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All Journal Media Hukum Indonesia (MHI)
Sembiring, Nirindah Daniella
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Law, Crime, Criminology & Criminal Justice

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Yayasan Sebagai Entitas Hukum Dalam Konteks Perdagangan Yayasan Aksi Cepat Tanggap dan Dampaknya Terhadap Mitra Bisnis di Indonesia Stevani, Frisca Adelia; Silalahi, Riovaldi Paruntungan; Sembiring, Nirindah Daniella; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Foundation is a legal entity recognized in the Indonesian legal system, with the main purpose of conducting activities in the social, humanitarian and religious fields. Although foundations are not profit-oriented entities, laws and regulations provide opportunities for foundations to own and run businesses, provided that all profits are used to achieve the foundation's objectives. However, problems arise when foundations abuse their position and status, such as what happened to the Aksi Cepat Tanggap (ACT) Foundation, which stumbled upon a scandal of misuse of public funds. This case had a significant impact on the business ecosystem in Indonesia, especially business partners affiliated with the foundation. This article aims to examine the role of foundations in the context of commercial law in Indonesia, particularly by highlighting the legal aspects governing foundations as non-profit entities engaged in commercial activities. The case study of ACT Foundation is used to analyze the impact of the scandal on its business partners, including aspects of trust, reputation, as well as corporate social responsibility (CSR). In addition, this article also discusses the importance of implementing good foundation governance, such as transparency and accountability, in collaborating with the business sector. With a multidisciplinary approach that includes legal, economic, and management perspectives, this article provides a comprehensive overview of how a foundation can affect its business partners when governance violations occur, as well as the legal implications in the context of trade in Indonesia. 
Penyelesaian Sengketa Penyalahgunaan Keadaan dalam Perjanjian Kawin: Antara Wanprestasi dan Perbuatan Melawan Hukum dalam Putusan No 3/Pdt./2015/PN.Sos Silalahi, Riovaldi Paruntungan; Sembiring, Nirindah Daniella; Putri, Nabila Aulia Adek; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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This research discusses a case of misuse of circumstances (misbruik van omstandigheden) in an agreement, as occurred in District Court Decision Number 3/Pdt./2015/PN.Sos between Rugaya Hadadi (Plaintiff) and Achmad Zulfikar (Defendant). This study aims to analyze the judge's consideration in deciding the case as well as the legal consequences of the cancellation of the agreement due to misuse of circumstances. Using normative juridical research methods, the results show that this case is not a default, but a form of misuse of circumstances that causes the agreement to be canceled. The legal consequences of canceling the agreement are the restoration of the injured party's right to file a claim for compensation and the obligation of the party who has received the performance to return it. These findings emphasize the importance of the role of judges in assessing the validity of an agreement based on the principles of freedom of contract and good faith in order to prevent injustice in the practice of agreement law in Indonesia.
Efektivitas Penyelesaian Sengketa Hasil Pemilihan Umum oleh Mahkamah Konstitusi dalam Menanggapi Batas Waktu dan Banyaknya Perkara Pitaloka, Putri Galuh; Hadi, Rival Mahesa Fauzan; Sembiring, Nirindah Daniella; Tampubolon, Toby Samuel; Marsal, Irsyaf
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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The handling of election result disputes by the Constitutional Court is a crucial part of maintaining the integrity and legitimacy of the democratic process in Indonesia. The dispute resolution mechanism has been regulated in detail in laws and regulations, including the Constitutional Court Law and other technical regulations. This procedure includes the stages of filing an application, preliminary examination, evidence, and a final and binding decision, with the principle of legal certainty and substantive justice as the main foundation. The effectiveness of the Constitutional Court in resolving election result disputes is highly dependent on its ability to comply with the time limit set by law, namely 14 working days since the application is recorded in the Constitutional Case Registration Book (BRPK). This study shows that in general the Constitutional Court has been able to resolve cases within the specified time, although there are challenges related to limited examination time and the complexity of the cases. Compliance with this time limit demonstrates the professionalism of the Constitutional Court, but also requires optimal administrative and human resource readiness. In facing the surge in the number of cases, especially in simultaneous elections, the Constitutional Court faces a major challenge in maintaining efficiency without ignoring the principle of justice. The strategies implemented include strengthening the case management system, using information technology, and a collective collegial approach in decision-making.  Although the high workload may affect the depth of analysis, the Constitutional Court strives to maintain the quality of its decisions by maintaining independence and objectivity. Thus, the Constitutional Court plays an important role in responding to the dynamics of electoral democracy quickly, fairly, and constitutionally
Co-Authors Dwi Desi Yayi Tarina Hadi, Rival Mahesa Fauzan Marsal, Irsyaf Pitaloka, Putri Galuh Putri, Nabila Aulia Adek Silalahi, Riovaldi Paruntungan Stevani, Frisca Adelia Tampubolon, Toby Samuel