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All Journal Sriwijaya Law Review International Journal of Business, Law, and Education Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan
Hanif Nur Widhiyanti
Faculty Of Law, Universitas Brawijaya, Indonesia
Arts 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

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Indonesian Cryptocurrencies Legislative Readiness: Lessons from the United States Hanif Nur Widhiyanti; Safinaz Mohd Hussein; Ranitya Ganindha
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2138.pp150-172

Abstract

Cryptocurrencies can facilitate cross-border global transfers easily and pseudonymously. It can be converted into fiat currencies, making it suitable for money laundering crimes. This study compared legal regulations in the United States that analysed the readiness of regulations and Indonesia's legal loopholes in responding to the development of the cryptocurrency business. As a result, cryptocurrency in Indonesia is susceptible to being used as a money-laundering tool due to the novelty of the technology, the anonymity it provides its users, and the immaturity of the regulations governing it. Therefore, it is necessary to create a cryptocurrency that can follow the “Travel Rule” and collect and share information about the people who send and receive cryptocurrency, like in the US. The study also argues that passive detection is used to detect the identity of cryptocurrency users through a centralised service. However, several cryptocurrency developers have responded to the increase in pseudonymity tracking methods by developing cryptocurrencies with greater secrecy change.
REGULATION OF LEGAL AUTHORITY OF INDIVIDUAL COMPANY FOUNDERS WHO ARE NOT YET 18 YEARS OLD FROM THE PERSPECTIVE OF THE LAW ON THE OFFICE OF A NOTARY Dita Anggraini Sholikhah; Hanif Nur Widhiyanti; Faizin Sulistio
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan Vol. 2 No. 10 (2023): September
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v2i10.1402

Abstract

The purpose of this article is to analyze the regulation of the legal authority of individual companies that are not yet 18 years old from the perspective of the law on notary positions by reviewing Government Regulation Number 8 of 2021 concerning Authorized Capital of Companies and Registration of Establishment, Changes and Dissolution of Companies that Meet the Criteria for Micro Businesses. and Minor, the Notary Position Law, the Civil Code, the Marriage Law, and also the Child Protection Law. There is a difference in these regulations, namely determining a person's adult age and legal capacity. The research method used is normative juridical using primary legal materials which are analyzed using a statutory approach and a conceptual approach. The research results show thatThere is disharmony in the regulation of the legal authority of founders of individual companies between PP Number 8 of 2021 and UUJN and Circular Letter of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 4/SE/I/2015. The disharmony in the regulation of the legal authority of the founder of an individual company means that the founder of an individual company cannot represent his company to carry out material and civil legal actions that require an authentic deed from a notary/PPAT.
Indonesian Cryptocurrencies Legislative Readiness: Lessons from the United States Hanif Nur Widhiyanti; Safinaz Mohd Hussein; Ranitya Ganindha
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2138.pp150-172

Abstract

Cryptocurrencies can facilitate cross-border global transfers easily and pseudonymously. It can be converted into fiat currencies, making it suitable for money laundering crimes. This study compared legal regulations in the United States that analysed the readiness of regulations and Indonesia's legal loopholes in responding to the development of the cryptocurrency business. As a result, cryptocurrency in Indonesia is susceptible to being used as a money-laundering tool due to the novelty of the technology, the anonymity it provides its users, and the immaturity of the regulations governing it. Therefore, it is necessary to create a cryptocurrency that can follow the “Travel Rule” and collect and share information about the people who send and receive cryptocurrency, like in the US. The study also argues that passive detection is used to detect the identity of cryptocurrency users through a centralised service. However, several cryptocurrency developers have responded to the increase in pseudonymity tracking methods by developing cryptocurrencies with greater secrecy change.
The Principle of Justice in the Legal Position of Suretyship in Indonesian Insolvency Law Faris Muhammad Irfan; Hanif Nur Widhiyanti; Amelia Sri Kusuma Dewi
International Journal of Business, Law, and Education Vol. 6 No. 2 (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.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.
Legal Vacuum and Prudential Principles in MSME Financing under Article 249 P2SK Law Ahmad Rayhan Thoha Ridlo; Hanif Nur Widhiyanti; Adi Kusumaningrum
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): 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.v7i1.1394

Abstract

This study analyzes the legislative ratio of Article 249 of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK Law) in regulating MSME financing. Although the provision mandates easier access to financing for Micro, Small, and Medium Enterprises (MSMEs), it also requires the application of prudential principles and risk management practices. Normatively, the article does not clearly define the criteria for MSMEs eligible for financing, creating a legal vacuum and potential implementation inconsistencies. This research employs normative legal methods, drawing on statutory, conceptual, historical, and comparative approaches. The findings reveal a regulatory dilemma between financial inclusion and banking stability. The absence of standardised MSME financing criteria leads to disparities among financial institutions and increases credit risk exposure. The study proposes a prudential, proportional, and context-based financing model that emphasizes business sustainability, cash flow capacity, debtor integrity, and risk mitigation mechanisms to ensure inclusive yet stable financial system development.
Co-Authors Adi Kusumaningrum Ahmad Rayhan Thoha Ridlo Amelia Sri Kusuma Dewi Dita Anggraini Sholikhah Faizin Sulistio Faris Muhammad Irfan Ranitya Ganindha Safinaz Mohd Hussein