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All Journal Sriwijaya Law Review Jurnal Akta JUSTISI International Journal of Business, Economics, and Social Development YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Amelia Sri Kusuma Dewi
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education 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 Certainty Regarding The Obligation of Court Clerks to Notify The Appointment of Guardianship to The Balai Harta Peninggalan Zulfa Zahara Imtiyaz; Rachmi Sulistyarini; Amelia Sri Kusuma Dewi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 3 (2026)
Publisher : CV. RADJA PUBLIKA

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

Abstract

This article examines the issue of legal certainty concerning the regulation of notification of guardianship appointments to the Balai Harta Peninggalan within the Indonesian legal system. Such notification constitutes an essential legal mechanism to ensure the protection of children, particularly with respect to the management and supervision of their property. Despite its significance, the notification mechanism has not been regulated in a comprehensive and uniform manner, especially within the framework of procedural law. Employing normative legal research, this study analyzes the normative construction of the obligation of court clerks to notify the Balai Harta Peninggalan and assesses its implications for legal certainty. The research applies statutory and case-based approaches by examining the Indonesian Civil Code, the Compilation of Islamic Law, the Marriage Law, relevant legislation, and selected court determinations. The analysis demonstrates the existence of divergent legal regimes governing guardianship between General Courts and Religious Courts. In the General Court system, the Civil Code recognizes the Balai Harta Peninggalan as a supervisory guardian, however, it does not provide explicit procedural provisions mandating notification by court clerks. Conversely, guardianship cases adjudicated by Religious Courts are based on the Compilation of Islamic Law and the Marriage Law, neither of which regulates supervisory mechanisms involving the Balai Harta Peninggalan, thereby creating a legal vacuum. This normative fragmentation undermines legal certainty and results in unequal legal protection for children placed under guardianship. Accordingly, this article argues that the enactment of a Supreme Court Regulation is necessary to harmonize guardianship procedures, explicitly regulate the obligation to notify the Balai Harta Peninggalan, and strengthen legal certainty as well as the protection of children’s rights in accordance with constitutional principles. Keywords : Legal Certainty, Court Clerks, Guardianship, Balai Harta Peninggalan.
Legal Certainty in the Regulations Regarding the Prohibition of Notaries from Serving as Leader of Private Business Entities Yuni Aisyatun Nailah; Amelia Sri Kusuma Dewi; Diah Aju Wisnuwardhani
International Journal of Business, Economics, and Social Development Vol. 6 No. 3 (2025): International Journal of Business, Economics, and Social Development (IJBESD)
Publisher : Rescollacom (Research Collaborations Community)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46336/ijbesd.v6i3.1022

Abstract

Legal certainty in a regulation will create order. If every individual or law enforcer can interpret a regulation properly and clearly, then a regulation will run as it should. One of the prohibitions stipulated in Article 17 paragraph (1) letter f UUJN is the prohibition for notaries to hold concurrent positions as leaders of private business entities. The concept of a leader in various types of private business entities covers a broad role, from strategic decision-making to operational management. Interpretations of who is considered a "leader" can vary depending on the structure and characteristics of the business entity. This ambiguity creates room for multiple interpretations in the implementation of the prohibition against notaries. The involvement of notaries in leadership positions can threaten their independence or create potential conflicts of interest. This provision contains significant ambiguity in the definition of "leader of a private business entity," thus creating legal ambiguity. Legal ambiguity occurs when a legal regulation does not provide a clear and detailed definition or provision regarding a concept or term used, thus creating difficulties in its application and interpretation. This ambiguity causes legal uncertainty that is contrary to the basic principles of the formation of laws and regulations.
Notarial Liability in Apartment Pre-Sale and Purchase Agreements: Consumer Protection and Legal Certainty Desyanti Desyanti; Hanif Nur Widhiyanti; Amelia Sri Kusuma Dewi
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.51798

Abstract

Apartment Sale and Purchase Binding Agreements (PPJB) drafted by notaries are frequently executed without satisfying the prerequisites stipulated under Article 43 of Law No. 20 of 2011 on Flats (Apartment Law), which requires certainty of land status, Building Construction Permit (IMB), infrastructure availability, and a minimum construction completion of 20% prior to marketing. This normative juridical research analyses legal certainty and consumer protection in the execution of apartment PPJBs drafted by notaries, employing statutory, conceptual, and case approaches. The study finds that notaries bear an implicit obligation to verify the fulfilment of legal prerequisites as a consequence of the due diligence principle enshrined in Article 16 paragraph (1) letter (a) of the Notary Profession Law (UUJN). Notarial negligence gives rise to civil, administrative, criminal, and moral-ethical liability. Furthermore, the existing consumer protection legal framework does not provide adequate substantive protection owing to weak supervision, deficient sanction enforcement, and inadequate recovery mechanisms. The study recommends a comprehensive legal reconstruction encompassing: the establishment of a marketability certification system, explicit affirmation of notarial verification obligations within the UUJN, strengthened sanctions for developers, the creation of a consumer protection guarantee fund for the property sector, and enhanced institutional capacity of the Consumer Dispute Settlement Agency (BPSK) and courts in handling property consumer disputes.
Co-Authors Desyanti Desyanti Diah Aju Wisnuwardhani Dyah Widhiawati Fathul Laila Hanif Nur Widhiyanti Nuraiti, Ni Kadek Rachmi Sulistyarini Sukarmi Sukarmi Theta Murty Wilfi, Vania Yenny Eta Widyanti Yuni Aisyatun Nailah Zulfa Zahara Imtiyaz