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Journal : Berajah Journal

KETAHANAN RANTAI PASOK GLOBAL DAN IMPLIKASINYA TERHADAP REGULASI PERDAGANGAN INTERNASIONAL Naek Efendi; Annie Myranika; Supendi; Tugimin Harjotaruno; Muhammad Ruhunussa; Asep Mulyana
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.604

Abstract

Global supply chain resilience has become a central issue in international trade law in the wake of the COVID-19 pandemic, geopolitical conflicts, the energy crisis, climate change and the rise of new protectionist policies. Supply chain disruptions are no longer viewed as merely a business issue, but have evolved into an issue of international law that affects the stability of cross-border trade. This article analyses how global supply chain resilience impacts international trade regulation, including WTO rule reforms, the use of trade facilitation instruments, trade digitalisation, and policies on friendshoring, reshoring, and national economic security. The research employs a normative legal methodology using a legislative approach, a conceptual approach, and a comparative approach. The research findings indicate that international trade law needs to transform from an efficiency paradigm towards a resilience paradigm that continues to uphold the principles of non-discrimination, transparency, and legal certainty.
POLITIK HUKUM DALAM KEBIJAKAN PENANGANAN KRISIS KEPERCAYAAN PUBLIK TERHADAP INSTITUSI PEMERINTAH DI ERA DIGITAL Naek Efendi; Mustofa Kamil; Supendi; Tugimin Harjotaruno; Asep Mulyana; Muhammad Ruhunussa
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.419

Abstract

The digital age has brought about a fundamental transformation in the dynamics of the relationship between government and society. On the one hand, digital technology provides broader access to information and greater government transparency; on the other hand, the digital age has also become a medium for the dissemination of information that can undermine public trust in government institutions. The crisis of public trust is a multidimensional phenomenon involving political, legal and social aspects. This study aims to analyse legal policy in the context of addressing the crisis of public trust in government institutions in the digital age, using a normative-empirical legal research method. The findings indicate that legal policy in this context must strike a balance between protecting the reputation of government institutions and upholding the right to freedom of expression and the right to public information. Effective legal policy must be progressive, participatory, and evidence-based. This study recommends a holistic approach that integrates regulatory, educational, and technological aspects in addressing the crisis of public trust.
PENGARUH UU PT TERHADAP KEMITRAAN PERUSAHAAN DENGAN PEMERINTAH Naek Efendi; Pandri Zulfikar; Tugimin Harjotaruno; Asep Mulyana; Dadang Rachmat; Muhammad Ruhunussa
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.488

Abstract

Law Number 40 of 2007 concerning Limited Liability Companies (UU PT) which was amended by Law Number 6 of 2023 (UU PT 2023) provides a new legal framework for the operation of limited liability companies in Indonesia. This change has significant implications for partnerships between companies and government, both in the form of public-private partnerships (KPS), public-private partnership (PPP), and other partnership schemes. This study analyzes the influence of UU PT on partnerships between companies and government using a normative juridical approach and document study. The results show that UU PT 2023 provides greater structural flexibility, strengthening of corporate governance, and shareholder protection that impacts partnership dynamics. However, there are challenges related to harmonization with sectoral regulations, uncertainty in implementation, and governance complexity. This study recommends regulatory synchronization, strengthening of monitoring, and development of technical guidelines to optimize partnerships.
TINJAUAN YURIDIS PENYELESAIAN SENGKETA PERDAGANGAN INTERNASIONAL DALAM KERANGKA WTO DAN HUKUM NASIONAL INDONESIA Irwan Soeharlim; Annie Myranika; Muhammad Ruhunussa; Anharyanto
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.521

Abstract

International trade dispute settlement is an important instrument in maintaining the stability of the global trading system. The World Trade Organization (WTO) through the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides a binding adjudicative mechanism for member states. This study aims to analyze the WTO dispute settlement mechanism, the implementation of WTO provisions in Indonesian national law, and the harmonization between international trade law and Indonesia’s national interests. This research uses a normative juridical method with statutory, conceptual, and case approaches. The results indicate that the WTO dispute settlement mechanism consists of consultation, panel proceedings, appeals, and implementation of decisions. Indonesia has adopted WTO principles into national regulations, particularly through Law Number 7 of 2014 concerning Trade and Law Number 24 of 2000 concerning International Treaties. However, harmonization between national law and WTO provisions still faces challenges, especially regarding the protection of national interests, downstream natural resource policies, and the WTO Appellate Body crisis. The DS592 nickel export dispute and DS480 biodiesel dispute demonstrate the dynamic relationship between international obligations and national economic sovereignty. Therefore, strengthening international trade law capacity and WTO reform are necessary to create a fairer and more balanced international trading system.
DINAMIKA BATAS KEWENANGAN PENGAWASAN ANTARA OJK DAN BANK INDONESIA ATAS AKTIVITAS FINTECH DI SEKTOR PERBANKAN Irwan Soeharlim; Hasnah Aziz; Muhammad Ruhunussa; Hikmat Ansori; Anharyanto
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.522

Abstract

The development of financial technology (fintech) in Indonesia has significantly transformed the financial services system and banking industry. Digital innovations such as electronic payments, peer-to-peer lending, open banking, digital banking, and embedded finance have created new challenges in terms of regulation and supervision. In practice, there are dynamics regarding the boundaries of authority between the Financial Services Authority (OJK) and Bank Indonesia (BI) as two state institutions responsible for regulation and supervision in the financial sector. This study aims to analyze the boundaries of supervisory authority between OJK and Bank Indonesia over fintech activities in the banking sector and their legal implications for legal certainty and consumer protection. This research uses normative legal research methods with statutory and conceptual approaches. The findings indicate that overlapping authorities still occur, particularly in digital payment services, digital banking, electronic payment systems, and the integration of fintech services with banking institutions. Such conditions potentially create regulatory disharmony and legal uncertainty. Therefore, stronger institutional coordination, regulatory harmonization, and the establishment of an integrated supervisory framework between OJK and Bank Indonesia are necessary to ensure effective, adaptive supervision and optimal legal protection for the public.