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All Journal Realism: Law Review Education of Law Journal
Rifki Yustisio
Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice

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KEKUATAN HUKUM BADAN HUKUM YANG BERBENTUK KOPERASI DALAM MENGAJUKAN PERMOHONAN KEPAILITAN Abdullah Widy Asshidiq; Rifki Yustisio; M. Hilmi Miftahzen Reza
Realism: Law Review Vol. 1 No. 2 (2023): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v1i2.18

Abstract

This study aims to determine the legal position of the bankruptcy filing application for business entities in the form of cooperatives. This research is normative-juridical research using a conceptual approach method. The data used are primary, secondary and tertiary data. The results of this study will focus on the mechanism of filing a bankruptcy application by the Ministry of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia (Kemenkop) against cooperatives in Indonesia according to Supreme Court Circular Letter No. 1 of 2022. The results of the study concluded that based on the provisions of the Supreme Court Circular Letter SEMA Number 1 of 2022 concerning Special Civil Procedures governing PKPU and Bankruptcy Mechanisms, explaining that Cooperatives can no longer be filed PKPU and Bankruptcy directly but related to the application for bankruptcy filing against cooperative bankruptcy filings can only be done by the Ministry of Cooperatives
The Transition from Work Contracts to Mining Business Licenses in Indonesian Mining Law: A Critical Analysis of State Control Over Natural Resources Abdullah Widy As-Shidiq; Rifki Yustisio; Zein Ahmad Rayhan
Education of Law Journal Vol. 2 No. 1 (2026): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v2i1.3337

Abstract

This paper analyzes the fundamental shift in Indonesia’s mining law framework from the Contract of Work system to the licensing regime, specifically the Mining Business License (IUP) and the Special Mining Business License (IUPK). Driven by the objectives of optimizing state revenue and accelerating mineral downstreaming, this study examines the underlying rationales, implementation mechanisms, and subsequent implications for the country's fiscal structure and downstreaming obligations. This study adopts a normative legal research method utilizing both statute and case approaches. The results indicate that this paradigm shift aims to strengthen state control and fiscal flexibility under the mandate of Article 33 of the Indonesian Constitution. However, the implementation of downstreaming mandates faces multidimensional regulatory, investment, environmental, and social challenges. Case studies on PT Freeport Indonesia, alongside nickel and coal downstreaming policies, illustrate the practical complexities and systemic impacts of this transition. This study concludes that successfully optimizing state revenue and achieving sustainable downstreaming requires adaptive regulatory strategies, consistent law enforcement, and comprehensive social-environmental impact management.
The use of the DPA concept and the formulation of sanctions as a reform of state loss recovery in cases of corruption by corporations Muhammad Syafiq Wafi; Abdullah Widy As-Shidiq; Rifki Yustisio
Education of Law Journal Vol. 1 No. 1 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i1.1456

Abstract

In the development of the modern justice system, criminalization of corporations has undergone significant changes, one of which is through the Deferred Prosecution Agreement (DPA) approach. This approach reflects a paradigm shift in criminal law enforcement involving three principles of justice: corrective justice, which focuses on the perpetrator; rehabilitative justice, which emphasizes the role of the victim; and restorative justice, which promotes the restoration of relations between the two parties. This research uses normative juridical methods and empirical studies, focusing on anti-corruption handling and asset recovery. The findings of the study show that the DPA provides an opportunity for the prosecution of the corporation to be suspended. Through this concept, lawsuits can be replaced with other forms of liability that are in accordance with the regulations that govern the reimbursement of claims. From an academic perspective, this study aims to formulate a model of the mechanism for preventing corruption crimes by corporations by utilizing DPA. This is expected to be part of legal reform in recovering state losses arising from corporate crimes.
Co-Authors Abdullah Widy As-Shidiq Abdullah Widy Asshidiq M. Hilmi Miftahzen Reza Muhammad Syafiq Wafi Zein Ahmad Rayhan