Ardyanti, Widyarini
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Analisis Etika Profesi Hakim Mahkamah Konstitusi terhadap Dampak Pelanggaran Kode Etik dalam Putusan MK Nomor 90/PUU-XXI/2023 Amanda, Niken Dwi; Azzahra, Fidda Nazli; Nurdin, Merry Kurniawati; Dharmawan, Cinta Rizqareka; Rahmadani, Novia; Rachman, Rheyna Reva; Az Zahra, Hilyah; Ardyanti, Widyarini; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The Constitutional Court (Mahkamah Konstitusi) plays a crucial role in safeguarding the constitution and upholding the principles of constitutional democracy in Indonesia. However, its credibility and integrity have been seriously questioned following the issuance of Constitutional Court Decision No. 90/PUU-XXI/2023, which addresses the minimum age requirement for presidential and vice-presidential candidates. This ruling sparked widespread controversy due to its perceived political interests and alleged violations of judicial ethics by several justices, particularly Chief Justice Anwar Usman, who was found by the Constitutional Court’s Honorary Council (MKMK) to have breached impartiality due to a family conflict of interest involving one of the candidates favored by the decision. This study employs a normative legal research method using both statutory and conceptual approaches to critically analyze the role of judicial ethics in maintaining the independence of the Constitutional Court, and to evaluate the legal and sociological implications of ethical violations on the legitimacy and validity of the Court's decision. The analysis shows that while the ruling remains legally valid and binding in accordance with Article 24C of the 1945 Constitution and the Constitutional Court Law (UU MK), which affirms the final and binding nature of Constitutional Court decisions, its moral and social legitimacy is significantly undermined due to unethical practices that contradict the principles of integrity, transparency, and accountability. Ethical violations in the decision-making process not only tarnish the personal reputation of the justices involved but also erode public trust in the institutional independence of the Constitutional Court. In modern constitutional legal systems, procedural legality cannot be separated from constitutional morality. The continued function of the Constitutional Court as the protector of citizens' constitutional rights and the guardian of constitutional supremacy is heavily dependent on the legitimacy derived from public trust. Therefore, reforming the judicial ethics system and strengthening the role of the MK as an independent and effective ethical oversight body is an urgent necessity to ensure that the Constitutional Court remains a dignified and authoritative institution in Indonesia's constitutional democrac
Tinjauan Kebijakan Anti-Dumping Indonesia dalam Menghadapi Praktik Perdagangan Tidak Adil terhadap Negara Berkembang Ardyanti, Widyarini
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17861357

Abstract

This study examines Indonesia’s anti-dumping policy as an effort to protect domestic industries from unfair trade practices that significantly harm developing countries. The issue analyzed concerns the effectiveness of the Indonesian Anti-Dumping Committee (KADI) in conducting investigations and enforcing policies in accordance with WTO regulations. The research employs a normative legal approach through an analysis of legislation and principles of international trade. The findings show that Indonesia possesses an adequate legal framework, yet its implementation remains limited due to coordination challenges, investigative capacity constraints, and pressure from developed countries that often use anti-dumping instruments as tools of protectionism. The study concludes that strengthening KADI’s role, ensuring transparency in investigations, and enhancing governmental support are necessary. It is recommended to improve industrial capacity, harmonize regulations, and reinforce trade diplomacy.
Legal Issues of Company Access Blocking Through Beneficial Ownership in Realizing Corporate Transparency in Indonesia Ardyanti, Widyarini; Dirkareshza, Rianda
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.49050

Abstract

This study examines the effectiveness of administrative sanctions in the form of blocking company access through the AHU Online system in increasing compliance with Beneficial Ownership (BO) reporting in order to realize corporate transparency in Indonesia, which is motivated by the still low compliance of companies in reporting BO data, which has only reached 50.27% of the total entities registered with the Directorate General of AHU. This study uses a normative juridical method with a statutory, conceptual, and case approach, as well as secondary data in the form of regulations and related legal literature. The results of the study indicate that the access blocking policy has provided a preventive effect on non-compliance with BO reporting, but its effectiveness is still hampered by weak data integration between agencies, technical system constraints, low awareness of business actors and even government officials. Therefore, it is necessary to strengthen digital verification, improve coordination between agencies, professionalism of public officials, and the establishment of a special authority for the AHU system to ensure data integrity and openness, so that public transparency and trust in the legal system and the business world can be increased.