p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal SIGn Jurnal Hukum
Mulyono, Fadhel Koto Bida
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

The Paradox of Jakarta’s Carbon Tax Policy: A Legal-Administrative Analysis of Non-Implementable Policy and International Compliance Mulyono, Fadhel Koto Bida
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.535

Abstract

DKI Jakarta’s climate mitigation efforts require reformulating the Motor Vehicle Fuel Tax (MVF Tax) from a “selling value” basis to an “emission” basis. However, this initiative is hindered by an acute policy paradox. The Decree of the Governor of DKI Jakarta Number 542 of 2025 grants incentives (tax discounts), which are philosophically and juridically misaligned with the disincentive mandate of Law Number 32 of 2009. This juridical-normative legal research analyzes this fundamental discrepancy using statute and conceptual approaches. The data analysis technique is operationalized through norm conflict analysis, compliance analysis, and juridical-conceptual analysis (risk mitigation). This research yields several findings. First, the de jure authority for reformulation (changing the MVF Tax basis) is normatively available by prioritizing the mandate of Law Number 32 of 2009. However, second, this policy is de facto non-implementable as long as the contradictory Decree of the Governor of DKI Jakarta Number 542 of 2025 remains in effect. Third, compliance with Article 6 of the Paris Agreement is conditional, demanding the absolute integration of regional mitigation actions into the SRN-PPI to avoid double counting. Fourth, implementation risk mitigation (regressive impact and fiscal leakage (fuel leakage)) juridically demands an imperative revenue allocation (revenue recycling) or earmarking design and inter-regional fiscal coordination. In conclusion, the MVF Tax reformulation is not merely a technical change. This policy constitutes a prerequisite requiring the revocation of paradoxical internal policies, the integration of accountability into SRN-PPI, and an equitable earmarking design. These steps are necessary to ensure legal certainty and effective climate mitigation.
Reconstruction of Trade Secret Clauses in F&B Franchises: Mitigating Loss Aversion through a Risk Allocation Approach Sinaga, Irene Puteri Alfani Sofia; Mulyono, Fadhel Koto Bida
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.537

Abstract

The Food and Beverage (F&B) franchise sector in Indonesia faces a juridical paradox. Aggressive trade secret protection efforts precisely result in systemic unenforceability in court. This study aims to dissect the root causes of evidentiary failures regarding the “reasonable steps” element in franchise disputes and to formulate a proportional, enforceable operational clause model. Through a normative juridical method with an interdisciplinary approach, this study integrates Legal Certainty Theory, Prospect Theory from behavioral economics, and Risk Allocation Theory as diagnostic, evaluative, and prescriptive analysis tools. Research findings reveal that ambiguous and lop-sided protection clauses are not merely administrative errors. They constitute a manifestation of the franchisor’s irrational loss-aversion bias. Excessive fear of losing vital assets drives the creation of excessive contracts that violate the principle of good faith and fail to fulfill the objective requirements of an agreement. This condition fatally undermines the validity of digital evidence under Law Number 11 of 2008. As a prescriptive solution, this research recommends a fundamental reconstruction of contractual instruments, shifting from the loss-aversion paradigm to an equitable Risk Allocation Theory. The proposed operational clause model includes a limiting definition of a secret object, layered confidentiality obligations, a notice-and-cure mechanism, and reasonable time and territorial restrictions on the non-competition clause. This reconstruction aims to guarantee practical legal certainty and the sustainability of the national franchise business ecosystem.