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All Journal Jurnal Locus Penelitian dan Pengabdian Media Hukum Indonesia (MHI)
Arthaleza, Fergie Brillian
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Aerospace Engineering Automotive Engineering Decision Sciences, Operations Research & Management Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Mathematics

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Budaya Malu dan Penegakan Konstitusi Indonesia: Telaah Kritis atas Peran Mahkamah Konstitusi sebagai Pelindung Konstitusi Mahardika, Agus; Wisnu, Bagas; Arthaleza, Fergie Brillian; Viano, Nurloise; Abdallah, Raffi Ikzaaz; Hendarwin, Rasendriya; Ramadhan, Raihan; Hagina, Rizki; Febrian, Matthew
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study examines the shame culture phenomenon in the context of constitutional enforcement in Indonesia, particularly through a critical lens on the Constitutional Court Decision Number 90/PUU-XXI/2023. The research investigates the transformation of the Constitutional Court's role from merely a negative legislator to a positive legislator, along with its ethical and constitutional implications. The research method used is normative juridical with conceptual and case approaches. The results indicate the subordination of shame culture to political interests in Constitutional Court decision-making, which potentially degrades the values of constitutionalism and judicial ethics. This study concludes that strengthening shame culture within constitutional judicial institutions is an urgent need to re-establish the constitution's dignity as an instrument for limiting power and preventing authoritarianism. Research recommendations include reforming the selection mechanism for constitutional judges, strengthening judicial codes of ethics, and increasing public participation in constitutional judicial oversight.
Pembatasan Tingkat Komponen Dalam Negeri (TKDN) sebagai Hambatan Non-Tarif: Perspektif TRIMs dan Konsekuensi bagi Indonesia Arthaleza, Fergie Brillian
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.17858040

Abstract

Indonesia uses the Domestic Component Level (TKDN) policy to strengthen the competitiveness of its national industry by increasing the use of local components, but its implementation is closely related to international obligations, particularly within the framework of the Agreement on Trade-Related Investment Measures (TRIMs). This study aims to analyze the regulation and implementation of TKDN in foreign investment and assess its compliance with TRIMs provisions, while identifying potential legal consequences if the policy is deemed inconsistent with WTO commitments. This study uses a normative legal method with a legislative, conceptual, and case approach, supported by primary legal materials in the form of TKDN and TRIMs Agreement regulations as well as secondary legal materials from academic literature. The results of the study show that although TKDN has strategic objectives such as encouraging technology transfer, increasing industrial capacity, and reducing import dependency, some of its provisions have the potential to fulfill the local content requirements prohibited by TRIMs. This condition could lead to the risk of disputes, trade retaliation, and a decline in foreign investor confidence. Therefore, policy harmonization is needed so that TKDN remains effective in supporting national industrial development without conflicting with Indonesia's international trade obligations.
Perlindungan Investor Dalam Mendorong Kemajuan Investasi Startup di Indonesia Melalui Pengembalian Keuntungan Tidak Sah Arthaleza, Fergie Brillian; Dirkareshza, Rianda
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 12 (2025): JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i12.5172

Abstract

The startup ecosystem in Indonesia is currently facing serious challenges in terms of funding, triggered by declining investment flows and weak legal protections for investors in the capital market. This condition has an impact on the declining level of investor confidence and investment readiness of startups, especially in the initial and intermediate funding stages. This study aims to examine the role of the Financial Services Authority (OJK) through OJK Regulation Number 65/POJK.04/2020 in strengthening investor protection and assess its implications for increasing the investment readiness of startups in Indonesia. The research method used is normative juridical with a statutory approach, a case approach, and a conceptual approach. The analysis focused on the relationship between the mechanism for the return of unauthorized profits (disgorgement), the establishment of an investor loss compensation fund, and the remedial authority of the OJK in enforcing capital market laws. The results of the study show that the regulation of disgorgement and other investor protection instruments is able to increase legal certainty, transparency, and accountability of startup governance, thereby encouraging regulatory compliance discipline. This mechanism provides a guarantee of loss recovery for investors and has a positive impact on increasing investor confidence. However, its implementation still faces challenges, especially related to the limited supervisory capacity and complexity of the startup's digital business model. Thus, POJK No. 65/POJK.04/2020 not only functions as an instrument to protect investors, but also has a strategic role in strengthening investment readiness and creating a safer, credible, and sustainable startup investment climate.
Co-Authors Abdallah, Raffi Ikzaaz Baehaqi Febrian, Matthew Hagina, Rizki Hendarwin, Rasendriya Mahardika, Agus Ramadhan, Raihan Viano, Nurloise Wisnu, Bagas