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NUCLEAR THREAT IN INDONESIA’S SOVEREIGN RIGHTS IMPACTED BY THE AUKUS AGREEMENT Fikri, Ahmad; Maaggazing, Fernand Faktur Daeng; Danial, Danial; Rohani, Aceng Asnawi; Aslamiyah, Mujadiddah; Mohas, Muhyi
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4045

The AUKUS agreement, a trilateral pact between Australia, the United Kingdom, and the United States, has increased tensions between Indonesia and Australia. The deal focuses on enhancing defense capabilities, particularly by developing nuclear-powered submarines. This has broader geopolitical implications for the Asia-Pacific region and affects bilateral relations between Indonesia and Australia. The two countries have historically shared strong economic ties and cooperation in various sectors but have also faced disagreements, particularly regarding issues like West Papua and regional security alignments. Indonesia views Australia's participation in AUKUS as potentially increasing foreign military presence in the region, raising concerns about sovereignty and maritime security. The focus on nuclear submarines also raises legal and environmental considerations under international maritime law, particularly concerning exclusive economic zones (EEZs) and resource sovereignty. With the world's largest maritime territory, Indonesia emphasizes adherence to UNCLOS and calls for dialogue to manage these tensions peacefully. Some perceive the AUKUS alliance as a response to balance China's growing power, but this polarizes regional perspectives, with Southeast Asian nations expressing mixed reactions ranging from support to apprehension. The alliance's implications extend beyond military capability enhancement to include technological cooperation and regional stability efforts. In conclusion, AUKUS aims to bolster security and technological advancement in the Indo-Pacific. Still, its implementation requires careful navigation of legal, environmental, and geopolitical complexities to mitigate potential regional tensions and uphold international norms.

ANALISIS PERBANDINGAN HUKUM PERDATA INTERNASIONAL DAN HUKUM ISLAM KONTEMPORER TERHADAP TRANSAKSI VALUTA ASING : A Comparative Study of International Civil Law and Contemporary Islamic Law Aslamiyah, Mujadiddah; Falah, Nabilah; Paqih, Ibnu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55817

Foreign currency transactions in Indonesia are regulated by Law of the Republic of Indonesia Number 7 of 2011 concerning Currency, which makes the Rupiah the only legal tender in Indonesia, with exceptions for certain transactions such as international trade and foreign exchange transactions conducted through banks authorized by Bank Indonesia. This study was a normative juridical with a comparative approach that intended to compare two views of private international law and contemporary Islamic law through secondary data sources. The results of the study indicated that in private international law, foreign exchange transactions were regulated by freedom of contract, which limited the application of international legal norms. On the other hand, in Islamic Law, foreign exchange transactions must be carried out with the principle of justice and avoid practices involving usury, maysir (speculation), and gharar (uncertainty). Islamic law recommends that transactions be carried out in cash (spot), which is in accordance with sharia provisions to avoid prohibited speculative elements. Although these two legal systems have different approaches, both aim to ensure fair transactions by applicable provisions. Therefore, in practice, foreign exchange transactions must meet the principles of transparency, fairness, and compliance with existing regulations, both in the national legal system and Islamic law, to avoid practices that are detrimental and inconsistent with applicable laws.

NUCLEAR THREAT IN INDONESIA'S SOVEREIGN RIGHTS IMPACTED BY THE AUKUS AGREEMENT Fikri, Ahmad; Maaggazing, Fernand Faktur Daeng; Danial, Danial; Rohani, Aceng Asnawi; Aslamiyah, Mujadiddah; Mohas, Muhyi
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4045

The AUKUS agreement, a trilateral pact between Australia, the United Kingdom, and the United States, has increased tensions between Indonesia and Australia. The deal focuses on enhancing defense capabilities, particularly by developing nuclear-powered submarines. This has broader geopolitical implications for the Asia-Pacific region and affects bilateral relations between Indonesia and Australia. The two countries have historically shared strong economic ties and cooperation in various sectors but have also faced disagreements, particularly regarding issues like West Papua and regional security alignments. Indonesia views Australia's participation in AUKUS as potentially increasing foreign military presence in the region, raising concerns about sovereignty and maritime security. The focus on nuclear submarines also raises legal and environmental considerations under international maritime law, particularly concerning exclusive economic zones (EEZs) and resource sovereignty. With the world's largest maritime territory, Indonesia emphasizes adherence to UNCLOS and calls for dialogue to manage these tensions peacefully. Some perceive the AUKUS alliance as a response to balance China's growing power, but this polarizes regional perspectives, with Southeast Asian nations expressing mixed reactions ranging from support to apprehension. The alliance's implications extend beyond military capability enhancement to include technological cooperation and regional stability efforts. In conclusion, AUKUS aims to bolster security and technological advancement in the Indo-Pacific. Still, its implementation requires careful navigation of legal, environmental, and geopolitical complexities to mitigate potential regional tensions and uphold international norms.

Corporate Compliance with Acquisition Notification Obligations to the KPPU: A Legal Review of Article 29 of Law No. 5 of 1999 (Case Study of TikTok Nusantara – Tokopedia) Aslamiyah, Mujadiddah; Falah, Nabilah; Gunawan, M Safaat; Paqih, Ibnu
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 2 (2025): The Digest, December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.36760

The notification of a company acquisition based on Article 29 of Law No. 5 of 1999 concerning Prohibition of Monopoly and Unfair Business Competition is an obligation that must be fulfilled by business actors. In January 2024, TikTok Nusantara (SG) Pte. Ltd acquired shares in the company PT Tokopedia, Tbk, which resulted in an obligation to report or notify the Business Competition Supervisory Commission (KPPU) of the purchased shares. However, based on KPPU Decision Number 02/KPPU-M/2025, there was a delay in notification from TikTok Nusantara (SG) Pte. Ltd as the acquiring party to the KPPU. The cross-border transaction involving the Big Tech entity resulted in administrative sanctions in the decision. However, in its defense as mentioned in the decision, the acquiring party stated that it had submitted a post-acquisition notification, but the reporting party was its parent company, TikTok Pte. Ltd, so the KPPU considered that there was a violation related to the legal entity obliged to submit the notification, particularly in the context of using a foreign Special Purpose Vehicle (SPV) as the acquiring entity. The main issue lies in the ambiguity of the identity of the party considered to be the acquiring party’s legal entity, and the effective time of the transaction used as the basis for calculating the notification deadline. This study uses a normative juridical method with a case approach to KPPU Decision Number 02/KPPU-M/2025. The unclear legal status of SPVs in multinational corporate structures has the potential to create legal uncertainty and hamper the effectiveness of market concentration supervision in the digital sector.

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