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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Cita Hukum Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum IUS QUIA IUSTUM Jurisprudence Pembaharuan Hukum Jurnal Ilmiah Hukum LEGALITY Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Pleno Jure Jurnal Simbur Cahaya Jurnal Penegakan Hukum dan Keadilan Community Empowerment Jurnal Pengabdian dan Peningkatan Mutu Masyarakat (JANAYU) Jurnal Dedikasi Hukum Indonesia Law Reform Journal (ILREJ) Lex Journal : Kajian Hukum dan Keadilan
Dwi Ratna Indri Hapsari
Universitas Muhammadiyah Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Compensation as Sanctions for the Perpetrators of Corruption in the Dimensions of Indonesian Criminal Law Renewal Kurniawan, Kukuh Dwi; Indri Hapsari, Dwi Ratna; Fajrin, Yaris Adhial; Triwijaya, Ach. Faisol
Brawijaya Law Journal Vol. 6 No. 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.06

Abstract

Corruption is one of the negative consequence of corporate crime. Corruption perpetrators from corporations are still relatively new in Indonesia, so legal reform is still needed, which is close to the purpose of criminal law. The existence of legal sanction in the form of compensation becomes a breakthrough for one type of sanction and can impose the perpetrator of corruption. Thus, in this study, we want to find a theoretical basis for corporate punishment that commits corruption and the existence of criminal sanctions for corporate compensation as perpetrators of corruption in efforts to renew criminal law. This study uses normative research by approaching the conceptual approach. From this research, finding a corporate foundation that commits corruption can be imposed by a criminal is in line with the purpose of punishment as well as by ius constituendum. For compensation that is an alternative to corporate punishment as a perpetrator of corruption, it can be brought down along with the principal penalty which has the purpose of accountability and reconciliation, guidance, reintegration, socialization or means of resolving conflicts to the community.
Problematics of Individual Company as Legal Entity in Terms of Indonesian Omnibus Law on Job Creation Law Pratama, Andistya; Hapsari, Dwi Ratna Indri; Harahap, Rahmi Fuji Astuti
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.24181

Abstract

The introduction of Individual Companies, which can be established by a single individual, aims to streamline company management and legal recognition while enhancing Indonesia's investment climate. This study seeks to address two critical questions: How is the concept of an individual legal entity regulated under the Job Creation Law? And what is the legal position of the General Meeting of Shareholders (GMS) in a sole proprietorship that constitutes an individual legal entity? Employing a normative or doctrinal legal research approach with a regulatory focus, this study revealed that the concept of an Individual Company aligned with institutional theory. Both agreement and institutional theories were applied in managing such companies. The study further highlighted that GMS decisions in an Individual Company were executed as shareholder resolutions, which carried the same legal weight as GMS decisions in traditional companies, while the role of commissioners was effectively eliminated.
Legal assistance for improving waqf management: Nazhir replacement within Muhammadiyah in Malang Regency Luthfi, Muhammad; Hapsari, Dwi Ratna Indri
Community Empowerment Vol 10 No 5 (2025)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/ce.13435

Abstract

This community service activity aimed to facilitate improved waqf management through legal assistance related to the process of replacing waqf administrators (nazhir) and fulfilling document completeness within the Muhammadiyah organization in Malang Regency. Implemented through classical and individual approaches, the program successfully enhanced partners' understanding and knowledge of nazhir replacement regulations, as evidenced by pre-test and post-test results. The identification and analysis of required documents revealed a transition from individual nazhirs to institutional nazhirs. The assistance also covered the preparation of audit willingness statements and the facilitation of nazhir replacement meetings, along with the creation of official replacement minutes. Overall, this legal assistance proved effective in ensuring the completeness of documents and compliance with the nazhir replacement process, contributing to better and more regulated waqf management.
Ideal Double-Track System Construction for Narcotics Abusers in Indonesia Fajrin, Yaris Adhial; Hapsari, Dwi Ratna Indri; Aunuh, Nu’man; Aprilia, Iga
Jurnal Cita Hukum Vol. 10 No. 3 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i3.22690

Abstract

Not only provide benefits for humans, but narcotic substances can also threaten a nation's life if the meaning is misused. There are various forms of narcotics abuse (which by Indonesia is categorized as a crime according to Law Number 35 the Year 2009), one of which is the act of using/consuming narcotics for own self against the law (illegal). The existence of narcotics abusers for themselves opens up opportunities for perpetrators to experience dependence on these substances, commonly referred to as narcotics addicts. The Indonesia Narcotics Law regulates two forms of sanctions for narcotics abusers for themselves, namely criminal sanctions and treatment sanctions in the form of Rehabilitation, which are accommodated in the double-track system model. Through normative legal research methods, this paper will provide an ideal description of the double-track system model in efforts to enforce criminal law for narcotics abusers in Indonesia so that the sentencing model can effectively solve the dependency problem experienced by perpetrators (narcotics addicts) who are in the process of committing crimes—Indonesian criminal justice.
Bridging regulation and reality: comparative study of Artificial Intelligence regulation in the financial sectors Andistya Pratama; Dwi Ratna Indri Hapsari; Listiyani Wulandari
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.38908

Abstract

This study compares AI regulations in Indonesia and Singapore's banking and fintech sectors, focusing on the gap between regulation and real-world conditions. Artificial Intelligence (AI) has become essential in the banking and fintech sectors, enhancing operational efficiency, detecting fraud, and performing risk analysis. However, the adoption of AI also poses challenges, particularly concerning regulation and consumer protection. The research employs normative or doctrinal methods with a comparative law approach. It evaluates various regulations issued by the Financial Services Authority (OJK) and Bank Indonesia (BI) in Indonesia, as well as the Monetary Authority of Singapore (MAS) in Singapore, specifically the FEAT and Veritas frameworks. The findings indicate that Singapore has proactively implemented principles of ethics, transparency, and accountability, while Indonesian regulations remain focused on consumer protection and operational stability, with a need for a more specific framework related to AI. The study concludes that harmonising regulation between innovation and consumer protection is crucial. Recommendations include the adoption of a regulatory sandbox and the implementation of ethical principles, such as FEAT, in Indonesia.
Reconceptualising Good Faith in Indonesia’s Public-Private Partnership Infrastructure Contracts: A Welfare State Perspective Anggraeny, Isdian; Simamora, Yohanes Sogar; Kurniawan, Faizal; Wahid, Deny Noer; Hapsari, Dwi Ratna Indri
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.44365

Abstract

This study aimed to reconceptualize good faith in Indonesia's public-private partnership infrastructure contracts from a welfare-state perspective. Public-Private Partnership in Indonesia can accelerate the provision of infrastructure to meet the state's welfare obligations. Still, legally it remains an instrument of public policy, not a transfer of the state's constitutional obligations. Using normative legal methods through legislative and conceptual analysis, as well as limited comparison, this article finds that PPP contracts should be understood as administrative contracts (bestuurscontract) that derive from public authority and are oriented towards service and the public interest. Therefore, good faith should not be viewed merely as a moral norm at the time of signing, but rather as an ongoing obligation and corrective principle (redelijkheid en billijkheid) throughout the project cycle. The normative contribution of this article is a reform model that codifies the obligation of good faith, oriented towards the public interest, in laws and their implementing regulations, including cooperation, disclosure of information, and renegotiation. This aims to prevent abuse of authority, protect the public interest, and strengthen legal accountability for project failures.
Legal Liability Of Inadvertent Customs Documents By Customs In Export Business Qurrota Ayun; Dwi Ratna Indri Hapsari
Simbur Cahaya Volume 31 Nomor 1, Juni 2024
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v31i1.3647

Abstract

The purpose of this study is to investigate the legal consequences that exporters may face when an unintentional error occurs in customs clearance procedures carried out by the Customs. This research applies the normative juridical research method to analyze the legal liability of the Customs in the case of inadvertent customs documents, focusing on the provisions stipulated in PMK 274/PMK.04/2014. Data collection is done through a literature study using primary legal sources, especially related laws and regulations. Data were classified and analyzed normatively to understand the implementation and impact of Customs' legal liability. The results of the study provide an overview of the export duty restitution mechanism and aspects of the legal liability of Customs, focusing on export cancellation, overpayment, and the role of the Tax Court. This research is expected to contribute to a deeper understanding of the customs legal framework in Indonesia and can serve as a reference for relevant stakeholders.
FROM GUIDELINES TO LEGAL CERTAINTY: EVALUATING INDONESIA’S AI GOVERNANCE IN THE BANKING SECTOR THROUGH A COMPARATIVE LEGAL PERSPECTIVE Dwi Ratna Indri Hapsari; Yohana Puspitasari Wardoyo
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.48805

Abstract

The growing integration of Artificial Intelligence (AI) in Indonesia’s banking sector has redefined financial services by promoting innovation and operational efficiency. However, the rapid adoption of AI also generates legal and ethical challenges, particularly concerning consumer protection. Existing legal instruments such as the Consumer Protection Act and the Electronic Information and Transactions Act provide only general safeguards and do not address AI-specific issues, including algorithmic decision-making, data privacy, and transparency. The issuance of the AI Governance Guidelines for Banking by the Financial Services Authority (OJK) in 2024 marks an important milestone, yet it remains a non-binding framework lacking enforceable provisions that prioritize consumer rights. This study employs a normative legal method combined with comparative analysis to examine AI governance models in the European Union, Singapore, Japan, Canada, South Korea, and the United States. The findings emphasize the need for Indonesia to establish a more comprehensive and binding regulatory framework that integrates legal certainty with ethical values ensuring fairness, accountability, and transparency in AI-driven financial services.
Co-Authors Aditya Aji Syuhadha Ilmiawan Andistya Pratama Aprilia, Iga Aunuh, Nu'man Aunuh, Nu’man Ayun, Qurrota Devlita Almi Az Zahra Echaib Samira Faizal Kurniawan Fajrin, Yaris Adhial Ferlyawan Isnanda Nuh Harahap, Rahmi Fuji Astuti Herwastoeti Herwastoeti Herwastoeti Herwastoeti, Herwastoeti Iga Aprilia Isdian Anggraeny Izza Enggar Prasetya Kemal Juniardi Komariah Kurniawan, Kukuh Dwi Listiyani Wulandari Muhammad Amin Syarifudin Muhammad Luthfi Muhammad Luthfi Muhammad Luthfi Nailul Marom, Nailul Prasetya, Izza Enggar Pratama, Andistya Puji Rahayu Putri, Octavia Aresia Qurrota Ayun Rahmalia Pawestri Rhesita Ayu Sophia Dewi Riswantoro, Ganaudi Salsabila, Firdina Nur Alfida Putri Shavananda Shalsabilzahra H Sherin Adriani Sholikhah, Mar’atus Simamora, Yohanes Sogar triwijaya, Ach. faisol Wahid, Deny Noer Yaris Adhial Fajrin Yohana Puspitasari Wardoyo Yohana Puspitasari Wardoyo Zahro, Maulidatuz