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DIVESTASI PT. FREEPORT INDONESIA Yoesry, Erni Yoesr
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Indonesia’s natural resources potential especially in mining sector make it becomes hunted by foreign investor, one of them is PT. Freeport Indonesia. Freeport operates in Indonesia under a Contract of Work (KK) which was signed in 1967. In this contract of work, all management and operational matters are handed over to miners. The state has no control over the operation of the company. The State would only receive royalties of the amount that has been determined in contract of work. Mining companies that want to export processed minerals (concentrates) ought to relinquish the status of contract of work into a Special Mining Business License (IUPK), and build a mineral processing and refining facility (concentrate). Article 97 of Law No. 4 of 2009 on mineral and coal mining along with its implementation regulation stipulates about what should be contained in IUPK (Special Mining Business License), one of which is divestment.

Penyuluhan Perlindungan Hukum Bagi Pelaku Usaha Kecil Masyarakat Lokal di Distrik Abepura Pelupessy, Sella Petrix; Pelupessy, Berd Elkiopas; Hetharia, Melkias; Tanggahma, Biloka; Khairaz, Rifqon; Mofu, Marselina Ivony; Negara, I Putu Endra Wijaya; Yoesry, Erni; Gani, Zulrijal Bushido; Kalangi, Billy
Nanggroe: Jurnal Pengabdian Cendikia Vol 4, No 4 (2025): July 2025
Publisher : Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.16042091

Tujuan kegiatan penyuluhan perlindungan hukum bagi pelaku usaha kecil masyarakat lokal di Distrik Abepura adalah untuk memberikan gambaran dan pengetahuan mengenai perlindungan hukum yang diberikan pemerintah berdasarkan Undang-Undang Nomor 21 Tahun 2001 tentang Otsus dan Undang-Undang Nomor 20 Tahun 2008 tentang UMKM. Metode yang digunakan dalam kegiatan adalah partisipatif bentuk kegiatan ini adalah Diskusi Kelompok Fokus (Faces Group Disaission-PGD) Pelatihan dan Penyuluhan.

Penyuluhan Perlindungan Hukum Bagi Pelaku Usaha Kecil Masyarakat Lokal di Distrik Abepura Pelupessy, Sella Petrix; Pelupessy, Berd Elkiopas; Hetharia, Melkias; Tanggahma, Biloka; Khairaz, Rifqon; Mofu, Marselina Ivony; Negara, I Putu Endra Wijaya; Yoesry, Erni; Gani, Zulrijal Bushido; Kalangi, Billy
Nanggroe: Jurnal Pengabdian Cendikia Vol 4, No 4 (2025): July 2025
Publisher : Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.16042091

Tujuan kegiatan penyuluhan perlindungan hukum bagi pelaku usaha kecil masyarakat lokal di Distrik Abepura adalah untuk memberikan gambaran dan pengetahuan mengenai perlindungan hukum yang diberikan pemerintah berdasarkan Undang-Undang Nomor 21 Tahun 2001 tentang Otsus dan Undang-Undang Nomor 20 Tahun 2008 tentang UMKM. Metode yang digunakan dalam kegiatan adalah partisipatif bentuk kegiatan ini adalah Diskusi Kelompok Fokus (Faces Group Disaission-PGD) Pelatihan dan Penyuluhan.

The Relationship Between Consumer Legal Literacy Level And Dispute Resolution Of Buy Now Pay Later Service Maulidiana, Lina; Renaldy, Rendy; Yoesry, Erni
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pkz6np60

This study examines the relationship between consumers' level of legal literacy and the effectiveness of dispute resolution in Buy Now Pay Later (BNPL) services in Indonesia. The rapid growth of BNPL has expanded financial access but also generated legal issues such as unilateral contracts, personal data breaches, and unethical debt collection practices. Employing a normative juridical approach, this research analyzes relevant legislation, legal doctrines, and scholarly works, including Law No. 8 of 1999 on Consumer Protection, Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector, Law No. 27 of 2022 on Personal Data Protection, and OJK Regulation No. 22 of 2023. The findings reveal that the lack of consumer legal literacy is a major factor hindering effective dispute resolution, despite the existence of adequate regulatory frameworks. A synergistic approach combining regulatory reform and digital legal-literacy empowerment is essential to help consumers understand their rights, obligations, and available redress mechanisms. Strengthening legal literacy will enhance consumers' bargaining power and promote a fairer, more transparent dispute-resolution system in Indonesia's digital financial sector.

The Relationship Between Consumer Legal Literacy Level And Dispute Resolution Of Buy Now Pay Later Service Lina Maulidiana; Rendy Renaldy; Erni Yoesry
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pkz6np60

This study examines the relationship between consumers' level of legal literacy and the effectiveness of dispute resolution in Buy Now Pay Later (BNPL) services in Indonesia. The rapid growth of BNPL has expanded financial access but also generated legal issues such as unilateral contracts, personal data breaches, and unethical debt collection practices. Employing a normative juridical approach, this research analyzes relevant legislation, legal doctrines, and scholarly works, including Law No. 8 of 1999 on Consumer Protection, Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector, Law No. 27 of 2022 on Personal Data Protection, and OJK Regulation No. 22 of 2023. The findings reveal that the lack of consumer legal literacy is a major factor hindering effective dispute resolution, despite the existence of adequate regulatory frameworks. A synergistic approach combining regulatory reform and digital legal-literacy empowerment is essential to help consumers understand their rights, obligations, and available redress mechanisms. Strengthening legal literacy will enhance consumers' bargaining power and promote a fairer, more transparent dispute-resolution system in Indonesia's digital financial sector.

Advocacy and Legal Assistance for Child Victims of Sexual Violence Nur Ilmi Putri Febriyanti; Elmiati Nurdin; Evi Selviani; Nur Annisa Putri; Erni Yoesry
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1432

Children as a vulnerable group require special protection, especially when they become victims of sexual violence. In practice, child victims often experience various obstacles in obtaining justice, including limited access to legal aid, psychological trauma, and suboptimal assistance during the criminal justice process. This study aims to analyze the forms of advocacy and legal assistance provided to child victims of sexual violence, the role of law enforcement agencies and child protection agencies in providing legal protection, and the obstacles encountered in its implementation. This study uses a normative legal research method with a legislative and conceptual approach. The results show that advocacy and legal assistance for child victims of sexual violence include legal assistance, protection of the victim's identity, psychological recovery, and fulfillment of the victim's rights during the judicial process. The role of institutions such as law enforcement officers, legal aid agencies, and child protection agencies is crucial in ensuring the comprehensive fulfillment of the rights of child victims.

Legal Aid and Pro Bono Reveal Differences in the Implementation of Indonesian Law Elmiati Nurdin; Nur Ilmi Putri Febriyanti; Nur Annisa Putri; Evi Selviani; Erni Yoesry
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1433

This study aims to examine the fundamental differences between legal aid and pro bono in the Indonesian legal system and identify challenges that hinder their effective implementation. Using normative legal research methods with a statutory and comparative approach, data are analyzed from various legal documents, scientific literature, and relevant regulations. The results show that legal aid, which is funded by the state and strictly regulated, differs fundamentally from pro bono, which is voluntary and funded by lawyers or law firms. These differences include funding sources, regulatory basis, and service scope. This study also uncovers challenges such as unequal distribution of services, limited resources, and role ambiguity among legal aid providers. The novelty of this study lies in emphasizing the urgency of establishing clear regulations and systematic role allocation to expand access to justice, particularly for vulnerable groups. These findings are recommended as a basis for consideration in legal aid policy reform in Indonesia.

Government Policy in Eradication of Illegal Fishing Practices Nur Annisa Putri; Evi Selviani; Elmiati Nurdin; Nur Ilmi Putri Febriyanti; Erni Yoesry
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1434

Indonesia, as an archipelagic state, possesses vast marine territory with significant fisheries potential, yet faces serious challenges from illegal, unreported, and unregulated (IUU) fishing. This practice causes substantial economic losses, environmental degradation, and social inequality among local fishers. This study aims to examine the impacts of illegal fishing and analyze government policies addressing the issue. The research uses a normative legal method with a statutory approach. Findings show that illegal fishing leads to overfishing, ecosystem destruction, and reduced fish catch for small-scale fishers. The Indonesian government has implemented various policies, including the National Plan of Action (NPOA) to combat IUU fishing, and established a Joint Task Force supported by coordinated sea surveillance through Monitoring, Control, and Surveillance (MCS). However, limitations in human resources and funding remain significant obstacles in monitoring Indonesia’s vast waters. To address this, the government encourages community involvement through the formation of Community Surveillance Groups (Pokmaswas). Synergy between central and local governments, local communities, and international cooperation is essential for sustainable marine resource management. The implementation of responsible fishing practices, in accordance with the Code of Conduct for Responsible Fisheries (CCRF), is crucial to ensure the sustainability of Indonesia’s marine resources for current and future generations.

Interpretation of Term of Office by the KPU in Regional Elections: Analysis from the Perspective of Legal Interpretation and Legal Certainty Evi Selviani; Nur Annisa Putri; Elmiati Nurdin; Nur Ilmi Putri Febriyanti; Erni Yoesry
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1435

The interpretation of the term of office of Regional Heads has become a crucial issue in the implementation of Regional Head Elections (Pilkada) in Indonesia, particularly when there is a discrepancy in the methods used by the General Election Commission (KPU) and the Contitutional Court (MK) in interpreting the term of office. In practice, the Constitutional Court adopt a combination of systematic, teleological, and historical interpretative approaches, which consider the substantive meaning of the term of office and the purpose of limiting power. Conversely, the KPU tends to employ a grammatical approach that emphasizes methodologies but also has serious implications for legal certainty, electoral legitimacy, citizens political right, and the credibility election results. The study aims to analyze the construction of legal interpretations regarding the term of office from the perspectives of the KPU and MK and its implications for the conduct of Pilkada. The method used is a normative juridical approach through a literature review of legislation, MK decisions, and legal literature. The results of the study indicate that a lack of harmonization in interpretation has the potential to create legal anda administrative conflicts and opens the door to abuse of power. Therefore, harmonization of interpretation is necessary through regulations based on constitutional principles to ensure fair, democratic elections that uphold legal certainty.

Investment protection and the investment court system in the EU–Indonesia comprehensive economic partnership Yoesry, Erni
LEGAL BRIEF Vol. 15 No. 1 (2026): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i1.1618

The reform of international investment governance has increasingly emphasized the need to balance investor protection with the regulatory sovereignty of host states. Within this context, the introduction of the Investment Court System (ICS) under the EU–Indonesia Comprehensive Economic Partnership Agreement (IEU–CEPA) represents a significant institutional shift in investment dispute settlement. However, existing studies have largely examined the ICS from a general or comparative perspective, with limited attention to its specific implications for Indonesia’s post-BIT investment policy. This study provides a contextualized legal analysis of the investment protection framework and the proposed implementation of the ICS within the IEU–CEPA. It applies a normative legal research approach based on the analysis of international agreements, legal documents, academic literature, and policy reports. The study focuses on examining the institutional design of the ICS in comparison with the traditional Investor–State Dispute Settlement (ISDS) mechanism and evaluates its potential implications for Indonesia. The findings indicate that the ICS introduces institutional improvements through the establishment of a permanent tribunal, the incorporation of an appellate mechanism, and enhanced procedural transparency, which collectively strengthen legal certainty and predictability in investment dispute settlement. However, these same features may also constrain the regulatory flexibility of the state by promoting more consistent and binding legal interpretations. As a result, the ICS does not eliminate the tension between investor protection and state sovereignty, but rather restructures it into a more institutionalized and predictable form. The study concludes that the effectiveness of the ICS framework will depend on Indonesia’s ability to manage this trade-off by strengthening institutional capacity and safeguarding national policy space. This research contributes to the discourse on international investment law reform by highlighting how institutional innovations in dispute settlement mechanisms may simultaneously enhance legal certainty while redefining the scope of state regulatory autonomy.

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