Udin Silalahi
Law Department, Universitas Pelita Harapan, Indonesia

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Juridical Analysis of the Rejection of Judicial Review (PK) in the Case of PT Mas Murni Indonesia, Tbk (in Bankruptcy): A Review of Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025 Sheren Michi Tjandra; Claureria Angie Ely; Angelica Angelica; Udin Silalahi; Joy Zaman Felix Saragih
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.1997

Abstract

Judicial Review is an extraordinary legal remedy designed to uphold legal certainty and justice in civil cases, including bankruptcy proceedings. This paper examines the application of Judicial Review in the bankruptcy case of PT Mas Murni Indonesia, Tbk, based on Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025. The study emphasizes the role of PK as a corrective mechanism against final and binding decisions, as well as the legal reasoning employed by the judges in reaching their verdict. PK in bankruptcy cases carries distinct characteristics, as it involves balancing the rights of creditors and debtors while ensuring legal certainty within the business sphere. The scope of PK is strictly limited by statutory provisions, particularly Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU) and Law No. 48 of 2009 on Judicial Power. This research adopts a normative juridical method with statutory and case approaches, utilizing primary legal materials on bankruptcy and extraordinary remedies. Qualitative analysis reveals that despite its limited scope, PK plays a significant role in correcting misapplications of law with substantive justice implications. In the case of PT Mas Murni Indonesia, Tbk, the Supreme Court emphasized the necessity of balancing legal certainty with fairness and utility. Accordingly, this study contributes to a deeper understanding of the dynamics of Judicial Review in bankruptcy cases and illustrates how Indonesian judicial practice strives to achieve justice in line with the ultimate purpose of law.
The Role of Local Government in Boosting Investment Under East Java Provincial Regulation No. 4 of 2021 Udin Silalahi; Joy Zaman Felix Saragih; Sheila Ananda Siregar; Muhammad Daffa Syahputra; Jocelyn Phebelia Susanto; Ananda Bima Al Wajdi Majid Pranoto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2226

Abstract

Investment plays a crucial role in driving regional economic growth, creating jobs, and improving public welfare. As part of the governance structure, local governments are responsible for creating a conducive investment climate through supportive policies and regulations. East Java Provincial Regulation Number 4 of 2021 concerning Investment serves as the legal basis for managing and developing investment in East Java. This study aims to analyze the role of local governments in increasing investment based on the provisions of this regulation and identify challenges in its implementation. The method used in this research is a normative-juridical approach, examining laws and regulations, legal documents, and related literature. The study results indicate that local governments play a role in formulating investment policies, simplifying licensing processes, providing incentives, and fostering and supervising investment activities. However, implementation still faces obstacles such as complex bureaucracy, limited supporting infrastructure, and suboptimal inter-agency coordination. Therefore, efforts to strengthen policies, improve licensing services, and foster synergy between local governments and business actors are needed to achieve the goal of increasing investment effectively and sustainably.
Licensing Procedures for Palm Oil Mills in North Sumatra: Integration of Investment Law and Regional Ecological Impacts Udin Silalahi; Joy Zaman Felix Saragih; Frederick Xaverius Tjipto; Dilla Elfira Damanik; Nadya E. Hutagaol
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2242

Abstract

North Sumatra plays a vital role in Indonesia’s palm oil industry thanks to the region’s extensive plantation areas and high level of processing. The development of Palm Oil Processing Plants (PPKS) is governed not only by plantation regulations but also by Law No. 25 of 2007 on Investment, which adopts principles of sustainability and environmental responsibility. This research aims to examine and evaluate the level of integration between policies that promote investment facilitation and the obligation to control environmental impacts in the POM licensing process at the regional level. This research uses a normative juridical method with a qualitative descriptive approach, focusing on the examination of applicable licensing regulations and their implementation in the region. Based on the results of the analysis, it is known that the application of the risk-based licensing system has had a positive impact in improving investment process efficiency. However, this improvement has not been fully accompanied by the effectiveness of environmental supervision. This condition is reflected in the persistence of environmental problems, such as the decline in river water quality and increasing greenhouse gas emissions in several locations. These findings indicate that strengthening post-licensing supervision is a very crucial matter to undertake. In addition, closer integration between investment policy and environmental protection instruments is also needed in order to create a balance between economic growth and environmental sustainability. Thus, the development of the palm oil industry is expected to proceed in a sustainable and responsible manner.