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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Trunojoyo Law Review
Sakinah, Zurria
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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The Limitation of KPK’s Authority over BUMN Officials: Legal, Theoretical, and Institutional Implications Pamungkas, Bayu Tri; Sakinah, Zurria
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.57959

Abstract

This study explores the legal and institutional consequences of limiting the authority of the Corruption Eradication Commission (KPK) in prosecuting corruption cases involving State-Owned Enterprises (BUMN), particularly after the enactment of Law No. 1 of 2025 and Law No. 19 of 2019. Using a normative juridical method that incorporates statutory analysis, conceptual frameworks, and relevant case studies, the research highlights a significant shift in the legal status of BUMN directors and commissioners. By no longer recognizing them as state administrators, the law effectively reduces the KPK's oversight capabilities and creates a potential legal vacuum. This shift poses a risk of enabling undetected corruption in strategic sectors of the economy and undermines public confidence in anti-corruption institutions. To bridge legal interpretation and institutional practice, this study draws from the theory of authority and institutional effectiveness. It emphasizes the need for clearer legal definitions and coherence in regulatory design. As a policy recommendation, the study calls for the revision of existing laws to restore the KPK’s functional oversight over BUMN officials and proposes a renewed interpretation of “state administrator” to align with anti-corruption objectives.
Indonesia’s Strategic Legal and Economic Response to the US–China Trade War: Implications for Global Value Chains, Foreign Investment and MSMEs Sakinah, Zurria; Muzaffar, Mumtaz; Raihan, Maudy Farras
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.30350

Abstract

This study aims to analyse Indonesia’s legal and economic responses to the global trade tensions triggered by the United States–China tariff war, with a particular focus on their impact on Indonesia’s export-import structure, supply chain efficiency, and foreign direct investment (FDI) inflows. Employing a normative juridical method, supported by a policy and law-and-economics approach, this research examines international trade law frameworks, ratified agreements, and national policies in the context of global disruptions. The findings reveal that Indonesia, while not directly involved in the tariff conflict, has been significantly affected through rising production costs, decreased export competitiveness, and increased vulnerability of Micro, Small, and Medium Enterprises (MSMEs) in sectors such as textiles. Although trade agreement ratifications (e.g., RCEP, AFTA) offer strategic potential, bureaucratic inefficiencies and legal uncertainty continue to hinder optimal implementation. The study concludes that while Indonesia has adopted several adaptive measures such as market diversification, import substitution, and investment law reforms, structural challenges remain. To strengthen its role in global supply chains and enhance long-term resilience, Indonesia must integrate trade policy with regulatory enforcement, infrastructure development, and MSMEs empowerment. Recommendations include harmonising national trade regulations with international standards, optimising trade agreement benefits, and ensuring policy consistency across sectors.
Legal Certainty in the Exercise of Sanctioning Authority by the Notary Supervisory Council under the Indonesian Notary Office Act Qolbi, M. Luthvi; Sakinah, Zurria
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.65405

Abstract

This study examines legal certainty in the exercise of sanctioning authority by the Notary Supervisory Council under the Indonesian Notary Office Act (UUJN). The Council—comprising the Regional Supervisory Council (MPD), the Provincial Supervisory Council (MPW), and the Central Supervisory Council (MPP) is entrusted with preventive and repressive supervisory powers, including examining alleged violations and imposing administrative sanctions. However, ambiguities in the scope and coordination of sanctioning authority have led to inconsistent enforcement practices and raised concerns regarding legal certainty. Previous studies mainly examine supervisory structure, but rarely analyze sanction enforcement from a legal certainty perspective. Using a normative juridical method with statutory and conceptual approaches grounded in legal certainty theory, this research evaluates the coherence of the regulatory framework governing sanctions. This article argues that overlapping authority, procedural complexity, and interpretative inconsistencies weaken the principle of legal certainty and potentially affect both notarial protection and public trust. Strengthening regulatory clarity and institutional coordination is therefore essential to ensure consistent, proportional, and legally certain sanction enforcement.
Co-Authors Muzaffar, Mumtaz Pamungkas, Bayu Tri Qolbi, M. Luthvi Raihan, Maudy Farras