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All Journal JURNAL HUKUM Lex Publica
Mohammad Belayet Hossain
Curtin University Malaysia, Malaysia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Framework and Effectiveness of Bank Resolution by the Indonesia Deposit Insurance Corporation Diana R.W. Napitupulu; Mohammad Belayet Hossain; Bahrullah Akbar
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.46982

Abstract

Bank failures pose serious systemic risks to financial stability and public confidence. In Indonesia, the Deposit Insurance Corporation plays a crucial role in resolving troubled banks to maintain financial system stability and protect customers. This study aims to analyze the legal framework for bank resolution, specifically the Deposit Insurance Corporation authority, responsibilities, and mechanisms for dealing with troubled banks, and the extent to which Law Number 24 of 2004 and Law Number 9 of 2016 provide legal certainty and support systemic stability. The research method uses a normative legal approach, examining relevant laws and regulations, including early intervention mechanisms, resolution planning, and resolution strategies such as purchase and assumption, bridge banking, and liquidation. The interaction between Deposit Insurance Corporation, Bank of Indonesia, and the Financial Services Authority is also examined to understand inter-authority coordination in crisis scenarios. The findings indicate that the current legal framework is flexible enough to handle troubled banks, but still faces challenges in coordination, transparency, and legal certainty. In conclusion, Deposit Insurance Corporation has a central role, but the effectiveness of resolution depends on clear mechanisms, good coordination, and a strengthened legal framework to maintain the credibility and stability of the Indonesian financial system.
Analyzing the Most-Favored Nation Treatment Principle: A Study of Malaysia’s Bilateral Investment Treaties and Their Implications Mohammad Belayet Hossain
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.299

Abstract

This study critically examines the application of the Most-Favoured Nation (MFN) treatment principle within Malaysia’s Bilateral Investment Treaties (BITs) and its broader implications for investment governance. Drawing from doctrinal legal analysis and expert interviews, including insights from Professor Zakiri of Universiti Utara Malaysia, the research explores how MFN clauses influence Foreign Direct Investment (FDI), investor-state relations, and Malaysia’s regulatory sovereignty. The findings reveal significant inconsistencies and ambiguities in the interpretation of MFN clauses-particularly concerning their applicability to procedural rights such as dispute settlement. These gaps not only risk treaty shopping but also constrain Malaysia’s ability to enact public interest regulations in areas like health, environment, and taxation. The study recommends the development of a Model BIT that includes clearly defined MFN scopes, sustainable development carve-outs, and alignment with ESG principles. It advances the ongoing discourse on how to balance investor protection with space policy and provides practical suggestions for reforming Malaysia’s international investment treaty framework.
Legal Aspects of Determining Import Tax Rates for Foreign Products Based on WTO Provisions Wiwik Sri Widiarty; Mohammad Belayet Hossain
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i2.53595

Abstract

Import taxation has become increasingly important as countries seek to protect domestic industries while complying with the legal framework of the World Trade Organization (WTO). In Indonesia, import taxes function as both a source of state revenue and an instrument for regulating international trade. This study analyzes the international legal framework governing import taxation under the WTO and the General Agreement on Tariffs and Trade (GATT) 1994, examines Indonesia’s legal framework, and evaluates the conformity of Indonesia’s import tariff regulations with WTO provisions. The research employs a qualitative normative legal method using statutory, conceptual, and historical approaches. The legal sources examined include the Agreement Establishing the WTO, GATT 1994, Law Number 7 of 1994 concerning the Ratification of the WTO Agreement, Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006, Law Number 7 of 2014 concerning Trade, and Law Number 17 of 2017 concerning the Protocol to Amend the Marrakesh Agreement. The findings indicate that Indonesia’s import taxation framework is generally consistent with WTO principles of non-discrimination, transparency, legal certainty, and trade facilitation. However, greater regulatory harmonization and consistent implementation remain necessary to strengthen compliance with international trade obligations while safeguarding national economic interests.
Co-Authors Bahrullah Akbar Diana R.W. Napitupulu Wiwik Sri Widiarty