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All Journal Yustisia Merdeka : Jurnal Ilmiah Hukum Walisongo Law Review (Walrev) Jurnal Daya Mas : Media Komunikasi dan Informasi Hasil Pengabdian dan Pemberdayaan Masyarakat Jurnal Hukum Lex Generalis Sahaja : Journal Sharia and Humanities
RETNO CATUR KUSUMA DEWI
UNIVERSITAS MERDEKA MADIUN
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Analisis Perlindungan Hukum bagi Investor Pasar Modal melalui Kebijakan Disorgement Fund RETNO CATUR KUSUMA DEWI; MOHAMMAD CHOIRUL ANAM
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 9 No. 2 (2023): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v9i2.247

Abstract

This research aims to analyze the disorgement mechanism through the RPOJK regulation so that it can be applied to capital market problems and alternative legal settlements. The research method used in this research is a normative juridical approach with an invitational approach. Based on research results such as the disgorgement arrangement by the OJK as a form of funds through civil sanctions such as compensation, it can be a form of administration as a form of investor legal protection because disgorgement embodies such as efficient, equal funds and can be preventive measures
Perkembangan Konsep Perjanjian Production Sharing Contract Dalam Mekanisme Pengolahan Minyak dan Gas di Indonesia Mohammad Choirul Anam; Retno Catur Kusuma Dewi; Angga Pramodya Pradhana
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i1.261

Abstract

This research aims to determine the development of the concept of agreements in production sharing contracts in the oil and gas processing sector based on legal principles in Indonesia. This research uses normative juridical research which uses statutory regulations as a secondary data source. Apart from that, journals, articles, news portals (websites) were also used as supporting sources in this research. Based on the research results, it was found that the development of the concept of production sharing contracts in the oil and gas processing sector in Indonesia was initially introduced by Ibnu Sutowo. Then as time went by it developed up to 4 (four) changes. Even though in its development there have been changes, the concept used in the agreement remains the same, the only difference is in the type of agreement. The concept of a production sharing agreement can be applied in Indonesia because it is simpler, easier to understand by the public, more cost effective; compared to the “Profit Sharing” mechanism. The amount of "Production Sharing" should be close to the gross figure of the amount of "Production Sharing", so that oil and gas investors are not surprised by the new formulation. Because they are used to these numbers, what they live with now is still mutually beneficial. The possibility of applying taxes in the "Production Sharing" mechanism, can be applied at the beginning of activities (subject to Cost Recovery), or imposed on gross production results that come out of oil and gas wells. The formulation of the amount and type of tax needs to be studied jointly between the Director General of Taxes, SKKMigas, and oil and gas investor representative bodies. This is to continue to attract oil and gas investors to carry out oil and gas exploration and production in Indonesia
The Implementation of Halal Certification on Imported Agricultural Food Products and Their Relation to International Trade: - Retno Catur Kusuma Dewi; Mohammad Choirul Anam; Dien Nufitasari
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i2.298

Abstract

Abstract Introduction to the Problem: Import activities are strongly related to international trade that one of the objectives is to meet the needs of a country. Indonesia carries out import activities on processed food products and agricultural products in order to fulfill food needs. To protect Indonesian consumers who are predominantly Muslim, Indonesia has passed legislation regarding halal certification and labeling through Law Number 33 of the year 2014 concerning Halal Product Assurance. Purpose/Study Objectives: The problems studied in this study include: (1) How is the implementation of Law Number 33 of 2014 concerning Halal Product Assurance in Halal certification and labeling of imported processed food products and imported agricultural products in Indonesia and (2) How is harmonized Law Number 33 of 2014 concerning Halal Product Assurance, especially on halal certification and labeling of imported processed food products and imported agricultural products in Indonesia related to the Technical Barriers to Trade agreement?. Design/Methodology/Approach: The research method used is juridical-normative with the data sources obtained in the form of primary legal materials in the form of laws and regulations, GATT 1994, and the TBT Agreement, secondary legal materials including legal books and journals, and tertiary legal materials, such as legal dictionaries. Findings: The implementation of Law Number 33 of 2014 has changed the provisions regarding halal certification and labeling of products circulating and traded in Indonesia, including imported processed food products and imported agricultural products, to become mandatory. The conformity of the Law Number 33 of 2014 which is included in technical regulations with the TBT Agreement is an urgency to ensure that national regulations and/or policies do not become obstacles in international trade. Paper Type: Research Article.
Legal Certainty on Corruption in Banking offences in the Indonesian Criminal Justice System Mohammad Choirul Anam; Dien Nufitasari; Retno Catur Kusuma Dewi; Bambang Sukarjono
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.322

Abstract

Introduction to the Problem: Corruption is one of the most damaging crimes to a country's economy. One of the corruption cases in Indonesian banking through a fictitious credit scheme as happened in Bank Jabar Banten (BJB) Tangerang Branch proves how important the application of law is to overcome corruption in banking. Purpose/Study Objectives: The challenges that the author will study can be formulated based on the background of the problems described above, namely: 1). How is the legal analysis of banking corruption based on court decisions in Indonesia? 2). How is the construction of legal certainty governing criminal offences of banking corruption in Indonesia?. Design/Methodology/Approach: Normative research was the methodology used. Banking crime is a broad category of crime that occurs within the banking industry, according to the research findings. Due to the complexity of these crimes, the Corruption Act is used in the prosecution of the perpetrators. Findings: The results of this study indicate that criminal offences occurring in the banking sector in the case of Bank Jabar Banten (BJB) Tangerang Branch can be applied to the Corruption offence as “Lex Specialis” even though the modus operandi falls into the territory of other laws and regulations, namely the Banking Law, but the defendant's “Mens Rea” and the elements that are more fulfilled are the articles of corruption so that the application of the Corruption offence to the defendant Bank Jabar Banten (BJB) Tangerang Branch is appropriate. Juridical construction in the crime of banking corruption based on the justice system in Indonesia can be built through the approach of the principle of “logische specialiteit”, the principle of “systematische specialiteit”, the principle of “Lex Consumen Derogat Legi Consumptae”. Paper Type: General Review
PENDAMPINGAN POSYANDU REMAJA SEBAGAI UPAYA HUKUM PREVENTIF PENCEGAHAN KENAKALAN REMAJA DI DESA BANARAN KECAMATAN GEGER KABUPATEN MADIUN Retno Catur Kusuma Dewi; Agus Wiyaka; Retno Iswati
JURNAL DAYA-MAS Vol. 10 No. 1 (2025): JURNAL DAYA-MAS
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/dymas.v10i1.191

Abstract

The transition period from childhood to adulthood often causes adolescents to experience problems. This period occurs between the ages of 10 and 19 and is not yet married. The Perdoski report states that the number of sexually transmitted diseases (STDs) in adolescents in Indonesia continues to increase from 2017. Adolescent exposure to STDs can be triggered by juvenile delinquency such as premarital sexual intercourse, drugs, free sex which of course has an impact on extramarital pregnancy, school dropouts, early marriage, abortion, risky childbirth, sexually transmitted diseases. The effort to anticipate juvenile delinquency is through the establishment of Posyandu Remaja. Posyandu Remaja is part of the ARU (Children, Adolescents and Elderly) Programme, as a flagship programme of the Ministry of Health and is implemented in the Madiun District Health Office. This programme promotes a preventive approach because it is centred on primary health care activities in a holistic manner. The implementation of this program is the result of collaboration between lecturers and students of Universitas Merdeka Madiun Real Work Lecture with UPTD Puskesmas Geger District, Madiun Regency in a community service program which aims to provide socialisation of adolescent posyandu through health education on how to address problems during puberty. This activity was attended by young people in Banaran Village, Geger District, Madiun Regency, health education activities were provided through the lecture method and at the end of the activity an evaluation of adolescent knowledge was carried out. The results of community service activities show that adolescents have increased knowledge about how to respond to problems at puberty. Similar coaching activities can be used as a preventive measure carried out on an ongoing basis and can be developed towards regular health screening, especially STDs in adolescents.
Reconstruction of Bank Liability in Banking Skimming Crimes in Indonesia Mohammad Choirul Anam; Dien Nufitasari; Retno Catur Kusuma Dewi
Walisongo Law Review (Walrev) Vol. 8 No. 1 (2026)
Publisher : Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/walrev.2026.8.1.31550

Abstract

This study examines the legal ambiguity surrounding bank liability toward customers who become victims of skimming crimes within the Indonesian banking system. Existing regulations impose obligations on banks; however, the implementation of compensation mechanisms and evidentiary procedures often places customers in a disadvantaged position. This research employs normative legal methods with statutory and conceptual approaches. The findings reveal a structural imbalance in risk allocation and evidentiary burden between banks and customers. This study proposes a reconstructed liability model integrating strict liability and the shifting burden of proof, requiring banks to provide preliminary compensation followed by internal verification. This model strengthens legal certainty, enhances consumer protection, and aligns liability with institutional risk control in digital banking. Penelitian ini mengkaji ketidakpastian hukum terkait tanggung jawab bank terhadap nasabah yang menjadi korban tindak pidana skimming dalam sistem perbankan Indonesia. Peraturan yang ada saat ini memang membebankan kewajiban kepada bank; namun, implementasi mekanisme ganti rugi dan prosedur pembuktian sering kali menempatkan nasabah pada posisi yang tidak menguntungkan. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan adanya ketidakseimbangan struktural dalam alokasi risiko dan beban pembuktian antara pihak bank dan nasabah. Penelitian ini mengusulkan rekonstruksi model tanggung jawab yang mengintegrasikan prinsip tanggung jawab mutlak (strict liability) dan pembalikan beban pembuktian (shifting burden of proof), yang mewajibkan bank untuk memberikan ganti rugi awal yang diikuti dengan verifikasi internal. Model ini memperkuat kepastian hukum, meningkatkan perlindungan konsumen, dan menyelaraskan tanggung jawab dengan kendali risiko institusional dalam perbankan digital. Keywords: Bank Liability; Skimming; Strict Liability; Burden of Proof; Consumer Protection
Copyright Of Communal Cultural E Copyright Of Communal Cultural Expressions From An Indonesian Legal Perspective: An Analysis Of Supreme Court Decision No. 591 K/Pdt.Sus-Hki/2024 Anik Tri Haryani; Retno Catur Kusuma Dewi
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.796

Abstract

Supreme Court Decision No. 591 K/Pdt.Sus-HKI/2024 marks a significant milestone in the legal protection of communal cultural expressions (EBK) in Indonesia. This case involved the copyright registration of the Human Personal Symbol by an individual, which was deemed unlawful because the symbol is part of the Sapta Darma religious teachings and constitutes collective cultural heritage. The Court ruled that the symbol cannot be claimed as an exclusive personal right, as it lacks the element of personal originality and possesses spiritual significance. This study employs a normative legal methodology with a legislative and case law analysis approach to examine the extent to which positive law protects CCE from individual claims. The research findings indicate that Law No. 28 of 2014 on Copyright explicitly protects traditional cultural expressions as state property and cannot be transferred to individuals. This ruling has significant implications for the development of a communal intellectual property registration system, the protection of collective moral rights, and the importance of indigenous communities’ involvement in legal processes. In conclusion, the state needs to strengthen a legal system that prioritizes cultural justice and the protection of communal rights so that the nation’s cultural heritage is not eroded by individual interests.
Copyright Of Communal Cultural E Copyright Of Communal Cultural Expressions From An Indonesian Legal Perspective: An Analysis Of Supreme Court Decision No. 591 K/Pdt.Sus-Hki/2024 Anik Tri Haryani; Retno Catur Kusuma Dewi
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.796

Abstract

Supreme Court Decision No. 591 K/Pdt.Sus-HKI/2024 marks a significant milestone in the legal protection of communal cultural expressions (EBK) in Indonesia. This case involved the copyright registration of the Human Personal Symbol by an individual, which was deemed unlawful because the symbol is part of the Sapta Darma religious teachings and constitutes collective cultural heritage. The Court ruled that the symbol cannot be claimed as an exclusive personal right, as it lacks the element of personal originality and possesses spiritual significance. This study employs a normative legal methodology with a legislative and case law analysis approach to examine the extent to which positive law protects CCE from individual claims. The research findings indicate that Law No. 28 of 2014 on Copyright explicitly protects traditional cultural expressions as state property and cannot be transferred to individuals. This ruling has significant implications for the development of a communal intellectual property registration system, the protection of collective moral rights, and the importance of indigenous communities’ involvement in legal processes. In conclusion, the state needs to strengthen a legal system that prioritizes cultural justice and the protection of communal rights so that the nation’s cultural heritage is not eroded by individual interests.
Pertanggungjawaban Hukum Pengelola Pondok Pesantren Al-Khoziny atas Kelalaian Konstruksi Bangunan Sheva Dewa Ramadhani Boedihardjo; Subadi; Retno Catur Kusuma Dewi
Jurnal Hukum Lex Generalis Vol 7 No 2 (2026): Tema Hukum Islam
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i9.3157

Abstract

This study examines the legal liability of the Al-Khoziny Islamic Boarding School management for construction negligence that led to the failure of the building structure and the victims. The study was conducted in a normative-analytical manner through a review of regulations, legal doctrine, construction literature, and technical reports. The results of the study indicate that the management can be asked for civil compensation under Article 1369 of the Civil Code, with reference to Law Number 28 of 2002 concerning Buildings which regulates technical standards and permits. The study recommends regular structural audits, the use of certified construction services, digitalization of permits, and an easy claims mechanism to ensure legal accountability and building safety in the Islamic boarding school environment.
Co-Authors Agus Wiyaka Angga Pramodya Pradhana Anik Tri Haryani Bambang Sukarjono Dien Nufitasari Mohammad Choirul Anam Retno Iswati Sheva Dewa Ramadhani Boedihardjo Subadi Subadi