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All Journal Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan LAWPASS
Idris, Kholik
Unknown Affiliation
Arts Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Economic Analysis of the Law on Execution of Fiduciary Guarantees After the Constitutional Court Decision Mulyani, Sri; Irianto, Sigit; Erwin Isharyanto, Johan; Idris, Kholik; Santoso, Budi; Fahrurrozie Hidayat, Arief; Akkapin, Supaphorn
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

Under Article 29(1) of Law No. 42 of 1999 on Fiduciary Guarantees (UUJF), the execution of fiduciary collateral objects may only proceed through an executorial title. Creditors, as holders of fiduciary collateral certificates, possess the right to directly execute the collateral if the debtor defaults, as stipulated in Article 15 paragraphs 2 and 3 of the UUJF. This provision formed the basis for a debtor’s petition to the Constitutional Court, resulting in Decision No. 18/PUU-XVII/2019, which favored the debtor by mandating that creditors must execute collateral through the court rather than directly. Subsequently, creditors appealed, leading to Decision No. 2/PUU-XIX/2021, which allowed execution through the District Court as an alternative. This research explores the economic analysis of these legal changes, addressing two primary questions: (1) How does economic analysis of law apply to the execution of fiduciary collateral post-Constitutional Court rulings? (2) Can fiduciary collateral execution be effectively carried out under the Constitutional Court’s decisions? Utilizing Richard A. Posner’s economic analysis of law framework, this empirical normative study employs qualitative methods to assess statutory and case law. The findings indicate that Decision No. 2/PUU-XIX/2021 aligns more closely with economic efficiency compared to Decision No. 18/PUU-XVII/2019. However, the inconsistency between these rulings increases costs and legal uncertainty, adversely affecting the broader economy by complicating credit facilities for businesses.
Characteristics and Competencies of DPRD Members to Support Good Governance in the Region Idris, Kholik
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.62

Abstract

This paper aims to examine the characteristics and competencies of members of the Regional Representatives Council (DPRD) in supporting good governance in the region. This research uses a normative juridical method with a document study approach as a data collection technique. The main focus of the research is on the characteristics, competencies, and behavioural patterns of DPRD members required to support the principles of good governance, such as transparency, accountability, and community participation. The results show that the ideal DPRD member must have high integrity, good communication skills, and a deep understanding of public policy. In addition, open and inclusive communication behaviour patterns and the use of information technology are essential to increase public participation in the legislative process. The findings are expected to provide recommendations for improving the quality of DPRD members in carrying out their functions and encouraging active community participation in public decision-making.
CHARACTERISTICS AND COMPETENCIES OF DPRD MEMBERS TO SUPPORT GOOD GOVERNANCE IN THE REGION Idris, Kholik; Rattanapun, Supot
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 1 (2024)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i1.2495

Abstract

This paper aims to examine the characteristics and competencies of members of the Regional Representatives Council (DPRD) in supporting good governance in the region. This research uses a normative juridical method with a document study approach as a data collection technique. The main focus of the research is on the characteristics, competencies, and behavioural patterns of DPRD members required to support the principles of good governance, such as transparency, accountability, and community participation. The results show that the ideal DPRD member must have high integrity, good communication skills, and a deep understanding of public policy. In addition, open and inclusive communication patterns and the use of information technology are essential to increase public participation in the legislative process. The findings are expected to provide recommendations for improving the quality of DPRD members in carrying out their functions and encouraging active community participation in public decision-making.
Co-Authors Akkapin, Supaphorn Dwi Budi Santoso Erwin Isharyanto, Johan Fahrurrozie Hidayat, Arief Rattanapun, Supot Sigit Irianto Sri Mulyani