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All Journal Unes Law Review Priviet Social Sciences Journal
Zulmawan, Wawan
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Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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REGULATORY IMPACT ASSESSMENT PENGGUNAAN PRODUK DALAM NEGERI PADA PENGADAAN BARANG/JASA Zulmawan, Wawan
UNES Law Review Vol. 5 No. 1 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.287

Abstract

This article examines how the implementation of the Regulatory Impact Assessment in assessing the regulations issued by the Indonesian government regarding the use of domestic products in the procurement of goods / services, namely the application of these rules in the practice of government procurement of goods / services as well as in State-owned enterprises. Analysis of the Impact of Regulations on the Use of Domestic Products can show that the crucial point of the Regulation for the Use of Domestic Products is that there are no rules regarding criminal sanctions if the use of domestic products is not applied in the procurement of goods / services by government agencies or BUMN. In fact, criminal sanctions are needed to be an effort to maintain compliance from government agencies or BUMN in implementing these regulations. Without criminal sanctions it will be difficult to obtain maximum application of the rules and compliance is also difficult to achieve.
Efektivitas Aturan Penggunaan Produk dalam Negeri pada Pengadaan Barang/Jasa Pemerintah Zulmawan, Wawan
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.984

Abstract

Various regulations for the use of Domestic Products have existed since 2014, but implementation in the procurement of goods/services has not run optimally, at least until the end of 2022. Through empirical normative legal research, a study was conducted on the rules for using the Domestic Product. Referring to Lawrence M. Friedman's theory of legal effectiveness, it is known that the cause of the ineffectiveness of this rules is due to the low understanding of legal substance due to the lack of socialization of the rules, the legal structure in the form of P3DN Teams that have not been formed in many government agencies, and the legal culture is still seen as a culture of apathy due to a lack of understanding of the rules. Therefore, in addition to imposing strict sanctions, the existence of Presidential Instruction number 2 of 2022 concerning Accelerating the Increase in the Use of Domestic Products and Products of Micro, Small Enterprises and Cooperatives in the Context of Succeeding the Proud Made in Indonesia National Movement in the Implementation of Government Goods/Services Procurement on the 30th March 2022, is expected to force the use of Domestic Products in procuring goods/services in government.
The identification of beneficial owners through the application of the doctrine of piercing the corporate veil by judges Zulmawan, Wawan; Khaliza, Ashila Raisya; Suhendra, Christabel Daniella; Pongsirinding, Fisa Ande’; Inly, Naomi; Dante, Russell; Pendang, Serlita Ruben
Priviet Social Sciences Journal Vol. 6 No. 5 (2026): May 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i5.1820

Abstract

Corporate crime, such as corruption, is currently on the rise, one example being the practice of concealing identities through the pretext of beneficial ownership and nominee agreements. This issue requires law enforcement to focus not only on the formal corporate structure but also on tracing the parties who actually control and benefit from the corporation. This study aims to analyze the legal status of nominee agreements and the importance of beneficial ownership transparency in closing loopholes in corporate law in Indonesia. It also analyzes the application of the "piercing the corporate veil" doctrine in Supreme Court Decision Number 4950 K/Pid.Sus/2023. The method used in this research is normative juridical, using statutory, conceptual, and case study approaches. This study explains that although regulations regarding beneficial ownership exist, their implementation is still not fully implemented, primarily due to low awareness of reporting compliance and the continued prevalence of nominee practices. Based on existing decisions, the Supreme Court outlines a more progressive approach by applying the "piercing the corporate veil" doctrine to hold beneficial owners criminally liable, even if they are not listed in the company structure. This shifts from a normative approach to the application of substantive law. Therefore, there is a need for strengthening regulations, increasing oversight, and ensuring data integrity between institutions so that transparency and accountability of beneficial owners can truly be realized and are no longer exploited as loopholes for corruption. Keywords: beneficial owner, corporate corruption, criminal liability, nominee agreement, piercing the corporate veil.
Co-Authors Dante, Russell Inly, Naomi Khaliza, Ashila Raisya Pendang, Serlita Ruben Pongsirinding, Fisa Ande’ Suhendra, Christabel Daniella