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All Journal Sriwijaya Law Review Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Pena Justisia: Media Komunikasi dan Kajian Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Indonesia Law Review (ILREV) Hukum dan Politik dalam Berbagai Perspektif Media Hukum Indonesia (MHI) Annual Review of Legal Studies Jurnal Padamu Negeri Majelis: Jurnal Hukum Indonesia Journal of Private and Commercial Law Jurnal Pengabdian Hukum Indonesia Indonesian Journal of Advocacy and Legal Services Law Research Review Quarterly Jurnal Panjar : Pengabdian Bidang Pembelajaran Anthroposia: Journal of Social and Human Development Sapientia Diversalis: Journal of Human Interaction and Social Studies Indonesian Court and Justice Review
Duhita Driyah Suprapti
Fakultas Hukum, Universitas Negeri Semarang
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Regulatory Uncertainty as A Challenge to The Protection of Foreign Investors’ Legitimate Expectations from The Perspective of Indonesian Investment Law Arlansyah Harahap; Zulfikri Akramul Akbar; Duhita Driyah Suprapti; Sang Ayu Putu Rahayu
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/2z49an03

Abstract

This study examines the relationship between regulatory uncertainty and the protection of foreign investors’ legitimate expectations within the framework of Indonesian investment law. Employing a non empirical normative legal research design, the study integrates statutory, conceptual, and comparative approaches to evaluate the extent to which Indonesian investment regulations provide legal certainty consistent with internationally recognized investment protection standards. The analysis focuses on Law Number 25 of 2007 concerning Investment, Law Number 6 of 2023 concerning Job Creation, and Government Regulation Number 5 of 2021 concerning Risk Based Business Licensing, complemented by international investment law doctrines and comparative jurisprudence. The findings indicate that Indonesian law implicitly accommodates the protection of legitimate expectations through principles of legal certainty and equal treatment, yet lacks explicit normative recognition. Regulatory inconsistency, overlapping governance structures, policy transitions, and implementation disparities create conditions that weaken investor reliance and regulatory predictability. The study further identifies a normative gap between domestic regulatory practice and international standards of Fair and Equitable Treatment. Strengthening investor protection requires regulatory harmonization, evidence based regulatory review, institutional coordination, and investment governance mechanisms capable of ensuring greater stability, transparency, and legal coherence.  
Derivative Actions As Legal Protection For Minority Investors In Public Companies In Indonesia Zulfikri Akramul Akbar; Arlansyah Harahap; Duhita Driyah Suprapti; Sang Ayu Putu Rahayu
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/vchg3q50

Abstract

This study examines the effectiveness of derivative actions as a legal protection mechanism for minority investors in Indonesian public companies. The research is motivated by the growing participation of retail investors in the capital market and the persistent limitations affecting shareholder access to derivative litigation under Indonesian company law. Employing a non empirical normative legal research design, the study analyzes statutory provisions, legal doctrines, and theoretical perspectives through statute and conceptual approaches. Primary legal materials consist of Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 8 of 1995 concerning Capital Market, and Law Number 4 of 2023 concerning Financial Sector Development and Strengthening, complemented by scholarly literature and comparative legal sources. The findings demonstrate that the ten percent ownership threshold creates a structural incompatibility when applied to public companies characterized by dispersed share ownership and significant coordination barriers. The threshold transforms derivative actions into a procedurally inaccessible remedy for minority investors and weakens substantive access to justice. The study proposes a reconstructed framework based on threshold differentiation, leave of court mechanisms, regulatory derivative actions, and strengthened institutional involvement of the Financial Services Authority to achieve a more inclusive and effective system of investor protection.
Accountability for Error in Procedendo in Bankruptcy Proceedings in Indonesia Julya Paulina Siburian; Duhita Driyah Suprapti; Anis Widyawati
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.36770

Abstract

This study aims to comprehensively analyze the forms of maladministration that give rise to error in procedendo in the adjudication of bankruptcy cases in Indonesia, and to evaluate the extent to which the principles of accountability and procedural justice are implemented by commercial court judges. Employing a normative legal research method through statutory, case-based, and conceptual approaches, this study examines the Central Jakarta Commercial Court Decision No. 226/Pdt.Sus-PKPU/2023 and the Supreme Court Decision No. 1103 K/Pdt.Sus-Pailit/2024 as the primary bases of analysis. The findings reveal various forms of maladministration, including delays in the cassation process, violations of statutory deadlines, inaccuracies in determining the legal standing of creditors and debtors, and irregularities in the creditor-verification process. These procedural deviations significantly undermine the effectiveness of the principles of expeditious, simple, and low-cost proceedings as mandated by Law No. 37 of 2004. Based on Romzek and Dubnick’s theory of accountability, the study finds that legal and bureaucratic accountability tend to predominate, while professional and political accountability remain suboptimal. Through the lens of Tom R. Tyler’s theory of procedural justice, the research asserts that judicial non-compliance with procedural requirements adversely affects public trust and the perception of fairness in commercial court proceedings. Accordingly, this study recommends strengthening internal oversight mechanisms, enhancing the professional capacity of judges, and ensuring consistent adherence to procedural standards to promote legal certainty and justice in Indonesian bankruptcy proceedings.
Legal Protection for Consumers of Cosmetic Products Through Consumer Education Duhita Driyah Suprapti; Salman Alfarisi; Shofriya Qonitatin Abidah; Anis Widyawati; Panggih Kusuma Ningrum
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 9 No. 1 (2026): (January-June 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v9i1.17593

Abstract

In today’s world, beauty and self-care have become essential aspects of daily life, making cosmetic products an integral part of modern society. Beyond enhancing appearance and self-confidence, cosmetics have become a medium for personal expression. However, consumer purchasing decisions are often influenced by social media, market trends, and sustainability values, while awareness of consumer rights and product safety remains relatively limited. One important aspect of cosmetic safety is the Period After Opening/PAO indicator, which specifies the period during which a cosmetic product remains safe to use after it has been opened. This community service activity aimed to improve public understanding of the importance of PAO information and promote greater awareness of consumer rights and safe cosmetic use. The program was implemented using an empirical legal approach supported by qualitative methods, including educational activities, surveys, and interviews to identify participants’ perceptions and levels of understanding regarding PAO information. The results revealed significant disparities in PAO literacy between individuals with higher educational backgrounds and those with lower levels of formal education, indicating unequal access to essential information related to cosmetic safety. The activity demonstrated that educational interventions can enhance public awareness of PAO indicators and encourage more informed and responsible consumer behavior. These findings emphasize the importance of strengthening public education initiatives and regulatory oversight to ensure consumer protection and promote the safe use of cosmetic products. This community service contributes to the achievement of the Sustainable Development Goals/SDGs, particularly SDG 3 (Good Health and Well-being) through the promotion of safer cosmetic practices, SDG 4 (Quality Education) by improving public literacy on cosmetic safety and consumer rights, and SDG 12 (Responsible Consumption and Production) by encouraging informed purchasing decisions and responsible consumption of cosmetic products.
Implementation of Investment Company Licensing in the KITS (Case Study: Waste Pollution by Domestic Investors) Amanda Satyawati; Duhita Driyah Suprapti
Law Research Review Quarterly Vol. 12 No. 3 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i3.46143

Abstract

The paradigm shift in licensing through Law No. 6 of 2023 on Job Creation introduced the Risk-Based Business Licensing System (PBBR), which shifted state control from ex-ante to ex-post. However, the efficiency of this investment faces serious challenges in terms of environmental sustainability, as occurred in the Terboyo Industrial Area in Semarang (KITS) where waste leakage caused mass fish deaths in May 2025. This study aims to analyze the implementation of risk-based licensing for Domestic Investment Companies (PMDN) and evaluate the mechanism for monitoring environmental compliance in the field. The method used is juridical-sociological with a descriptive qualitative approach. Primary data was obtained through interviews with the Semarang City Environmental Department and the Investment and One-Stop Integrated Services Agency of Central Java Province, while secondary data included legislation and related legal literature. The results of the study show that although the OSS-RBA system has improved bureaucratic efficiency and time certainty for business actors, there is a significant gap between das sollen and das sein. Weak coordination and unsynchronized monitoring frequency between technical agencies and area managers create compliance gaps that weaken early detection of pollution. Evidently, the TDS parameter of the waste reached 23,510 mg/L, far exceeding the threshold of 1,000 mg/L. Policy redesign is needed through strengthened periodic monitoring by technical agencies and the enforcement of strict sanctions based on the principle of strict liability to ensure bureaucratic reforms maintain the principles of sustainable development.
Consumer Protection in the Distribution of Natural Medicines Containing Chemical Substances in E-Commerce: An Analysis Based on Law Number 8 of 1999 in Relation to Zudaifu Ointment Naifa Salma Ufaira; Duhita Driyah Suprapti
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47333

Abstract

Advances in digital technology and the growth of e-commerce have broadened public access to various health products, including natural medicines. However, this development has also given rise to the distribution of products that do not meet established safety standards. This issue is evidenced by the circulation of natural medicines such as Zudaifu ointment, which is distributed without marketing authorization and contains pharmaceutical chemical substances. This discrepancy between product claims and actual composition poses health risks and indicates non-compliance with consumer protection regulations. This study aims to analyze the forms of legal protection for consumers and the liability of business actors in the circulation of such products through e-commerce, based on Law Number 8 of 1999 on Consumer Protection. This research employs a normative juridical method using statutory and conceptual approaches, with qualitative analysis through legal interpretation. The findings demonstrate that such distribution constitutes a violation of consumer protection laws, particularly concerning the statutory obligation of business actors to ensure product quality and the accuracy of product information. Sellers, as business actors, bear primary liability and are required to provide compensation for consumer losses if proven at fault. In addition, e-commerce platforms, as electronic system providers, bear indirect responsibility for supervising products within their systems. Accordingly, despite the existing regulatory framework, consumer protection in e-commerce remains constrained by gaps between statutory provisions and their enforcement. Therefore, strengthening supervisory mechanisms, ensuring compliance by business actors, and enhancing the role of digital platforms are necessary to safeguard consumer rights in the digital era.
LEGAL PROTECTION FOR LENDERS IN THE EVENT OF FAILURE OF CREDIT INSURANCE CLAIMS ON PEER TO PEER LENDING PLATFORMS Galuh Prima Ningrum; Duhita Driyah Suprapti
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.48792

Abstract

The development of Peer to Peer (P2P) Lending services as part of Information Technology-Based Joint Funding Services (LPBBTI) provides promising investment opportunities, but also contains significant default risks for lenders. In practice, risk mitigation mechanisms through credit insurance are not always effective, especially when claims cannot be realized due to the absence or unclearness of an active policy, thus creating legal uncertainty and weakening the lender's position. This study aims to analyze the lender's legal position  in the policy as well as the responsibility of the organizer for the failure of credit insurance claims. This research uses normative legal methods with a statutory and conceptual approach, and is supported by literature studies through relevant primary and secondary legal materials. The results of the study show that the failure of claims is caused by the expiration of the policy agreement and the lack of transparency of information to the lender, which can be qualified as default, unlawful acts, and consumer protection violations. In addition, there is confusion regarding the position of the lender  as the aggrieved party when there is a default in making insurance claims, thus limiting the lender's access to insurance protection. This study concludes that the implementation of legal protection for lenders is not optimal, so it is necessary to strengthen supervision, increase transparency, and reconstruct legal relationships in credit insurance schemes to ensure legal certainty and more effective protection for lenders.
The Implication of Halal Tourism Regulations to Encourage Community Well-Being: Lesson From Malaysia Reza Octavia Kusumaningtyas; Rodiyah Rodiyah; Duhita Driyah Suprapti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5280

Abstract

It is crucial to ascertain whether halal tourism regulation can stimulate economic growth and promote sustainable national development to achieve community well-being. This research aims to advance halal tourism regulation to encourage the community's well-being. This research employs a qualitative methodology to conduct sociological and legal research. The research’s findings show that the decentralization of halal tourism regulation is intended to enhance the community's well-being. Nevertheless, the central level has not engaged in any discussions regarding the legal framework governing halal tourism implementation. The number of tourist visits, destinations, and hotels can be increased by the implications of halal tourism regulation in the form of Regional Regulations, particularly in West Nusa Tenggara. However, this has not resulted in community well-being. In contrast, Malaysia maintains robust institutions and regulations. The regulation of halal tourism in Malaysia is crucial for enhancing community well-being, as it promotes economic growth, employment opportunities, and adherence to Islamic principles. Consequently, it is crucial to enhance the institutional framework in Indonesia to supervise the implementation of halal tourism, foster collaboration among stakeholders, and strengthen regulations surrounding halal tourism to encourage community well-being.
Perlindungan Investor Ritel dalam Praktik Initial Public Offering (IPO) di Indonesia Fitrhriyatirrizqoh Fitrhriyatirrizqoh; Sang Ayu Putu Rahayu; Duhita Driyah Suprapti
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): 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.v3i3.1727

Abstract

This study examines legal protection for retail investors in the practice of Initial Public Offering (IPO) in Indonesia, which is grounded in the principle of disclosure in capital market law. The issues addressed include the regulation of issuers’ disclosure obligations and the forms of legal protection against potential misleading information. This research employs a normative juridical method using statutory and conceptual approaches, through an analysis of Law Number 8 of 1995 concerning Capital Markets and regulations issued by the Otoritas Jasa Keuangan. The findings indicate that disclosure obligations are systematically regulated through mechanisms such as registration statements, prospectuses, and periodic reporting. Legal protection for retail investors is provided through the prohibition of misleading information, legal liability of market participants, and the imposition of administrative sanctions. These findings demonstrate that the capital market legal system has established both preventive and repressive protection mechanisms against misleading information. The conclusion affirms that the regulation of disclosure obligations and investor protection has been comprehensively structured within the Indonesian capital market legal framework.
Judicial Precedents on Privacy Rights: Court Rulings in the Digital Era Ratih Damayanti; Duhita Driyah Suprapti; Rohmat Rohmat
Indonesian Court and Justice Review Vol. 1 No. 4 (2024): November, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/j5xmja79

Abstract

As digital technologies become increasingly embedded in everyday life, courts in Indonesia are increasingly required to define the scope and limits of privacy rights. This study examines judicial precedents that address privacy in the context of surveillance, data protection, and digital expression, particularly in light of the absence of a comprehensive data protection law until recently. Using qualitative content analysis of Constitutional Court and Supreme Court decisions, this research investigates how Indonesian courts have interpreted privacy within constitutional and statutory frameworks. The findings show a growing recognition of privacy as a fundamental right, though judicial reasoning remains inconsistent and often lacks a clear doctrinal foundation. In several landmark cases, courts have acknowledged the importance of protecting personal data and private communications, but have struggled to balance privacy with competing state interests such as national security or public morality. This study highlights the urgent need for a coherent judicial approach to privacy, especially as digital surveillance and data misuse become more prevalent. The novelty of this research lies in mapping the evolving jurisprudence on privacy and proposing a normative framework for more consistent judicial protection. By critically analyzing court practices, the study contributes to ongoing discussions about constitutional rights in the digital age and the role of judicial precedents in shaping data governance.
Co-Authors Aisyah Putri Arsya Amanda Satyawati Anindya Ardiansari Anis Widyawati Anitasari, Rahayu Fery Anshari , Muhammad Taher Arlansyah Harahap A’an Ilham Ardiyansah Dani Muhtada Dewi Puspa Sari Firman Erry Probo Fitrhriyatirrizqoh Fitrhriyatirrizqoh Fuad, Choirul Galuh Prima Ningrum Iftina Cahyanda Putri Aimee Irawaty Irawaty Isnani Isnani Julya Paulina Siburian Laskarwati, Batari Maharani, Anggun Meinanda Martitah Miftah Santalia Miftah Santalia Muhammad Alldo Hibahtillah Naifa Salma Ufaira Nena Mahaesti Nina Witasari Ningsih, Ayup Suran Nurul Fibrianti Pangestika, Finna Maessy Panggih Kusuma Ningrum Paramita, Niken Diah Putra, Septeryan Dwi Purnomo Rahayu Kusumaningrum Rahayu, Sang Ayu Putu Ratih Damayanti Reza Octavia Kusumaningtyas Riska Alkadri Ristanti, Dina Rodiyah - Rohmat Rohmat Romadhan, Moh Rahmat Rizki Salman Alfarisi Salman Alfarisi Sang Ayu Putu Rahayu Sang Ayu Putu Rahayu Shofriya Qonitatin Abidah Slamet Supriadi Wara Dyah Pita Rengga Windiahsari, Windiahsari Yoris Adi Maretta Zulfikri Akramul Akbar