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

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

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 Wawan Zulmawan
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

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

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.

Application Of Artificial Intelligence In The Future Practice Of Advocates zulmawan, wawan
Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional Vol 13, No 2 (2024): Masa Depan Profesi Hukum di Indonesia
Publisher : Badan Pembinaan Hukum Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/rechtsvinding.v13i2.1734

Artificial Intelligence (AI) technology provides benefits for professional work, including for advocates. Indonesia government has prepared National Strategy Framework for Artificial Intelligence. By using empirical normative legal research methods from primary and secondary sources, in form of books, journals and statutory regulations, it can be seen that Circular Letter of the Minister of Communication and Informatics number 9 of 2023 concerning Ethics of Artificial Intelligence can be used as a legal basis by advocates to exercise their rights to obtain data. Research show that there are several AI technologies can be used in the future by advocates, such as SBVR, NER or ChatBot Platform. Research also show Artificial Intelligence regulations still require stronger regulations, and Indonesia government also needs to form a Committee related to Artificial Intelligence to monitor and provide sanctions related to ethical violations in use of artificial intelligence.

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

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

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.

Redefinisi Kerugian BUMN dan Implikasinya dalam Putusan Mahkamah Agung No.121 K/PID.SUS/2020 Wawan Zulmawan; Kathleen Joan Halim; Lathifah Lathifah; Nasya Nadhira; Sandrina Realita; Tyazza Amaranila Ghifari; TheresiaAurellia Gunawan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i2.11957

This research aims to analyze the relevance of the use of Constitutional Court Decision Number 01/PHPU-Pres/XVII/2019 in the legal considerations of judges in the Supreme Court Decision Number 121 K/Pid.Sus/2020, as well as to examine the authority of directors in making investment decisions in State-Owned Enterprises (BUMN). This research uses a normative legal method with statutory, case, and conceptual approaches. The results show that the Constitutional Court Decision is dominantly used as an initial basis in determining elements of state financial losses, thus forming a legal reasoning construction that tends to be formalistic, focusing on the principle of separate legal entity. This approach has implications for the suboptimal examination of aspects of good faith, due care, and potential abuse of authority in the actions of directors, and causes the application of the business judgment rule doctrine not to be carried out strictly. In addition, this approach has the potential to ignore the concept of beneficial ownership and opens up space for weakening accountability in the management of BUMN. Therefore, a balance is needed between protection of business discretion and enforcement of legal accountability to maintain consistency and legal certainty.

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

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.

Bank's Legal Responsibility in Detecting Shadow Controller-Related Beneficial Owner Wawan Zulmawan; Daniel Johnson Goenawan; Marchello Putra Toding Palilli; Ramdhan Mahardika Nasyith; Muhamad Naufal Rionatadiraja; Reyzel Yandika Lim; Triswer Triswer
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i2.10612

Transparency of legal entity ownership through reporting Beneficial Owner (BO) to the Ministry of Law and Human Rights is an important policy in preventing Money Laundering. However, the practice of shadow controllers, parties who de facto control a legal entity but are not reported as BO, remains a serious loophole. Banks as gatekeepers of the financial system have a strategic position to detect shadow controllers. This article aims to analyze the legal liability of banks for failing to detect shadow controllers, the sanctions that may be imposed, and the standard of proof for constructive knowledge. This research uses normative legal method with statutory and conceptual approaches, examining the Banking Law (Law No. 7/1992 as amended by Law No. 4/2023 on P2SK), Anti-Money Laundering Law No. 8/2010, OJK Regulation No. 8/2023 on APU-PPT, and Ministry of Law Regulations No. 2/2025 and No. 49/2025 on corporate BO. The results show that bank liability is fault-based, not strict liability. Banks that ignore indications of shadow controllers may be subject to administrative sanctions (reprimands to license revocation), civil sanctions (damages claims), and criminal sanctions. The standard of proof for constructive knowledge uses objective indicators such as suspicious transactions, complex ownership structures, and discrepancies between official documents and customer operational reality, measured by the reasonableness principle (prudent banker). This article recommends that banks act proactively by conducting independent verification beyond merely relying on the Ministry's BO reports, and strengthen early detection systems against shadow controllers.

Analisis Penerapan Business Judgment Rule terhadap Tanggung Jawab Direksi BUMN dalam Kasus PT ASDP Indonesia Ferry Wawan Zulmawan; Ariel Alexander; Boy Gabriel Yohanes Simarmata; Dyo Ganda Siadari
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v11i5.64321

Penelitian ini dilatarbelakangi oleh meningkatnya kasus hukum yang melibatkan direksi Badan Usaha Milik Negara (BUMN), khususnya terkait pengambilan keputusan bisnis yang dikaitkan dengan doktrin Business Judgment Rule (BJR). Dalam praktiknya, BJR sering dipahami sebagai bentuk perlindungan hukum terhadap direksi, namun penerapannya tidak bersifat absolut dan tetap memiliki batasan. Kasus PT ASDP Indonesia Ferry menjadi contoh konkret bagaimana keputusan bisnis direksi dapat dipersoalkan secara hukum meskipun tidak selalu didasarkan pada niat jahat. Penelitian ini bertujuan untuk menganalisis batasan penerapan BJR, menilai tanggung jawab direksi atas penyimpangan prosedur, serta menguji apakah tindakan direksi dalam kasus tersebut memenuhi unsur-unsur BJR. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan kasus. Hasil penelitian menunjukkan bahwa BJR hanya dapat diterapkan apabila direksi memenuhi prinsip itikad baik, kehati-hatian, tidak adanya konflik kepentingan, serta keputusan yang didasarkan pada informasi yang memadai dan prosedur yang sah. Pelanggaran terhadap prosedur, meskipun tanpa niat jahat dan bahkan menghasilkan keuntungan, tetap dapat menghilangkan perlindungan BJR. Oleh karena itu, penerapan BJR harus dilakukan secara proporsional agar tidak disalahgunakan sebagai tameng untuk menghindari tanggung jawab hukum.

Analisis Biaya Dan Manfaat Sebagai Mitigasi Risiko Pada Praktik Pengadaan Badan Usaha Milik Negara Wawan Zulmawan
Jurnal Pengadaan Indonesia Vol. 5 No. 1 (2026): Jurnal Pengadaan Indonesia, Edisi April
Publisher : Ikatan Ahli Pengadaan Indonesia (IAPI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59034/jpi.v5i1.88

This study aims to see how to use cost and benefit analysis tools in the decision-making process in procuring goods. This aims to ensure that the implementation of the procurement of goods and services can achieve the expected efficiency, because previously we have considered the costs that must be incurred if a policy is to be implemented. Cost benefit analysis is also useful to see whether the procurement policy has the required impact or utility in accordance with the objectives of procuring goods and services. State-Owned Enterprises can use this cost-benefit analysis in the practice of procuring goods and services to achieve efficient and efficiency principles in accordance with the mandate of the provisions of article 147 paragraph (1) letter a and Article 146 of the Minister of State-Owned Enterprises Regulation number PER-2/MBU/ 03/2023 concerning Guidelines for Governance and Significant Corporate Activities of State-Owned Enterprises. By using cost and benefit analysis, value for money, which is the aspiration of every process of procuring goods and services, can be achieved optimally.

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