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All Journal Berajah Journal International Journal of Business and Quality Research
Juhana Nuryana
Universitas Islam Syekh-Yusuf Tangerang
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences

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PROBLEMATIKA PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA KORUPSI STUDI KASUS MEGA KORUPSI PERTAMINA DAN IMPLEMENTASI RESTORATIVE JUSTICE Juhana Nuryana; Siti Humulhaer; Muslimin; Rifqi Syifa’ul Qolbi
Berajah Journal Vol. 6 No. 1 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i1.218

Abstract

The nature of corruption in Indonesia has undergone a significant transformation from individual corruption to systemic corruption involving corporations as the main actors. This paper analyses the issue of corporate criminal liability in the 2025 PT Pertamina (Persero) mega-corruption case, which caused losses to the state amounting to Rp193.7 trillion, and examines the concept of restorative justice as an alternative means of resolving corruption cases. Using a normative legal research method with a legislative, conceptual and case-based approach, this study finds that the existing legal framework has weaknesses in holding corporations accountable as perpetrators of systemic corruption. Constitutional Court Decision No. 142/PUU-XXIII/2024 and developments in the Anti-Corruption Law indicate the need for a normative reconstruction of corporate criminal liability. On the other hand, the application of restorative justice in corruption remains controversial given the extraordinary nature of corruption, which demands a balanced repressive-preventive approach. The research findings recommend the regulation of illicit enrichment and non-conviction-based asset forfeiture as effective legal instruments to maximise the recovery of state assets.
The Effectiveness of Financial Services Authority Supervision of Leasing Companies from the Perspective of State Administrative Law Gunarto Wardono; Mustofa Kamil; Rahmat Wijaya; Juhana Nuryana; Raliyanto Budi Wikarno; Hikmat Ansori
International Journal of Business and Quality Research Vol. 4 No. 02 (2026): April-June, International Journal of Business and Quality Research (IJBQR)
Publisher : Citakonsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijbqr.v4i02.3535

Abstract

This study evaluates the effectiveness of the Financial Services Authority (OJK) in supervising leasing companies and identifies systemic challenges in consumer protection from an Administrative Law perspective. Employing a normative legal methodology with a contextual approach, the research analyzes primary regulations, including the OJK Law, Consumer Protection Law, Fiduciary Guarantee Law, and relevant Constitutional Court rulings, alongside documented field practices. Findings reveal a persistent implementation gap between formal regulatory mandates and practical enforcement. Despite measurable declines in consumer complaints, aggressive debt collection, unilateral fiduciary executions, and opaque contractual practices remain prevalent. From an administrative law standpoint, these shortcomings reflect vulnerabilities in applying legitimacy, proportionality, and accountability principles, compounded by regulatory fragmentation, limited institutional capacity, and weak inter-agency coordination. The study concludes that OJK’s supervisory framework requires structural reform to transition from compliance-based monitoring to outcome-oriented governance. Recommendations include harmonizing overlapping regulations, establishing joint enforcement task forces, integrating data-driven monitoring systems, and implementing sustained consumer literacy initiatives. Ultimately, aligning financial supervision with foundational administrative law tenets is essential to strengthen institutional credibility, ensure equitable consumer protection, and foster a resilient leasing sector in Indonesia.
HUBUNGAN SENGKETA DALAM CV STABILITAS OPERASIONAL PERUSAHAAN Juhana Nuryana; Pandri Zulfikar; Rifqi Syifa’ul Qolbi; Muslimin; Hikmat Ansori; Dian Retno Widayati
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.v6i3.492

Abstract

Commanditaire Vennootschap (CV) is a commercial partnership with unique characteristics involving the separation of roles between managing partners and limited partners. Disputes arising within CV, whether internal or external, significantly impact company operational stability. This study aims to analyze the causal relationship between disputes in CV and company operational stability, and to evaluate effective dispute resolution mechanisms in maintaining business continuity. The research method used is normative legal research with conceptual and statutory approaches. The results indicate that internal disputes between managing partners and limited partners, typically stemming from unclear authority distribution under Article 20 of the Commercial Code, negatively affect financial stability, company reputation, and internal partner relationships. External disputes with third parties, particularly regarding breach of contract and industrial relations disputes, cause operational disruptions, decreased productivity, and financial losses. This study recommends strengthening Alternative Dispute Resolution (ADR) mechanisms, clarifying cooperation agreements, and implementing periodic audits as risk mitigation strategies for CV disputes.
ANALISIS YURIDIS PERLINDUNGAN KONSUMEN TERHADAP PRAKTIK PINJAMAN ONLINE ILEGAL DI INDONESIA Naek Efendi; Hasnah Aziz; Asep Mulyana; Tugimin Harjotaruno; Dadang Rachmat; Juhana Nuryana
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.v6i3.495

Abstract

Abstract The development of financial technology (fintech) lending in Indonesia has brought significant transformation in financial service access, yet simultaneously raised serious problems regarding the proliferation of illegal online lending practices. These practices involve misuse of consumers personal data, digital intimidation, exorbitant interest rates, and various actions that substantially harm consumers. This article aims to analyze juridically the legal protection framework for consumers against illegal online lending practices in Indonesia. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, court decisions, Financial Services Authority reports, and scientific literature studies. The results show that consumer protection against illegal online lending practices faces multidimensional challenges, including regulatory weaknesses that do not comprehensively regulate digital lending aspects, law enforcement limitations due to the transnational nature of perpetrators, and low consumer financial literacy. This article recommends the need for harmonization of legislation, strengthening of cross-institutional cooperation, and revitalization of consumer education to create an online lending ecosystem that effectively protects consumer rights.
Co-Authors Asep Mulyana Dadang Rachmat Dian Retno Widayati Gunarto Wardono Hasnah Aziz Hikmat Ansori Muslimin Mustofa Kamil Naek Efendi Pandri Zulfikar Rahmat Wijaya Raliyanto Budi Wikarno Rifqi Syifa’ul Qolbi Siti Humulhaer Tugimin Harjotaruno