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All Journal International Journal of Management, Entrepreneurship, Social Science and Humanities (IJMESH) Golden Ratio of Law and Social Policy Review (GRLSPR)
Zulaeha, Tuti
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparison of Auction Systems and Procedures Between Indonesia and Japan: A Study of the Principles of Transparency and Legal Certainty Maskanah, Ummi; Khoerunnisa, Alsa Mala; Suherman, Dafina Nurulita; Zulaeha, Tuti
Golden Ratio of Law and Social Policy Review Vol. 4 No. 2 (2025): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v4i2.1846

Abstract

This study discusses the comparison of auction systems and procedures between Indonesia and Japan, focusing on the application of the principles of transparency and legal certainty. This study stems from the need to understand the extent to which these two principles are implemented in legally regulated auction mechanisms, as well as how the differences in legal approaches between the two countries affect the fairness and effectiveness of the auction system. This study uses a comparative juridical method with a normative-empirical approach, in which data is obtained through literature studies, analysis of legislation, and review of auction practices in both countries. The results show that Indonesia excels in the application of the principle of transparency through the digitisation of the e-auction system managed by the Directorate General of State Assets (DJKN). This system enhances efficiency and public information disclosure, but does not yet fully guarantee legal certainty, as post-auction disputes are still common and the legal protection for auction winners is weak. In contrast, Japan has an auction system based on the strong principle of the rule of law under the Civil Execution Act (Minji Shikkō Hō), with implementation under the supervision of judicial institutions that guarantee legal certainty and protection of buyers' rights. Transparency in Japan is realised in a measurable manner through procedural openness and judicial accountability. Analysis based on the theories of Good Governance and Rule of Law shows that Indonesia places more emphasis on the aspect of transparent management (governance), while Japan is more prominent in legal certainty (law). The two complement each other, because transparency without legal certainty has the potential to cause social uncertainty, while legal certainty without transparency can lead to closed bureaucracy. This study concludes that the ideal auction system is one that is able to integrate both principles in a balanced manner. Indonesia needs to strengthen the aspect of legal certainty, while Japan can adopt digitalisation to increase transparency.
Analysis of Appointment Agreements in the Context of Illegal Land Transfers to Foreign Nationals Noor, Aslan; Amalia Putri, Adinda; Langlang Buana, Tubagus; Zulaeha, Tuti; Situmorang, Jefri; Nurulita Suherman, Dafina; Daffa A, Rizki
International Journal of Management, Entrepreneurship, Social Science and Humanities Vol. 9 No. 2 (2025): July - December Volume
Publisher : Research Synergy Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31098/ijmesh.v9i2.3692

Abstract

The issue of nominee agreements in Indonesia poses challenges in balancing the promotion of foreign investment with the protection of land sovereignty. Despite strict legal prohibitions, this practice continues to flourish and creates uncertainty in legal doctrine and agrarian governance. This study aims to analyse the legal status of nominee agreements under Indonesian positive law, particularly in the context of Law No. 25 of 2007 on Investment (UUPM), and to evaluate the legal consequences of land ownership by foreign investors through this mechanism. This study uses a normative juridical approach, referring to primary legal sources such as the UUPM, the 1960 Basic Agrarian Law (UUPA), and the 2007 Limited Liability Company Law (UUPT), as well as secondary and tertiary literature. The results of the study show that nominee agreements are prohibited in the context of corporations based on the UUPM and UUPT, and are therefore null and void from the outset. However, the absence of specific regulations on land ownership creates a legal vacuum that allows this practice to continue. Nominee agreements fulfil the subjective elements of an agreement but fail to fulfil the legal causes according to the Civil Code, making them legally invalid but still operating in practice. This poses legal and social risks for foreign investors and local nominees and has an impact on agrarian justice and the credibility of the national investment system. This study emphasises the importance of regulatory harmonisation and consistent law enforcement to strengthen legal certainty and maintain state sovereignty over land in accordance with Indonesia's constitutional mandate.
Co-Authors Amalia Putri, Adinda Aslan Noor Daffa A, Rizki Hj. Ummi Maskanah Khoerunnisa, Alsa Mala Langlang Buana, Tubagus Nurulita Suherman, Dafina Situmorang, Jefri Suherman, Dafina Nurulita