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Analytics

Natia Nurfaza; Cupian Cupian; Donny Hardiawan

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study analyzes the implementation of the murabahah contract in resolving Non-Performing Financing (NPF) for micro-enterprises through collateral auction at the Bank Syariah Indonesia (BSI) Ahmad Yani Branch Office, Area Bandung Raya. The primary objective is to analyze the conformity of the auction process with comprehensive Sharia principles (fiqih muamalah), particularly focusing on the final stage of debt resolution. Employing a qualitative-descriptive method, data was gathered through literature review and direct interviews with personnel from the bank's collection and recovery department. The findings indicate that the NPF resolution procedure is conducted systematically and ethically, beginning with warnings, mediation, and intensive restructuring efforts, such as rescheduling and reconditioning, in line with the spirit of ta'awun and Fatwa DSN MUI No. 48/2005. The auction is only performed as a final, likuidatif resort when the customer is non-cooperative or entirely unable to pay after all 3R attempts have failed. Crucially, the process generally aligns with positive regulations and Sharia provisions, including the transparent process of Muzayyadah through KPKNL. Key aspects of Sharia compliance include the bank's commitment to returning any surplus funds from the collateral sale directly to the customer, thereby avoiding ghulul (fraudulent gain), and the provision of the option to waive the remaining debt for customers deemed genuinely unable to fulfill their obligations, in line with Fatwa DSN MUI No 47/DSN-MUI/II/2005. This research provides practical insights for Islamic financial institutions on balancing effectiveness in debt resolution with the imperative of comprehensive Sharia compliance and ethical transactional justice.

Kartika Eka Pertiwi; Sudaryat Sudaryat; Ema Rahmawati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Suspension of Debt Payment Obligations (PKPU) is a rehabilitative mechanism, but it is susceptible to bad faith abuse. This case study examines Homologation Decision No. 62/Pdt.Sus-PKPU/2021/PN Niaga Sby, where judges ratified a composition plan creating a "Previous Trade Creditors" category. This clause, targeting unregistered creditors, effectively resulted in a 95% debt write-off, injuring the Principle of Justice. This research aims to analyze the judges' legal considerations in ratifying this clause and examines their failure to apply material judicial obligations regarding the debtor's bad faith. This research utilizes a normative juridical method with a statute and case study approach. The analysis is qualitative, examining the decision and relevant legislation, supplemented by an interview with a practicing Commercial Court judge. The primary finding is that the judges' considerations were overly positivistic, focusing only on the formal voting quorum (Article 281, UU KPKPU). They failed to execute their imperative duty under Article 285(2)(c) to reject a plan achieved via "dishonest means". The 95% write-off is prima facie bad faith and is punitive, not rehabilitative. The judges misinterpreted the Publicity Principle; non-registration should only cause the loss of voting rights (procedural), not the loss of claim rights (substantive). This failure of material judicial review legitimized the abuse of the PKPU institution.  

Warow, Gregorius Excelcis

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to examine the authority of the Corruption Eradication Commission (KPK) in handling connectivity corruption cases after the Constitutional Court Decision Number 87/PUU-XXI/2023. This research is a normative legal research with a statute approach and a case approach, using primary and secondary legal materials collected through literature studies. The results of the study show that the Constitutional Court interpreted Article 42 of the KPK Law constitutionally conditionally, so that the KPK remains authorized to handle connectivity cases as long as the handling begins from the beginning by the KPK. This decision provides legal certainty as well as strengthening legitimacy for the KPK in handling cases involving legal subjects from the general and military courts at the same time. This study also shows that structural barriers, multi-interpreted legal substance, and sectoral legal culture are serious challenges in connectivity law enforcement practices. Therefore, it is necessary to harmonize regulations and strengthen the legal structure and culture between institutions in order to realize a more effective, fair, and non-discriminatory eradication of corruption.

Kintannia Khairunnissa Indriyanti

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

A fiduciary guarantee agreement is a formal agreement that must be stated in a notarial deed as regulated in Article 4 of the Fiduciary Guarantee Law. This provision states that a fiduciary guarantee is a subsidiary agreement of the main agreement that creates an obligation for the parties to fulfill a performance. Execution, in this context, is a legal action carried out based on a legally binding decision. Article 15 paragraph (2) of the Fiduciary Law explains that the executorial power of a fiduciary guarantee certificate allows for direct implementation without going through a court, is final, and binds the parties. This research uses an empirical normative method, namely combining library studies with field research. Primary data was obtained through interviews with Judges of the Yogyakarta District Court, Judges of the Sleman District Court, the Yogyakarta State Assets and Auction Service Office (KPKNL), and the Yogyakarta Regional Office of the Ministry of Law and Human Rights. Secondary data comes from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively. The research results indicate that following Constitutional Court Decision No. 18/PUU-XVII/2019, the execution of fiduciary collateral objects can no longer be carried out unilaterally by creditors, but must instead be filed through the District Court. This provision balances the legal standing between debtors and creditors and prevents potential arbitrariness. Nevertheless, execution through the courts is an alternative if there is no agreement between the parties regarding a default. The court's role following the Constitutional Court decision includes resolving disputes between creditors and debtors and ensuring that execution procedures are carried out in accordance with the HIR (Regional Regulations for the Protection of Creditors), RBG (Regional Regulations for the Protection of Creditors), and the Supreme Court's technical instructions. In general, the execution mechanism through the courts is considered quite effective in ensuring legal protection for both parties.

Lijan Poltak Sinambela; Siddig Alamsyah; Muhammad Teguh Herwidiyanto

International Journal of Management Science and Entrepreneurship 2025 International Forum of Researchers and Lecturers

Corruption is an extraordinary crime that damages the foundation of the state. In the context of Government Procurement of Goods/Services (PBJP), corrupt behavior still occurs even though it has been regulated through Presidential Regulation Number 12 of 2021 as an amendment to Presidential Regulation Number 16 of 2018. The implementation of the PBJP policy is considered to be not able to effectively suppress the potential for corruption, so other variables are needed that affect the effectiveness of the policy. This study aims to analyze the direct and indirect influence of the leadership style and quality of human resources (HR) of the state civil apparatus on the potential for corruption through the implementation of PBJP policies. The research method used is quantitative with the Partial Least Squares - Structural Equation Modelling (PLS-SEM) approach, which aims to test the relationship between latent variables and confirm the influence of leadership style and quality of human resources on potential corruption through the effectiveness of PBJP implementation. The research population includes elements of PBJP policy implementation within the Corruption Eradication Commission (KPK), including PPK, procurement officials, UKPBJ working groups, and goods/service providers. The sample was determined by purposive random sampling, consisting of internal and external implementers of PBJP at the KPK with a budget value of more than IDR 1 billion in the 2024 fiscal year. The results of the study show that leadership style has a positive effect on the implementation of PBJP and directly reduces the potential for corruption. The quality of ASN human resources has a positive effect on the implementation of PBJP, but it has a double effect on the potential for corruption. The mediation test showed that the implementation of PBJP mediated part of the influence of leadership style and human resource quality on potential corruption, with the direction of influence changing from positive to negative. These findings confirm the importance of the effectiveness of the implementation of PBJP policies in suppressing the potential for corruption within the KPK.

Hanif Fonda; Riswadi, Riswadi

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

In order to determine who has the right to take business assets implicated in money laundering offenses, this paper examines the legal loophole in Law Number 8 of 2010 about the Prevention and Eradication of Money Laundering offenses (UU TPPU). The efficacy of law enforcement may be weakened and the process of recovering assets from crimes may be hampered by the ambiguous authority and lack of regulatory synchronization. Combining a statutory and conceptual approach with a normative legal technique, this study examines the implications of legal uncertainty on the mechanism of asset confiscation in eradicating TPPU. This research result indicates that the lack of authority in implementing asset forfeiture consequences results in inconsistent legal procedures, overlapping institutional roles, and slows down the recovery of state assets. Therefore, legal reform is needed through amendments to Article 9 of the TPPU Law and alignment with the Criminal Code (KUHP) and other related regulations so that the mechanism of asset confiscation is more precise, more effective, and coordinated. In addition, synergy between investigators, prosecutors, The Corruption Eradication Commission (KPK), and the Financial Transaction Reports and Analysis Center (PPATK) are essential for improving the efficiency of state asset recovery. Regulations and an integrated system make it possible to swiftly and publicly seize assets resulting from criminal activity, which deters criminals, enhances public trust in law enforcement, and ensures that assets obtained illegally can be returned for the benefit of the state and society, while reinforcing the integrity of the justice system.

Rahmad Prasetyo; Suparno Suparno

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Corruption is a severe issue that threatens good government and impedes national growth. Various legislative tools, including Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, have been used in Indonesia to combat corruption, as well as the establishment of special institutions such as the Corruption Eradication Commission (KPK). Although regulations and institutions for eradicating corruption are available, the implementation of the law in the field still faces various obstacles, including weak coordination between law enforcers, political intervention, and the effectiveness of sanctions imposed on perpetrators of corruption. The study seeks to analyze the legal framework governing corruption eradication in Indonesia and identify obstacles in its implementation. This study also looks at legal tactics that can be used to improve the efficacy of anti-corruption efforts. This study takes a normative legal approach and concentrates on analyzing pertinent laws and regulations, court records, and scholarly works. This study's data came from secondary sources including books, scientific journals, and reports from anti-corruption organizations, as well as primary sources like relevant laws and regulations. It is anticipated that this investigation will provide a deeper insight of the effectiveness of the law in eradicating corruption in Indonesia and to find aspects that need to be improved in the existing legal system. Thus, this study can provide academic contributions and practical recommendations for policymakers to strengthen the eradication of corruption in Indonesia. In addition to analyzing the legal framework and challenges, this study also explores the role of public awareness and participation in the fight against corruption in Indonesia. Public involvement, such as through the reporting of corrupt activities and participation in anti-corruption campaigns, can significantly contribute to strengthening anti-corruption efforts.

Nurul Itsna Fawzi’ah; Widi Nugrahaningsih; Aris Prio Agus Santoso

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

An auction is an open sales mechanism that provides the public with the opportunity to acquire goods or assets through the highest bid. This process begins with an official announcement and is carried out transparently. In line with the development of information technology and efforts to modernize public services, the Indonesian government issued Minister of Finance Regulation (PMK) Number 122 of 2023 concerning Auction Implementation Guidelines. This regulation aims to update and simplify the auction process with a digital approach to make it more effective, efficient, and reach the wider community. This study aims to analyze the implementation of PMK 122/2023 at the Surakarta State Assets and Auction Service Office (KPKNL) and identify obstacles encountered in its implementation. The research method used is a juridical-empirical with a qualitative approach, where primary data was obtained through interviews with auction officials and related staff at the Surakarta KPKNL, while secondary data was collected from regulations, official documents, and legal literature. The research results show that the implementation of PMK 122/2023 has had a positive impact on improving the quality of auction services through digitalization, such as the implementation of an e-Auction system, the provision of e-Auction Corner facilities, and the use of other information technology to facilitate public access. Based on Soerjono Soekanto's theory of legal implementation, the success of policy implementation is influenced by factors such as legal substance, law enforcement officers, and the legal culture of the community. The Surakarta KPKNL (National Public Service Agency) is considered successful in increasing efficiency, accountability, and service satisfaction to the community. However, obstacles remain in its implementation, such as disputes over ownership of auction objects, resistance to occupants' evictions, and technical and administrative challenges in using online systems. This research recommends the need for inter-agency synergy, strengthening complementary regulations, and public education to support the smooth and sustainable implementation of digital-based auctions.

A. Junaedi Karso

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The Law on State-Owned Enterprises (BUMN) by the Indonesian House of Representatives on February 4, 2025 has been ratified, and then signed by President Prabowo Subianto on February 24, 2025, destroying the concept of who the state administrators are as regulated in Law Number 28 of 1999 concerning the Implementation of a Clean State Free from Corruption, Collusion, and Nepotism.Law No. 1 of 2025 concerning BUMN, places the directors, commissioners, and supervisors of the state-owned company not as state administrators. This means that the Corruption Eradication Commission or KPK can no longer handle law enforcement in BUMN if corruption occurs, except for the Police, Prosecutor's Office and BPK (supervision), as stated in Article 3X of Law No. 1 of 2025, which states that: "The Agency's organs and employees are not state administrators. It is emphasized again in Article 9G: Members of the Board of Directors, Board of Commissioners, and Supervisory Board of BUMN are not state administrators". Meanwhile, financial supervision is still carried out by the Audit Board as stated in Article 3K: Audit of the management and financial responsibility of the Agency is carried out by the Audit Board. Although in the KPK Law, it is stated in Article 11 paragraph (1) that: "In carrying out the duties as referred to in Article 6 letter e, the Corruption Eradication Commission has the authority to conduct investigations, inquiries, and prosecutions against Corruption Crimes that: a. involve law enforcement officers, State Administrators, and other people related to Corruption Crimes committed by law enforcement officers or State Administrators; and/or b. involve state losses of at least IDR 1,000,000,000.00 (one billion rupiah)".Therefore, the Law Order, the KPK must submit and obey to carry it out, because the Law (UU) functions as a basic or principal rule for organizing the state, regulating society, a tool to limit power, and as a means of social renewal. The Law also functions to regulate life in society, the nation, and the state and is expected to be able to resolve various problems that exist in society.In fact, the impact of corruption in BUMN is no joke. The destruction of economic growth, state and community income can be disrupted which results in direct state losses, but leads to the potential for increasing poverty and the loss of the government's safety net in the form of declining quality of public services and investor confidence in Indonesia, etc.

Rahmad Prasetyo; Faisal Santiago

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is a serious crime that has a significant impact on the government, the economy, and public welfare. The Corruption Eradication Commission (KPK), an independent organization charged with combating corruption, plays a crucial role in the Indonesian legal system and is empowered to carry out investigations, inquiries, and prosecutions against corruption crimes to uphold the supremacy of the law and create a clean government. However, along the way, the KPK's performance has experienced various challenges, both regulation, politics, and technicalities in carrying out its duties. Changes in regulations, especially through the revision of Law Number 30 of 2002 enacted in 2019, are one of the factors that influence the effectiveness of this institution in carrying out its duties. This study strives to analyze the performance of the KPK in enforcing the law on corruption crimes in Indonesia. The main focus of this study includes an evaluation of the effectiveness of the KPK in handling corruption cases, the challenges faced, and strategies that can be applied to improve the performance of this institution. The methods used in this study are normative and empirical juridical methods. The examination of various laws and regulations applying normative legal approaches governing the eradication of corruption, and investigating official documents such as the KPK's annual report. Meanwhile, the empirical approach is carried out by analyzing case data handled by the KPK. The research results are expected to provide an overview of the effectiveness of the KPK in enforcing the law against criminal acts of corruption and provide constructive recommendations for efforts to eradicate corruption in Indonesia.

Gunawan Widjaja; Songga Aurora Abadi; Sukh Pawen Jit Kaur

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Constitutional Court's decision No. 112/PUU-XX/2022, which changed the term of office for the leadership of the Corruption Eradication Commission (KPK) from four years to five years, has sparked controversy in the realm of Indonesian constitutional law. The Constitutional Court, which is supposed to act as a negative legislator, is considered to have exceeded the limits of its authority by establishing new norms in its decision. This research aims to analyze whether the action is a form of deviation of the Constitutional Court's authority referring to the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court. This research uses a normative juridical method with a descriptive-analytical approach through a literature study of regulations, scientific journals, and other legal sources. The research findings indicate that the Constitutional Court not only declared Article 34 paragraph (1) of the KPK Law contrary to the 1945 Constitution, but also stipulated a direct change in the term of office to five years, including for the current KPK leadership. This action is considered a form of judicial activism that deviates from the principle of separation of powers and the principle of non-retroactivity of law. In conclusion, the Constitutional Court's decision creates legal uncertainty, opens space for politicization of the judiciary, and sets a negative precedent in Indonesia's constitutional system. Therefore, it is necessary to reaffirm the limits of the authority of the Constitutional Court in order to remain within the framework of constitutional law that upholds the principle of checks and balances at all times.

Cahaya, Rexajune Maharty Sukma; Elen Puspitasari; Cahaya, Rexajune Maharty Sukma

KOMPAK : Jurnal Ilmiah Komputerisasi Akuntansi 2025 Universitas Sains dan Teknologi Komputer

The management of State-Owned Goods (SOG) is a crucial aspect of asset management that requires an effective and efficient system. This study aims to analyze the optimization of the State Asset Management Information System (SIMAN) as a tool for managing SOG at the Office of State Treasury and Auction Service (KPKNL) Semarang. Using a descriptive qualitative approach, this research evaluates the implementation of SIMAN in improving the accuracy, efficiency, and transparency of SOG management. The findings indicate that the implementation of SIMAN successfully integrates all aspects of SOG management into a comprehensive digital platform, accelerating the processes of inventory, recording, and reporting SOG. Furthermore, the system facilitates monitoring and auditing by providing real-time and accurate data. The improvement in coordination among units and the use of user feedback are key factors in the system's optimization. However, challenges related to human resource training and technological infrastructure support still require further attention. Overall, SIMAN has had a positive impact on organizational performance and has strengthened accountability and transparency in the management of SOG at KPKNL Semarang.

Thesalonika Djumaifin; Felix Chandra P; Tries Ellia Sandari

Jurnal Ekonomi Keuangan Syariah dan Akuntansi Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Corruption in Indonesia has evolved into a complex phenomenon, often involving money laundering and financial statement manipulation as mechanisms to conceal illicit assets within seemingly legal financial systems. This study focuses on the bribery case involving the Regent of Kepulauan Meranti as the research object, aiming to trace the flow of funds, financial manipulation techniques, and the involvement of both individual and corporate actors. The objective of this research is to analyze the interconnection between corruption, money laundering, and financial statement fraud, and to examine the legal implications of the criminal charges applied within Indonesia’s penal system. This study adopts a qualitative approach using a case study method, with primary data drawn from official documents issued by the Corruption Eradication Commission (KPK) and secondary data from credible media sources. The findings reveal that the corruption scheme was systematically carried out by disguising illegal funds through property investments and business entities. The study also highlights the insufficient application of cumulative charges and emphasizes the need for regulatory enhancement, particularly concerning illicit enrichment provisions. This research underscores the urgency of reforming supervision systems, penal structures, and strengthening the role of forensic accounting in detecting and preventing organized financial crimes in the public sector.

Veronika Christine Mevelia; Devina Shava Amalia; Tries Ellia Sandari

Riset Ilmu Manajemen Bisnis dan Akuntansi 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Corruption is a structural problem that continues to hamper development and equitable welfare in Indonesia. The data sources used consist of 13 national scientific journals, 3 reports from non-governmental organizations (ICW, KPK, TII), and 4 credible mass media outlets (Kompas, Tempo, CNBC Indonesia, and BBC Indonesia) published between 2019 and 2025. The purpose of this article is to evaluate the consistency and institutional challenges in anti-corruption efforts, as well as to recommend strengthening the integrity system in public policy governance in the future. Based on an analysis of three strategic cases—e-KTP, COVID-19 social assistance, and the free lunch program—the role of the Corruption Eradication Commission (KPK) shows a transformation from a repressive approach to a more preventive and systemic one. In the e-KTP and social assistance cases, the KPK emphasized its strong law enforcement function, while in the free lunch program, the KPK positioned itself as a strategic supervisor from the planning stage to prevent potential irregularities.

Layla Hanisa; Anggun Pratiwi; Tries Ellia Sandari

Jurnal Kendali Akuntansi 2025 International Forum of Researchers and Lecturers

The purpose of this study is to analyze the state impact caused by each corruption case in Indonesia from 2022-2025. This research uses descriptive qualitative research. The data in this study are secondary data sourced from scientific journal articles, reports from anti-corruption organizations, such as TI, ICW, KPK, and mass media. Data collection techniques are in the form of literature studies with analysis techniques by analyzing data reduction or selecting relevant information, presenting data arranged systematically, and drawing conclusions. The results of this study show that these cases resulted in very significant state economic losses, reaching trillions of rupiah. In addition to financial losses, corruption also has a negative impact on the environment, infrastructure, business climate, and public trust in the government and BUMN. Extensive environmental damage occurred due to illegal mining practices, while BTS 4G projects were hampered in their construction, and in other cases reduced investor and public confidence. Overall, the corruption exposed weaknesses in oversight and governance systems in SOEs and government projects.

Adia Talitha; Dimas Ramdhani Abimanyu Permadi; Sanesa Putri Vinata; Cantika Putri Tuti Susanti; Nabila Aprilia Arianto +3 more

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is an abuse of power, the impacts of corruption include damaging democratic values, morality, harming the state financial system, violating the social and economic rights of the community and being a threat to the ideals of a just and prosperous society. This can be seen from the cases of corruption that have been successfully uncovered by the KPK, namely the corruption of Pertamina which has been prosecuted at the Central Jakarta District Court. The method used is normative legal research with a statutory regulatory approach. This research aims to prevent significant state losses, ensure the accountability of public officials, and maintain the integrity of the company. In addition, this effort is to create public trust in the management of national energy resources. The results of the study show that this process involves coercive measures recorded in the examination report. The Attorney General's Office is currently examining eight witnesses, including Fitra Eri, in a case of alleged corruption related to the management of crude oil and refinery products of PT Pertamina (Persero)..  

Maktisen Ena; Narita Yuri Adrianingsih

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2025 Lembaga Pengembangan Kinerja Dosen

This community service aims to improve learning outcomes and the process of learning mathematics, especially the Greatest Common Factor (GCF) and the Least Common Multiple (LCM) in Elementary Schools to be more active and enjoyable. Learning LCM and LCM in Elementary School children can be said to have not had much impact because some students do not understand the process of solving LCM and LCM through factor trees and factoring. Community service activities were carried out in one day at SD GMIT Lamalu, Pantar District, Alor Regency. We were present to deliver material about LCM and LCM. During the community service, several students were interested in completing the material or questions given using factor trees. In the learning process about LCM and LCM, it can run well and can improve the quality of learning for students at SD GMIT Lamalu.

Maktisen Ena; Narita Yuri Adrianingsih

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2025 Lembaga Pengembangan Kinerja Dosen

This community service aims to improve learning outcomes and the process of learning mathematics, especially the Greatest Common Factor (GCF) and the Least Common Multiple (LCM) in Elementary Schools to be more active and enjoyable. Learning LCM and LCM in Elementary School children can be said to have not had much impact because some students do not understand the process of solving LCM and LCM through factor trees and factoring. Community service activities were carried out in one day at SD GMIT Lamalu, Pantar District, Alor Regency. We were present to deliver material about LCM and LCM. During the community service, several students were interested in completing the material or questions given using factor trees. In the learning process about LCM and LCM, it can run well and can improve the quality of learning for students at SD GMIT Lamalu.

Salsabil Qodrunnada; Elisatris Gultom; Sudaryat Sudaryat

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A separatist creditor are those holding proprietary security rights over a debtor’s assets, granting them preferential claims in the satisfaction of debts through the execution of the collateral. Article 59 of the Indonesian Bankruptcy and Suspension of Debt Payment Obligations Law (UU KPKPU) restricts the exercise of such execution rights to a period of two months following the declaration of bankruptcy. This limitation raises issues of fairness, as it treats all creditors equally without regard to the legal priority attached to secured creditors. The provision risks undermining the absolute nature of proprietary security rights and deviates from the principle of proportional justice as articulated by Aristoteles. This article adopts a normative legal approach, examining statutory provisions, legal principles, and relevant doctrinal opinions. The findings suggest that the uniform treatment of secured and unsecured creditors after the expiry of the execution period is inconsistent with the fundamental characteristics of secured rights, namely their priority and enforceability against third parties. Accordingly, a revision of the existing legal framework is necessary to ensure the proper and equitable enforcement of secured creditors' rights in bankruptcy proceedings.

Revana Revana; Vera Ayu Lestari; Meydilah Ayu Nafisah; Alfiki Istumetia Laila.R; Elza Putri +1 more

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The corruption that occurred at PT Pertamina reflects the weak integrity of public officials and the inadequacy of internal oversight systems. The positive legal approach has proven ineffective in addressing corruption in practice. Therefore, this study departs from the need for an alternative approach based on Islamic political values such as trustworthiness (amanah), justice, and supervision in addressing corruption within state-owned enterprises (SOEs). This research employs a descriptive qualitative approach using a literature review method. Data were collected from academic journals, official reports by the Corruption Eradication Commission (KPK) and the Audit Board of Indonesia (BPK), as well as credible media sources. The data were analyzed by categorizing them according to the principles of trustworthiness, justice, and supervision, and then interpreted through the framework of Islamic political thought to deeply understand the root causes of corruption. Corruption in PT Pertamina involves power protection, budget manipulation, and procurement fraud. Violations of trust, injustice in resource distribution, and weak supervision indicate the absence of Islamic principles in corporate governance. Ethical and spiritual values have not yet been internalized within the bureaucratic system and organizational culture of SOEs. This study concludes that corruption in PT Pertamina is a result of the loss of trust, the breakdown of justice, and weak oversight. An Islamic political approach that emphasizes ethics and spiritual responsibility is highly relevant to be applied. These values can help form a just and transparent governance system and rebuild public trust in SOEs.