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All Journal Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik Referendum Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi Mahkamah: Jurnal Riset Ilmu Hukum Jurnal Kajian Hukum Dan Kebijakan Publik Majelis: Jurnal Hukum Indonesia
Songga Aurora Abadi
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis terhadap Peraturan Menteri Perdagangan tentang Penetapan Harga Eceran Tertinggi (HET) Minyak Goreng Sawit Tahun 2022: (Studi Kasus Putusan Pengadilan Niaga Nomor 1,2,3,4,5,6,7/Pdt.Sus-KPPU/2023/PN Niaga Jkt Pst) Gunawan Widjaja; Songga Aurora Abadi; Robert Iskandar
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 2 No. 3 (2025): Agustus : Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v2i3.966

Abstract

This study analyzes the Highest Retail Price (HET) policy for palm cooking oil. of palm cooking oil implemented by the Indonesian government through MOT Regulation of the Minister of Trade (Permendag) Number 1 of 2022 as revoked based on Permendag Number 6 of 2022 concerning the Determination of HET of Palm Cooking Oil, and its implications for business competition based on Law No. 5 of 1999 on the Prohibition of Monopolistic Practices. based on Law No.5/1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. and Unfair Business Competition. The price ceiling policy aims to protect consumers from uncontrolled price increases, especially for low-income households. low-income communities. However, its implementation has caused negative impacts such as scarcity and losses for producers, which was found to have violated Article 19 letter c of Law No.5 Year 1999 by KPPU. violated Article 19 letter c of Law No. 5 Year 1999 by KPPU. Producers filed an objection, and the Central Jakarta Commercial Court ruled that the scarcity of cooking oil was the impact of the single price ceiling policy, and therefore the KPPU's decision was canceled. This research uses normative legal methods by analyzing legal principles in court decisions and related regulations. The results show that the price ceiling policy needs to be re-evaluated to balance the interests of consumers and producers. balance the interests of consumers and producers. Implications of the court decision court decision is the need for stricter supervision and participation of stakeholders in the formulation of future price ceiling policies. stakeholders in the formulation of the price ceiling policy in the future. This research contributes theoretically in the field of competition law and practically as a reference for policy makers. as a reference for policy makers.
Kebijakan Pajak dalam Indonesia Coretax : Studi Perbandingan dengan Sistem Perpajakan di Malaysia Gunawan Widjaja; Songga Aurora Abadi; Mervyn Mervyn
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.965

Abstract

Taxation contributes to national development, and Indonesia has responded to global dynamics by introducing Indonesia Core Tax, a digital system designed to improve tax transparency and compliance. Although Indonesia has adopted various digital systems such as e-Faktur and e-Invoicing, it still faces implementation challenges, while Malaysia is more advanced with its integrated and phased API-based e-Invois system. This study examines taxation policy within the framework of Indonesia Core Tax, focusing on the legal aspects of e-Invoicing implementation as part of the digital transformation of tax administration. The analysis covers the hierarchy and functions of legislation, from laws and regulations to Minister of Finance regulations (PMK) and technical regulations of the Directorate General of Taxes (DJP). This study uses a normative legal research method with a legislative approach and a comparative approach to compare Indonesia's digital taxation system with Malaysia's, covering legal structure, legal substance, and legal culture. The results of the study show that although Indonesia has a fairly complete digital legal framework, the implementation of the e-Invoicing system still faces challenges in terms of regulatory consistency and technological readiness. In contrast, Malaysia has already implemented a mandatory and centralized API-based e-Invoice system through a clearance model approach. This study recommends harmonizing digitalization policies in taxation and strengthening the legal system as strategic steps toward more effective and adaptive tax administration.
Penegakan Hukum Pidana terhadap Penanganan Gelandangan dan Pengemis di Tempat Umum: Studi Komparatif KUHP Lama dan Baru Berdasarkan Putusan PN Kab. Semarang No.145/Pid.C/PN UNR Gunawan Widjaja; Songga Aurora Abadi; Alam Anbari
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i3.975

Abstract

The phenomenon of homelessness and begging in public places remains a complex social problem and has an impact on public disclosure and legal norms. The main problem in this study is how the criminal law against homelessness and begging in public places, and how the calculation of its provisions in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a regulatory-statutory approach and literature study. In the old Criminal Code, the act of begging is regulated in Article 504 which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425 which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that despite substantial continuity, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited supervision by officials, and minimal rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches, with the active involvement of the government, the community, and social institutions.
Penegakan Hukum Pidana terhadap Penanganan Gelandangan dan Pengemis di Tempat Umum: (Studi Komparatif KUHP Lama dan Baru Berdasarkan Putusan PN Kab. Semarang No.145/Pid.C/PN UNR ) Gunawan Widjaja; Songga Aurora Abadi; Alam Anbari
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1001

Abstract

The phenomenon of homelessness and begging in public places remains a complex social problem that impacts public order and legal norms. The main problem in this study is how criminal law is applied to homelessness and begging in public places, and how the provisions compare in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a legislative approach and literature study. In the old Criminal Code, begging is regulated in Article 504, which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425, which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that although there is continuity in substance, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited police supervision, and a lack of rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches with the active involvement of the government, the community, and social institutions.
Kajian Hukum Tata Negara terhadap Penyimpangan Kewenangan Mahkamah Konstitusi dalam Putusan Nomor 112/PUU-XXI/2023 Gunawan Widjaja; Songga Aurora Abadi; Sukh Pawen Jit Kaur
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.967

Abstract

The Constitutional Court's decision No. 112/PUU-XX/2022, which changed the term of office for the leadership of the Corruption Eradication Commission (KPK) from four years to five years, has sparked controversy in the realm of Indonesian constitutional law. The Constitutional Court, which is supposed to act as a negative legislator, is considered to have exceeded the limits of its authority by establishing new norms in its decision. This research aims to analyze whether the action is a form of deviation of the Constitutional Court's authority referring to the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court. This research uses a normative juridical method with a descriptive-analytical approach through a literature study of regulations, scientific journals, and other legal sources. The research findings indicate that the Constitutional Court not only declared Article 34 paragraph (1) of the KPK Law contrary to the 1945 Constitution, but also stipulated a direct change in the term of office to five years, including for the current KPK leadership. This action is considered a form of judicial activism that deviates from the principle of separation of powers and the principle of non-retroactivity of law. In conclusion, the Constitutional Court's decision creates legal uncertainty, opens space for politicization of the judiciary, and sets a negative precedent in Indonesia's constitutional system. Therefore, it is necessary to reaffirm the limits of the authority of the Constitutional Court in order to remain within the framework of constitutional law that upholds the principle of checks and balances at all times.
Keberadaan Undeclared Pre-Existing Conditions Dalam Hubungan Hukum Perasuransian Pasca-Putusan Mahkamah Konstitusi Nomor 83/PUU-XXII/2024 Gunawan Widjaja; Songga Aurora Abadi; Novi Rizky Ramadhani
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/4xdk4v57

Abstract

The legal relation in insurance law, both in theory and in practice, has undergone changes following the Constitutional Court Decision Number 83/PUU-XXII/2024, which conditionally declared Article 251 of the Indonesian Commercial Code (KUHD) unconstitutional. The aforementioned decision has had significant implications, not only in practical terms for the insurance business practices in Indonesia but also indirectly by altering the foundational concept of contractual obligations as recognized within the Indonesian legal system. The existence of undeclared pre-existing conditions, which has long served as the basis for the annulment of health insurance contract, can no longer be used by insurance companies as grounds to terminate their coverage relationship with policyholders. This normative legal research will elaborate on the implications of the enforceability of Article 251 of the Commercial Code following the Constitutional Court Decision Number 83/PUU-XXII/2024. In practice, the Constitutional Court Decision Number 83/PUU-XXII/2024 has had a positive impact on the protection of health insurance policyholders' rights. However, it also gives rise to legal inconsistencies when confronted with the concept of contractual law as recognized in the Indonesian legal system.
Co-Authors Alam Anbari Gunawan Widjaja Mervyn Mervyn Novi Rizky Ramadhani Robert Iskandar Sukh Pawen Jit Kaur