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All Journal SENTRI: Jurnal Riset Ilmiah Technology and Economics Law Journal
Kesumadianty, Arnelia
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Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Efektivitas Klausul Pilihan Penyelesaian Sengketa dalam Perjanjian Joint Venture di Indonesia Kesumadianty, Arnelia
SENTRI: Jurnal Riset Ilmiah Vol. 4 No. 9 (2025): SENTRI : Jurnal Riset Ilmiah, September 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v4i9.4658

Abstract

Joint ventures (JVs) have become one of the most widely used instruments for Indonesian companies, both private and state-owned enterprises, to expand their business, establish strategic alliances, and gain access to international markets, technology, and capital. In addition to driving commercial growth, JVs also play a significant role in supporting national agendas such as industrial downstreaming, energy transition, and digital transformation. Despite their substantial potential, JVs often face considerable legal and operational challenges. Disputes may arise at various stages, including the formation, execution, and termination of the JV, often due to differences in business culture, vague contractual provisions, governance issues, or diverging interests between parties. In cross-border contexts, these disputes are further complicated by differing legal systems and regulatory environments, making arbitration an essential and effective mechanism for dispute resolution. This paper aims to examine how JVs can be strategically managed to avoid common errors, reduce legal uncertainty, and ensure smooth cooperation between partners. It emphasizes the importance of drafting clear, comprehensive, and enforceable JV agreements that include well-defined dispute resolution clauses. By integrating preventive legal strategies and choosing arbitration as a neutral and efficient forum for resolving conflicts, companies can not only safeguard their investments but also foster long-term, stable partnerships with international collaborators.
Efektivitas Lembaga Penjamin Simpanan (LPS) dalam Meningkatkan Kepercayaan Masyarakat Berdasarkan Tinjauan Yuridis dan Moral Hazard Kesumadianty, Arnelia; Saragih, Desran JW; Marlianto, Dwi
Technology and Economics Law Journal
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the effectiveness of the Indonesia Deposit Insurance Corporation (LPS) in enhancing public trust in the stability of the Indonesian banking system and analyzes the potential moral hazard arising from the deposit insurance scheme. Employing a normative juridical method with a descriptive-analytical approach, the research reviews the legal framework of LPS under Law Number 24 of 2004 and its amendments, as well as Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK), and compares it with deposit insurance practices in several other jurisdictions. The findings indicate that LPS plays a crucial role as a financial safety net that strengthens depositor confidence, yet a deposit insurance design that is not sufficiently risk-based may encourage excessive risk-taking behavior by banks. The study recommends strengthening the implementation of risk-based premiums, enhancing prudential regulation and bank resolution frameworks, and improving corporate governance and risk management in order to mitigate moral hazard and safeguard financial system stability.
Co-Authors Marlianto, Dwi Saragih, Desran JW