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Ahmad Nurafendi
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Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences

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Journal : Berajah Journal

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EFEKTIVITAS UNCITRAL MODEL LAW ON ELECTRONIC TRANSFERABLE RECORDS (MLETR) 2017 DALAM MENDUKUNG DIGITALISASI PERDAGANGAN INTERNASIONAL STUDI KOMPARATIF IMPLEMENTASI DI AUSTRALIA DAN REPUBLIK RAKYAT TIONGKOK SERTA IMPLIKASINYA BAGI INDONESIA Ahmad Nurafendi; Annie Myranika; Agus Eko Setyawan; Eduardo Retno; Ronald Pasrah
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.v6i2.255

Abstract

The digitisation of international trade documents is a strategic imperative in the era of the global digital economy. The United Nations Commission on International Trade Law (UNCITRAL) has responded to this challenge through the 2017 Model Law on Electronic Transferable Records (MLETR), which provides a legal framework for the recognition of transferable electronic documents. This study analyses the effectiveness of the MLETR in supporting the digitisation of international trade through a comparative study of its implementation in Australia and the People’s Republic of China (PRC), whilst also evaluating its implications for Indonesia. Using a normative legal research method and a comparative approach, this study finds that Australia adopted the MLETR through comprehensive federal-state harmonisation, whilst the PRC integrated the principles of the MLETR into the revision of the Maritime Law 1992. Both approaches demonstrate that the success of MLETR implementation depends on inter-jurisdictional coordination, technological infrastructure, and industry awareness. For Indonesia, which only ratified the United Nations Convention on the Use of Electronic Communications in International Contracts 2005 in 2023, the implementation of the MLETR is a prerequisite for competitiveness in global digital trade. This study recommends the adoption of the MLETR through amendments to the ITE Law and the Trade Law, as well as the establishment of a National Electronic Trade Council to coordinate implementation.
ANALISIS YURIDIS POLITIS KEBIJAKAN MAKAN BERGIZI GRATIS (MBG) ANTARA MANDAT KONSTITUSI WELFARE STATE DAN TANTANGAN ANGGARAN PENDIDIKAN Ahmad Nurafendi; Mustofa Kamil; Eduardo Retno; Firmansyah Mahmud; Ronny Erlando
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.v6i2.394

Abstract

The Free Nutritious Meal (MBG) program is a national strategic policy launched by the new administration as an effort to accelerate the quality of Human Resources (HR) towards the Indonesia Golden 2045 vision. As a massive nutritional intervention instrument, this policy aims to break the chain of stunting and enhance the cognitive capacity of students across Indonesia. Despite its strong welfare orientation, this policy has sparked legal and constitutionality polemics, particularly regarding its funding sources. A crucial debate arises when the MBG budget allocation intersects with the mandate of Article 31 Paragraph (4) of the 1945 Constitution, which requires the state to prioritize the education budget at a minimum of 20% of the State Budget (APBN). The use of the education function budget for nutritional fulfillment raises questions regarding the risk of distorting the core objectives of national education. This research employs a qualitative descriptive method with a normative legal approach. Data were collected through literature studies of various primary legal materials, such as the 1945 Constitution, the State Budget Law, and implementing regulations related to the National Nutrition Agency, as well as secondary legal materials including theories of the welfare state and public policy. The study finds that substantively, the MBG policy constitutes a fulfillment of human rights to health and welfare in accordance with Article 28H and Article 34 of the 1945 Constitution. However, procedurally and constitutionally, this policy risks being unconstitutional if not accompanied by a strict separation of budget structures to prevent the erosion of basic educational implementation needs. Without a legal framework at the Statutory (Law) level to ensure accountability and sustainability, this policy is vulnerable to being perceived as a pragmatic political tool that threatens the long-term fiscal stability of the education sector.
PENGARUH HUKUM PERSAINGAN USAHA TERHADAP PLATFORM BISNIS DIGITAL TANTANGAN DAN ADAPTASI REGULASI DI INDONESIA Ahmad Nurafendi; Pandri Zulfikar; Eduardo Retno; Ronny Erlando; Imam Fathwa
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.v6i3.542

Abstract

The development of digital business platforms in Indonesia has fundamentally changed market structure and business competition dynamics. Digital platforms such as e-commerce, ride-hailing, and fintech bring efficiency and innovation, but also create risks of anti-competitive practices that are not fully accommodated in the existing legal framework. Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (Competition Law), which has been in force for more than two decades, faces significant challenges in regulating the digital economy characterized by dual roles of platforms, network effects, and two-sided market dominance. This study aims to analyze the influence of competition law on digital business platforms in Indonesia, identify law enforcement challenges, and formulate necessary regulatory adaptations. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that the Competition Law has not accommodated digital economy dynamics, particularly regarding dual roles of platforms as both marketplace providers and business operators, data-based anti-competitive practices, algorithmic discrimination, and two-sided market dominance. Furthermore, the non-adoption of extraterritoriality principles limits the authority of the Commission for the Supervision of Business Competition (KPPU) in enforcing the law against foreign platforms. This study recommends modernization of the Competition Law, strengthening of KPPU capacity, and establishment of specific digital platform regulations to create a healthy and innovative competition ecosystem.
ANALISIS PENERIMAAN MASYARAKAT TERHADAP CRYPTO ASSET SEBAGAI INSTRUMEN HEDGING INVESTASI PERBANKAN SYARIAH Ahmad Nurafendi; Hasnah Aziz; Muslimin; Bachtiar Kemal Harahap; Akhmad Faishal
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.v6i3.546

Abstract

The development of crypto assets in Indonesia has reached a significant stage with transaction value reaching IDR 482.23 trillion in 2025 and consumer numbers surpassing 20.19 million. On the other hand, Islamic banking in Indonesia faces challenges in diversifying sharia-compliant investment portfolios. This study aims to analyze public acceptance of crypto assets as hedging instruments in Islamic banking investment portfolios, identify legal and sharia challenges, and formulate an ideal regulatory framework. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that public acceptance of crypto assets tends to be positive, especially among young age groups, but is confronted with legal uncertainty regarding the sharia status of crypto assets, extreme volatility approaching gharar and maysir elements, and the absence of a definitive fatwa from the National Sharia Council-Indonesian Ulema Council. This study recommends the establishment of a specific fatwa on crypto assets for Islamic banking, strengthening of sharia financial literacy, and harmonization of regulations between OJK, BI, and DSN-MUI to create a sharia-compliant crypto asset investment ecosystem.
Co-Authors Agus Eko Setyawan Akhmad Faishal Annie Myranika Bachtiar Kemal Harahap Eduardo Retno Firmansyah Mahmud Hasnah Aziz Imam Fathwa MUSLIMIN Mustofa Kamil Pandri Zulfikar Ronald Pasrah Ronny Erlando