Lucky Suryo Wicaksono
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Kriteria Penetapan Pailit Terhadap Notaris Sebagai Pejabat Umum Dan Notaris Sebagai Orang Pribadi Berdasarkan Asas Preferensi Hukum Ariyanto; Lucky Suryo Wicaksono
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

A Notary in the provisions of Article 12 of the Notary Position Law can be dishonorably dismissed from his position if he is declared bankrupt based on a court decision that obtains permanent legal force. In the current regime of the Law on the Position of Notaries, there is no provision that explains regarding whether the purpose of bankruptcy of a Notary is a Notary in his or her capacity as a private person (person) or as a public official. The existence of a legal gap in determining bankruptcy criteria for notaries has raised various questions. This research uses a Normative Research typology which is supported by data obtained from secondary data sources in the form of primary legal materials and secondary legal materials. The conclusions of this research are, First, The bankruptcy of Notaries has been influenced by the blurred norm (vagenorm) created by Article 12 of the Law on the Position of Notaries. Second, the Bankruptcy Law and PKPU are enforced based on the legal preference principle of lex specialis derogate legi generali as the legal basis for resolving Notary bankruptcy issues.
Perbandingan Pengaturan Kelembagaan Danantara Dengan Temasek Holdings Singapura Dan Khazanah Berhad Malaysia Nurul Khotimah; Lucky Suryo Wicaksono; Siti Anisah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 2 MARET 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The establishment of the Investment Management Agency Daya Anagata Nusantara (Danantara) under Law Number 1 of 2025 marks a paradigm shift in Indonesia’s state wealth management. However, Danantara’s institutional design raises normative concerns, including the ambiguity of its sui generis legal status, weak independent oversight, and unclear public accountability. This study compares Danantara’s institutional regulations with Temasek Holdings (Singapore) and Khazanah Nasional Berhad (Malaysia), and formulates an ideal model of oversight and legal accountability. Using a normative legal method with statutory, comparative, and conceptual approaches, this study finds that Danantara fundamentally differs from Temasek and Khazanah in three aspects: the legal regime of establishment, the degree of separation between ownership and management functions, and clarity of institutional mandate. Based on best practices from both institutions, this study proposes an ideal oversight model for Danantara built on three pillars: strengthened internal oversight through independent board restructuring, multilayered external oversight encompassing mandatory independent audit and parliamentary reporting, and structured public transparency through adoption of the Santiago Principles and mandatory annual public reporting.