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All Journal Causa: Jurnal Hukum dan Kewarganegaraan Ius Comparatum: Journal of Law Studies
Nabila Aulia Adek Putri
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Humanities Law, Crime, Criminology & Criminal Justice

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ANALISIS TERJADINYA GAGAL BAYAR PADA KOPERASI SIMPAN PINJAM Fitri Amanda; Nazwa Fatimah Az-Zahra; Nabila Aulia Adek Putri; Dwi Desi Yayi Tarina
Causa: Jurnal Hukum dan Kewarganegaraan Vol. 8 No. 6 (2024): Causa: Jurnal Hukum dan Kewarganegaraan
Publisher : Cahaya Ilmu Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.3783/causa.v8i6.7536

Abstract

Cooperatives are one of the business entities that have long been established and developed in Indonesia. There are many types of cooperatives that have been operating in this country, one of which is a Savings and Loan Cooperative. A Savings and Loan Cooperative (KSP) is a non-bank financial institution engaged in finance with business activities that include accepting deposits and lending money to members. The default experienced by savings and loan cooperatives raises the question of whether this reflects the performance of the Ministry of Cooperatives and SMEs so that it can be considered a failure of the institution. In fact, a cooperative as a business entity should function to help its members save and achieve mutual prosperity. There are two (2) factors that inhibit default in savings and loan cooperatives, namely internal factors and external factors. The Cooperatives Act does not specifically mention legal protection for member deposits. However, the legal protection of member deposits before the problem occurs is seen in the existence of an agreement made by the Cooperative with the Member. If the agreement is not implemented by one of the parties then one of the parties can be sued in court (Article 1243 of the Civil Code).
Comparative Judicial Review of Emergency Declarations in Canada and Indonesia Marcha Jeanne Mawene; Nabila Aulia Adek Putri
Journal of Ius Comparatum Law Studies Vol 2 No 1 (2026): January-April (Constitutionalism and Emergency Powers: A Comparative Study of Leg
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/icjls.v2i1.14893

Abstract

Abstract: This normative legal research examines the structural challenges of judicial review over executive emergency powers by comparing Canada’s Emergencies Act of 1988 and Indonesia’s Government Regulations instead of Laws (Perppu) under Article 22 of the 1945 Constitution. The analysis reveals that Canadian federal courts apply a rigorous reasonableness standard based on strict intelligence thresholds, effectively maintaining constitutional boundaries and providing retroactive remedial relief. Conversely, the Constitutional Court’s judicialization of emergency powers in Indonesia suffers from systemic paralysis. This weakness stems from the strict application of the mootness doctrine when a Perppu is rapidly enacted into law, paired with the prospective nature of the Court’s rulings, which leaves a remedial vacuum for human rights violations. Ultimately, this study argues that Indonesia must reform its procedural framework by decoupling judicial timelines from legislative ratification and introducing interim measures to prevent the normalisation of executive exceptionalism. Keywords: Judicial Review, Emergency Powers, Perppu, Emergencies Act, Comparative Law
Co-Authors Dwi Desi Yayi Tarina Fitri Amanda Marcha Jeanne Mawene Nazwa Fatimah Az-Zahra