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All Journal Sriwijaya Law Review JUSTISI YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) Journal of International Islamic Law, Human Right and Public Policy
Amelia Sri Kusuma Dewi
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Religion Humanities Decision Sciences, Operations Research & Management Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Philosophical Underpinnings of Social Insurance Mechanisms within the Framework of Health Insurance Theta Murty; Sukarmi Sukarmi; Yenny Eta Widyanti; Amelia Sri Kusuma Dewi
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3665.pp303-317

Abstract

Indonesia, as a country that adheres to the concept of a welfare state, seeks to achieve social welfare development by implementing a national social security system, particularly health insurance, managed by the Health Social Security Administration Agency (BPJS). It is regulated in Article 19, paragraph 1 of Law No. 40 of 2004 concerning the National Social Security System (SJSN). The fundamental principles of social insurance include mandatory participation, equitable health coverage, and contributions proportional to income. The philosophical issue at hand is whether implementing health insurance via the social insurance mechanism effectively guarantees the interests of the community while upholding the values of welfare and justice, as prescribed by the concept of the welfare state. This paper analyses the philosophical foundation underlying social insurance as a mechanism for implementing health insurance in Indonesia. This study employs normative research methods, utilising legislation as the analytical starting point. A philosophical examination is necessary to understand why, after a decade of implementing national health insurance, the state's goal of achieving welfare and social justice in health services for Indonesian citizens remains unmet. This analysis seeks to identify new mechanisms to fulfil the goals outlined in Law No. 40 of 2004.
Implementation of The Obligation To Hold Annual Members Meetings of Cooperatives In Gianyar Regency Nuraiti, Ni Kadek; Amelia Sri Kusuma Dewi; Fathul Laila
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.292

Abstract

Although the number of cooperatives continues to increase, challenges such as weak management, lack of training, and lack of professionalism of the supervisory body still hamper the development of cooperatives. In Gianyar Regency, many cooperatives do not hold RATs, resulting in violations of the Cooperative Law and Permenkop Number 19 of 2015 which requires a RAT at least once a year. Data from 2024 shows that 210 of the 877 active cooperatives in Gianyar did not hold a RAT. This study aims to identify deviations and their impacts as well as the responsibility of management for not holding a RAT. The implementation of the Annual Members Meeting (RAT) of cooperatives in Gianyar Regency is still ineffective due to weak internalization of legal norms, low awareness of management and members, and structural, technical, and cultural obstacles. This ineffectiveness shows that cooperative legal regulations are not optimal due to a lack of commitment and a strong legal culture. To overcome this, it is necessary to strengthen supervision by the Cooperative Service, technical training, development of digital systems, reformulation of educational sanctions, and increasing the internal capacity of cooperatives. With synergy between the government, cooperatives, and the community, the RAT can become a culture of democratic and accountable governance in accordance with legal and cooperative values.
Analysis of the Implementation of ATR/BPN Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents Wilfi, Vania; Amelia Sri Kusuma Dewi; Dyah Widhiawati
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4373

Abstract

The aim of this study is to determine and analyze how the implementation of Article 14 Paragraph (2) of Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 3 of 2023 concerning the issuance of electronic documents related to virtual legal data research conducted at the ATR/BPN Office in Malang City is carried out, as well as the obstacles and efforts made by the BPN in Malang City in facing obstacles in legal data research. The method used in this study is a sociological approach to law, where law is viewed not merely as written rules but as a living and evolving social institution within society. The novelty of this research lies in its attempt to highlight how the implementation of virtual legal data research activities in land registration, as regulated by Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 6 of 2018 on Systematic Land Registration (PTSL), is carried out, particularly in Malang City. The results of this study are based on the research object, which focuses on specific research variables related to the implementation of legal data research in systematic land registration in Malang City. This study seeks to examine and analyze the challenges and efforts made by the ATR/BPN Office in Malang City in implementing legal data research in systematic land registration. The concludes that the implementation of virtual legal data research in the PTSL program still faces various obstacles, such as the absence of technical guidelines, limited human resources, technical constraints, and data inconsistencies. Improvement efforts are being made through enhancing the quality of personnel, collaborating with villages, and conducting evaluations and socialization. This study recommends that the Ministry of ATR/BPN evaluate relevant regulations and promote increased legal awareness and administrative order in land matters among the public.
LEGAL IMPLICATIONS OF REGULATIONS CONCERNING LEGAL LIABILITY OF DIRECTORS OF STATE-OWNED ENTERPRISES FOLLOWING THE THIRD AMENDMENT TO LAW NUMBER 19 OF 2003 CONCERNING STATE-OWNED ENTERPRISES Shafira Sheffy R. R; Reka Dewantara; Amelia Sri Kusuma Dewi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4297

Abstract

The third amendment to Law Number 19 of 2003 concerning State-Owned Enterprises (SOEs) is a response to the need to strengthen state corporate governance and increase the effectiveness of SOEs' role in the national economy. However, this regulatory change also has legal implications for the construction of the legal accountability of SOE directors, particularly in their position as state corporate organs that carry out fiduciary duties but still face the regime of state financial law and criminal law. This study aims to analyse how these regulatory changes affect the limits of directors' responsibility in making business decisions, as well as assess the relevance of applying the business judgment rule principle as an instrument of legal protection for directors. The research method used is normative juridical with a statutory approach, a conceptual approach, and a case approach. The results show that although the legal changes provide reinforcement to the principles of professionalism and independence of directors, there is still a disharmony of norms between the corporate legal regime and the state administrative law regime and criminal law, particularly regarding the interpretation of the element of "state loss" in corruption crimes. This condition has the potential to create legal uncertainty and over-criminalization of directors' business decisions made in good faith. Therefore, a reconstruction of the legal framework governing SOE directors’ accountability is required through legislative harmonization and law enforcement guidelines that consistently position SOEs as private legal entities in their business activities.
TRANSPARENCY OF BPI DANANTARA IN MANAGING THE DIVIDENDS OF STATE-OWNED ENTERPRISES Zita Humairoh; Reka Dewantara; Amelia Sri Kusuma Dewi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.178

Abstract

The transformation of Indonesian State-Owned Enterprises (SOEs) through the establishment of the Danantara Investment Management Agency (BPI Danantara) marks a paradigm shift toward a Sovereign Wealth Fund (SWF) model. This research aims to analyze the transparency mechanisms of dividend management under the framework of Law No. 16 of 2025 concerning SOEs, specifically in mitigating the risk of "financial contagion" caused by high-debt strategic projects such as the Jakarta-Bandung High-Speed Railway (Whoosh). Using a normative legal research method with a case study approach, this study examines the legal protections provided by the new regulation against the improper use of dividends to bail out distressed entities. The results of this study indicate that Law No. 16/2025 establishes a "legal firewall" that separates state-separated assets for investment purposes from public service obligations. The study concludes that BPI Danantara’s commitment to allocating dividends solely for productive reinvestment is a crucial manifestation of fiduciary duty. Furthermore, the adoption of international reporting standards, such as the Santiago Principles, is essential to ensure that SOE profits are utilized for long-term national capital accumulation rather than as a non-transparent instrument for debt restructuring of inefficient projects.
Co-Authors Dyah Widhiawati Fathul Laila Nuraiti, Ni Kadek Reka Dewantara Shafira Sheffy R. R Sukarmi Sukarmi Theta Murty Wilfi, Vania Yenny Eta Widyanti Zita Humairoh