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All Journal Arena Hukum Jambura Law Review Al-battar: Jurnal Pamungkas Hukum
Hanafi, Hanira
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Law, Crime, Criminology & Criminal Justice Other

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Comparative Analysis of Undue Influence as a Basis for Contract Annulment: Comparison Indonesia and Malaysia Fidhayanti, Dwi; Umam, Khairul; Hanafi, Hanira
Arena Hukum Vol. 18 No. 1 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01801.7

Abstract

This research offers novelty by conducting a comparative analysis of the application of the doctrine of undue influence in contract cancellation in Indonesia, particularly in the context of comparing different legal systems. Previous study such as those conducted by Ariyanto (2023), revealed that Indonesia lacks a clear legal framework regarding undue influence in contract cancellation. Meanwhile, Azam (2020) highlighted that the doctrine in consumer financing cases in Indonesia limits contractual freedom. This study compares the application of the doctrine of undue influence as a basis for contract cancellation in Indonesia and Malaysia, aiming to formulate an ideal model for Indonesia inspired by the application in Malaysia. The research method employs normative legal research method with a comparative legal approach. Legal materials are collected through extensive library research and analyzed using systematic and grammatical legal interpretation methodology. The novelty of this study lies in its in-depth comparison of the application of this doctrine in Indonesia and Malaysia, focusing on significant similarities between two countries, influencing how the harmed party seek cancellation. Indonesia has the opportunity to adopt Malaysia’s approach, which encourages judges to offer alternative solution and conduct deeper psychological analysis. This research may inspire ideas to explore the application of the doctrine of undue influence in the countries with different legal systems, such as those following common law or civil law systems. 
Regulatory Frameworks In Islamic Fintech: Comparative Insights From Indonesia and Malaysia Fidhayanti, Dwi; Mohd Noh, Mohd Shahid; Hanafi, Hanira; Satria, Muhammad Hatta
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30447

Abstract

Despite the rapid expansion of Islamic fintech in Indonesia and Malaysia, research comparing the legal and regulatory frameworks in both jurisdictions remains limited. This study addresses that gap by examining the differences and challenges within each country’s legal infrastructure that impact the development and governance of Sharia-compliant financial technology. The objective of this research is to analyze and compare the regulatory systems in Indonesia and Malaysia to identify structural strengths, weaknesses, and their implications for legal certainty and financial innovation. Employing a normative juridical method with a comparative legal approach, the study analyzes statutory instruments, regulatory frameworks, and institutional roles in both countries. The findings reveal that Malaysia benefits from a more cohesive and structured legal framework under the Islamic Financial Services Act 2013, supervised by Bank Negara Malaysia and the Securities Commission, ensuring enforceable Sharia compliance and robust innovation support. In contrast, Indonesia's regulatory environment suffers from fragmented oversight between OJK and DSN-MUI, resulting in legal uncertainty and limited enforcement of Sharia principles. This research contributes to the field of Islamic financial law by offering policy recommendations to harmonize regulatory frameworks, enhance legal clarity, and promote the sustainable growth of Islamic fintech ecosystems in Southeast Asia.
Optimizing Asset Recovery in Corruption Cases: Evaluating Indonesia’s Legal Framework and the Need for Non-Conviction Based Forfeiture Samosir, Marlina; Loin, Raymundus; Farid, Diana; Hanafi, Hanira; Boumpa, Anna
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.463

Abstract

Corruption is categorized as an extraordinary crime that causes great losses to state finances, so it is not enough to overcome it only through corporate criminalization, but must also be oriented towards asset recovery. This study aims to analyze the effectiveness of the asset forfeiture mechanism in corruption crimes based on laws and regulations in Indonesia and identify the urgency of legal reform to increase the optimization of asset returns. This research uses a normative legal method with a statute approach and a conceptual approach. The data used is secondary data consisting of primary legal materials in the form of laws and regulations, such as the Criminal Code, Law Number 31 of 1999 jo. Law Number 20 of 2001, as well as Law Number 1 of 2023, and secondary legal materials in the form of scientific literature and legal doctrine. Data analysis was carried out qualitatively by examining the conformity of legal norms with the principle of effectiveness in recovering state losses. The results of the study show that the asset forfeiture mechanism in Indonesia's positive law is still dominated by the conviction based forfeiture model which depends on the main criminal verdict. This condition creates various limitations, such as a high burden of proof, a long process, and a legal loophole for perpetrators to hide or transfer assets resulting from corruption. As a result, the effectiveness of recovering state losses has not been optimal. Thus, legal reform is needed through strengthening asset forfeiture regulations, including the development of a non-conviction based asset forfeiture mechanism, in order to increase the effectiveness of asset recovery and strengthen efforts to eradicate corruption in Indonesia.
Co-Authors Boumpa, Anna Dwi Fidhayanti Farid, Diana Khairul Umam Loin, Raymundus Mohd Noh, Mohd Shahid Samosir, Marlina Satria, Muhammad Hatta