdianto Suparno Suparno Yadhy Cahyady Zudan Arief Fakrulloh