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JURIDICAL REVIEW OF THE MERAH PUTIH COOPERATIVE AND THE ROLE OF THE NOTARY MAKING THE COOPERATIVE DEED (NPAK) IN ITS ESTABLISHMENT BASED ON INDONESIAN COOPERATIVE LAW Felly Faradina; Zulhendrawan; Dini Dewi Heniarti; Neni Sri Imaniyati; Dhody Ananta Rivandi W
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.2933

Abstract

As a manifestation of the implementation of Article 33 paragraphs (1) and (4) of the 1945 Constitution of the Republic of Indonesia, the government initiated a community economic empowerment program in early 2025 through the establishment of the "Koperasi Merah Putih" (Red and White Cooperatives). In its initial phase, the government aims to establish up to 80,000 such cooperatives across villages and urban neighborhoods throughout Indonesia. Within this program, the Notary Making Cooperative Deeds (NPAK) plays a crucial role in ensuring the legal validity of these cooperatives' establishments. This study aims to examine the mechanisms involved in the formation of the Koperasi Merah Putih and to analyze the role of NPAK in this process. However, challenges arise for notaries, particularly NPAK, due to certain regulatory differences between the establishment of Koperasi Merah Putih and conventional cooperatives. Employing a normative juridical research method through literature study, this research utilizes an analytical approach to scrutinize the Koperasi Merah Putih and the role of NPAK from theoretical, regulatory, and practical perspectives. The findings reveal that the Articles of the Association of Koperasi Merah Putih differ from those of typical cooperatives in terms of naming conventions, types of business activities, management structures, membership areas, and procedures for obtaining legal entity status.
Conflict of Norms on the Implementation of Personal Data Protection in Insurance Companies in Indonesia Nurhakim, Lukman Ilman; Imaniyati, Neni Sri; Suminar, Sri Ratna
ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES Vol. 9 No. 1 (2026): ENDLESS: International Journal of Future Studies
Publisher : Global Writing Academica Researching & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/endlessjournal.v9i1.369

Abstract

This study examines the harmonization of personal data protection regulations within Indonesia’s insurance sector following the enactment of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). Since its promulgation on 17 October 2022, the PDP Law has established a comprehensive normative framework governing the processing and protection of personal data. Its alignment with sectoral regulations becomes imperative, particularly in light of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law). Article 3 paragraph (2) letter (i) of the PPSK Law explicitly affirms the objective of strengthening the protection of customers’ personal data in the financial services sector, while Article 240 paragraph (1) requires financial sector business actors, including insurance companies, to comply with prevailing personal data protection laws and regulations as well as supervisory provisions issued by the Financial Services Authority. However, in practice, the PDP Law currently fulfills primarily the element of legal substance within the legal system. The structural and legal culture components remain incomplete, as the Law mandates the issuance of ten Government Regulations and one Presidential Regulation to operationalize its provisions. The absence of these implementing instruments creates normative fragmentation and limits effective enforcement within the insurance industry. Consequently, the PDP Law predominantly reflects a preventive model of legal protection, as conceptualized by Hadjon, emphasizing anticipatory safeguards and compliance mechanisms rather than repressive enforcement. This condition highlights the urgency of regulatory harmonization and institutional strengthening to ensure coherent and effective personal data protection governance in Indonesia’s insurance sector.
Murabahah Financing in Islamic Banks with Fiduciary Collateral Review from the Perspective of Legal Certainty and Utility Nugraha, Ivan; Imaniyati, Neni Sri; Putra, Panji Adam Agus
Indonesian Journal of Social Science Research Vol. 5 No. 1 (2024): Indonesian Journal of Social Science Research (IJSSR)
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijssr.05.01.20

Abstract

One of the financing contracts offered by Islamic banks is the Murabahah financing contract. The Murabahah financing contract functions to increase the utility of money and capital, as well as the utility of goods. Article 127 of the Compilation of Sharia Economic Law (KHES) allows the seller to request the buyer to provide collateral in the Murabahah contract. Fatwa DSN-MUI No. 03/DSN-MUI/IV/2000 regarding Murabahah permits banks to request collateral from financed customers. This provision aims to ensure that customers are serious about making payments. Based on KHES and the fatwa, banks are allowed to request collateral from customers to protect or ensure that their rights are not violated. In practice, to ensure that customers comply with payments, banks request collateral from customers. This collateral can be movable or immovable property. Collateral in the form of immovable property is called fiduciary collateral. Fiduciary collateral is regulated in Law No. 42 of 1999 concerning Fiduciary Collateral (UUJF). According to Article 5 paragraph 1 of UUJF, the imposition of collateral with fiduciary collateral "must" be made by a notarial deed. With this provision of UUJF, there is a difference. KHES and the fatwa of DSN MUI do not require financing contracts to be made using a notarial deed, while UUJF requires it to be made by a notarial deed. Islamic banks, some of which require financing contracts to be made by a notarial deed, while others do not. The adoption of UUJF in Islamic financing is considered inappropriate because it violates Sharia values. Objectives: (1) Explain the regulations used in Murabahah financing contracts in Islamic banks with fiduciary collateral according to the objectives of legal certainty and utility. (2) Describe the implementation of legal protection for customers using Murabahah financing contracts in Islamic banks with fiduciary collateral according to the objectives of legal certainty and utility. Research Method: Research approach: normative juridical. Research nature: descriptive analysis. Data types: secondary data and primary data. Sample determination technique: purposive sampling. Data collection technique: literature study and interviews. Data analysis technique: interpretation and legal analogy.
Choice Of Forum Dalam Penyelesaian Sengketa Perbankan Syariah Imaniyati, Neni Sri; Badruddin, Badruddin
Jurnal Hukum & Pembangunan Vol. 40, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract
PENERAPAN HUKUM KEBIASAAN SEBAGAI DASAR HUKUM PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL (Studi Putusan: Nomor 233/Pdt.Sus-PHI/2017/PN.Bdg) Adhistianto, Mohamad Fandrian; Imaniyati, Neni Sri; Sundary, Rini Irianti
Jurnal Privat Law Vol 12, No 2 (2024): AGUSTUS-DESEMBER
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v12i2.85314

Abstract

The case that the author will discuss in this article is the decision of the Industrial Relations Court at the Bandung District Court which is registered with case number 233/Pdt.Sus-PHI/2017/PN.Bdg. regarding a dispute of interest regarding the 2017 Basic Salary Increase. The interesting thing in this decision is that the Panel of Judges decided by considering customary law as the legal basis in determining the components and amount of the 2017 Basic Salary Increase. This article is important because it discusses legal issues, namely the regulation customary law in resolving industrial relations disputes and the application of Customary Law in the Industrial Relations Court Decision Number 233/Pdt.Sus-PHI/2017/PN.Bdg. The research method used is normative juridical legal research using a statutory approach, and a case approach. Customary law is known in the process of resolving industrial relations disputes with further regulations regarding customs having to refer to the provisions of Article 1339 and Article 1347 of the Civil Code. The Panel of Judges at the Industrial Relations Court at the Bandung District Court has decided the case registered under number 233/Pdt.Sus-PHI/2017/PN.Bdg. based on customs as stipulated in Article 1347 of the Civil Code.
Co-Authors Adhistianto, Mohamad Fandrian Adinda Mutiara I Ahmad Faizal Adha Alamsyah, Indra Fajar Andinie Zanatine Anggra Yudha Ramadianto Anggra Yudha Ramadianto Anwar Hafidz Amrullah Arham Bima Amantana Arif Firmansyah Asep Hakim Zakiran Badruddin Hsubky Cecep Kusmana Dede Kania Dhody Ananta Rivandi W Dian Prihanto Diana Wiyanti Dikha Anugrah Dini Dewi Heniarti Eman Suparman Erny Kencanawati Fatma Az-zahra Fellisa Shafa Azzahra Felly Faradina Ghinna Annissa Salma Hanifah Purnamasari Hery Widijanto Hesti Dwi Astuti Husni Syawali Idhofi Fahrizal Intan Nurrachmi Jejen Hendar Juarsa, Eka Kamilah, Anita M Faiz Mufidi Makmur Makmur Mentari Nuralya Fahirattunisa Mochamad Arsya Nugraha Mohamad Donie Aulia Muhamad Firhan Fauzan Muhammad Azis Ramdhani Sobari Afiatin Muhammad Ilman Abidin Muhammad Reza Subhan Mustofa Abdul Basir Mustofa Abdul Basir Nandang Sambas Nandiny Pratiwi Ariandi Neni Ruhaeni Nugraha, Ivan Nurhakim, Lukman Ilman Nurrohman Syarif, Nurrohman Panji Adam Agus Putra Pingkan Tirai Meyzha Sastrawinata Rachmat Januardi Tanjung Ratna Januarita Reni Trimelawati Reza Sri Astriyana Riefa Adzany Rimba Supriatna Rimba Supriatna Rimsyahtono Rimsyahtono Rimsyahtono Rini Irianti Sundary Riska Andina Putri Rizal Wiranata Sandi Gunawan Sadda Shendya Rizky Sephiany Sri Pujiastoeti Sri Ratna Suminar Sundari, Rini Irianti Susanto Susanto Syafa Puteri Ananda Tarisya Ramadhania Putri Trimelawati, Reni Viony Yulia Putri Wahyudi Wahyudi WEISHAGUNA WEISHAGUNA Yaumi Sidik Ginanjar Yoghi Arief Susanto Yuzon Sutrirubiyanto Nova Zeis Zultaqawa Zulhendrawan