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All Journal Jurnal Multidisiplin Madani (MUDIMA) Formosa Journal of Sustainable Research (FJSR)
Gunati, Mira
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Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Social Sciences

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Position of Electronic Agreements (E-Contract) in Emaster Online Arisan as Evidence in Civil Procedure Law Saputra, Ade Rizki; Gunati, Mira; Faisal, Ryan
Jurnal Multidisiplin Madani Vol. 5 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v5i1.13593

Abstract

In the digital era, the internet has significantly transformed various aspects of life, including financial systems and social interactions. One notable change is the shift from traditional face-to-face arisan (a rotating savings and credit association) to online arisan facilitated through social media platforms and electronic banking. This study examines the legal validity of electronic agreements (e-contracts) in online arisan, focusing on the case of Emaster Online Arisan as evidence in civil procedure law, particularly in Decision No. 41/Pdt.G/2021/PN Pwd. The research employs a normative legal approach, analyzing the Indonesian Civil Code, Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE), and relevant case law. The findings indicate that online arisan agreements, even if not formally documented, are legally binding as long as they meet the requirements stipulated in Article 1320 of the Civil Code, which includes the agreement of the parties, legal capacity, a specific object, and a lawful cause. The study concludes that electronic agreements are recognized and protected under Indonesian law, and the court's decision in the Emaster case underscores the principle of pacta sunt servanda, ensuring that parties must fulfill their contractual obligations
Legal Protection of Coastal Community Rights in the Development of the Indah Kapuk 2 Beach Area: An Agrarian Law Perspective Haspada, Deny; Juli Asril; Ryan Faisal; Saputra, Ade Rizki; Herdiyanti, Siti Handayani; Gunati, Mira; Mardiansah, Songgi
Jurnal Multidisiplin Madani Vol. 5 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v5i1.13718

Abstract

Coastal development projects, such as Pantai Indah Kapuk 2 (PIK 2), have createdsignificant legal and social challenges for long-established coastal communities.This study aims to analyze the legal protection of coastal communities' rights in thedevelopment of PIK 2 from the perspective of agrarian law. Using a normativejuridical method and qualitative analysis, the study reveals a gap between existingregulations and the implementation of coastal community rights protection. Landconflicts emerge as a major issue due to unclear land ownership status and weakcompensation mechanisms implemented by developers. Furthermore, the lack ofcommunity participation in planning processes exacerbates the socio-economicimpacts they experience. Compensation mechanisms tend to focus solely oneconomic value without considering the social and cultural aspects inherent incoastal communities. This study highlights the need for policy reforms in protectingcoastal community rights, including strengthening regulations, ensuringtransparency in compensation mechanisms, and increasing community involvementin decision-making processes. More equitable and sustainable policyimplementations are expected to create a balance between development interests andthe protection of coastal community rights
Non-litigation Settlement of Domestic Violence Cases with Alternative Criminal Case Resolution (Study in Segaran Village, Batujaya Karawang District) Saputra, Ade Rizki; Gunati, Mira; Wartawan, W.; Kurniati, Hj. Yeti; RAS, Hj. Hernawati
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9073

Abstract

This research investigates the process of resolving cases of domestic violence (KDRT) in a non-litigation manner with alternative resolution of criminal cases in Segaran Village, Batujaya District, Karawang. A qualitative approach is used to understand the dynamics of conflict, the factors that influence resolution, and the effectiveness of the process. Through in-depth interviews and participatory observation, the research results highlight the importance of community involvement, inter-institutional collaboration, and community understanding of domestic violence. These findings contribute to the development of more effective and sustainable conflict resolution strategies at the local level
Legal Politics in the 2024 Election Era in Indonesia Saputra, Ade Rizki; Gunati, Mira; Miliyandra, Miliyandra; Firsanti, Ery Rachma; Haryono, Tri Agus
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9074

Abstract

This study investigates legal politics in the 2024 election era in Indonesia with a focus on changes in regulations and decisions of judicial institutions that affect integrity, transparency and fairness in the general election process. By analyzing the development of legal politics during the election, this research aims to understand its impact on the foundations of democracy in Indonesia. The research methods used include document analysis, case studies, and interviews with relevant stakeholders. The results of the study highlight the important role of Constitutional Court decisions in shaping electoral legal politics, as well as the challenges and opportunities in realizing honest, fair and transparent general elections in the future
Alleged Violation of Article 29 of Law Number 5 of 1999 Jo. Article 5 Government Regulation Number 57 of 2010 Regarding Late Notification of Takeover (Acquisition) of Asian Trails Holding Ltd. Shares. By Travel Circle International (Mauritius) Ltd. Decision: 22/Kppu-M/2020 Gunati, Mira; Tri Agus Haryono; Mijan; Yogi Angistya Tamara; Santoso, Edi
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9112

Abstract

Delay in notification of takeover of shares of Asian Trails Holding Ltd. (ATHL) by Travel Circle International (Mauritius) Ltd. (TCI) to the Business Competition Supervisory Commission (KPPU) triggering fines and raising concerns about business competition practices and fairness in the Asian tourism market. This article analyzes the factors that cause notification delays, their implications for the market, and the steps needed to prevent the recurrence of similar cases. The analysis results show that delays are caused by a combination of factors, including misunderstanding of regulations, transaction complexity, lack of internal understanding, and less than optimal communication with KPPU. This delay has the potential to trigger regulatory violations, competitive disruption, uncertainty and injustice, which can have a negative impact on consumers, business actors and the economy as a whole. Therefore, joint efforts are needed from relevant authorities, business actors and civil society to strengthen business competition law enforcement, increase regulatory awareness and build a transparent, accountable and fair tourism market ecosystem
Restorative Justice Approach to the Juvenile Criminal Justice System in Indonesia Saputra, Ade Rizki; Gunati, Mira; Haryono, Tri Agus; Kurniati, Yeti; RAS, Hernawati
Formosa Journal of Sustainable Research Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i6.10506

Abstract

The restorative justice (RJ) approach in the juvenile criminal justice system in Indonesia offers an alternative solution that focuses on the rehabilitation and social reintegration of children in conflict with the law. This article discusses the implementation of RJ, the challenges faced, and solutions that can be sought to overcome these obstacles. Using descriptive qualitative methods, this research highlights the importance of training for legal officers, adequate resource allocation, outreach campaigns, and the formation of effective networks as strategic steps in strengthening RJ in Indonesia
Settlement of Investment Disputes Based on the Bilateral Investment Treaty through Arbitration of the International Centre for Settlement of Investment Disputes (Case Study of Rafat Ali Rizvi vs. the Republic of Indonesia) Saputra, Ade Rizki; Gunati, Mira; Faisal, Ryan; Mardiansah, Songgi; Wiradirja, Imas Rosidawati; Pranadita, Nugraha
Formosa Journal of Sustainable Research Vol. 3 No. 11 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i11.12226

Abstract

This study discusses foreign investment disputes involving Indonesia in international arbitration forums, particularly under the jurisdiction of ICSID (International Centre for Settlement of Investment Disputes). The main focus of this study is on the interpretation of the provisions of Article 2 paragraph (1) in the Indonesia-UK Bilateral Investment Treaty (BIT), which regulates the conditions for the entry of foreign investment in Indonesia. In the Rafat Ali Rizvi case, the arbitration panel decided that the process of entering investment that does not comply with the provisions of the Foreign Investment Law (UU PMA) cannot be included in the scope of the BIT. This study provides important recommendations for Indonesia in re-evaluating the provisions in each BIT involving Indonesia, as well as conducting further studies on ICSID arbitration decisions to understand the interpretation of BIT articles related to jurisdiction and the subject matter. Thus, this study aims to strengthen Indonesia's position in facing investment disputes at the international level
Co-Authors Asril, Juli Edi Santoso Faisal, Ryan Firsanti, Ery Rachma Haryono, Tri Agus Haspada, Deny Herdiyanti, Siti Handayani Hernawati RAS Mardiansah, Songgi Mijan Miliyandra, Miliyandra Pranadita, Nugraha RAS, Hj. Hernawati Rosidawati Wiradirja, Imas Ryan Faisal Saputra, Ade Rizki Tri Agus Haryono Wartawan, W. Yeti Kurniati Yogi Angistya Tamara