Jurnal Hukum Bisnis Bonum Commune

Settlement of Default Due to Loss of Collateral: A Case Study of PT. Federal International Finance (FIF Group)

2025-08-03T09:31:26+00:00

The rapid growth of human needs, driven by advances in science and technology, has given rise to various purchasing methods such as buying, renting, and borrowing. Among secondary needs, personal vehicles, especially motorcycles, play an important role in daily mobility. The normative method is used to examine the legal issues raised by the researcher, using a conceptual approach along with a legal approach. To support economic growth in Indonesia, financial institutions, including banks and non-banks, have emerged as intermediaries that provide funds to improve the living standards of citizens. PT. Federal International Finance (FIFGROUP), a financing company, offers motorcycle financing with insurance coverage from PT. Astra Honda Motor, which includes a Total Loss Only (TLO) policy, protects against theft, accidents, and loss. Regulations such as Minister of Finance Regulation No. 130/PMK. 010/2012 mandates the registration of fiduciary guarantees for motor vehicle financing. While various insurance policies are available including life, health, and vehicle insurance, problems may arise, such as cases where customers face low compensation claims after a motorcycle theft. The laws and regulations under the Civil Code stipulate that the obligation to return financing can be removed if the collateral is lost without fault. Therefore, if the motorcycle is lost and not due to the debtor's fault, then the financing agreement can be considered null and void and the debtor is free from further payment obligations. Insurance liability includes compensatory measures to ensure claims are processed fairly, but certain provisions may not apply uniformly. The insurer's obligation is to provide compensation after assessing the event that caused the loss, ensuring that the contractual obligation is fulfilled within the stipulated time frame, thus protecting the rights of consumers in unexpected circumstances.

Optimalization of Legal Instruments for Beneficial Ownership Identification and Reporting in Indonesian Cooperative Sector

2025-08-27T12:49:31+00:00

This research is important to examine the concept of beneficial ownership in the context of cooperatives in the Indonesian legal system, where this concept only exists in the limited liability company regime. This study uses normative legal methods with a legislative approach, a conceptual approach, and a comparative approach. The findings of this study show that the concept of beneficial ownership reporting in Indonesia does not clearly regulate the cooperative sector, and in comparison with the European Union, Germany, France, and Japan, which already regulate this matter in detail. This study looks at the concept of beneficial ownership reporting compared to 3 (three) countries, where the concept and reporting procedures are more clearly regulated in those countries. Furthermore, this shows the existence of legal certainty for beneficial ownership reporting in Indonesia in the cooperative sector and must defend the right of data privacy, but only the government must know the beneficial ownership, not the public. This study compares the concept of beneficial ownership and finds the ideal concept for the cooperative realm in Indonesia.

Regulating the Space Above Land in Indonesia: Toward a Business Law-Based Framework for Legal Certainty and Vertical Development

2026-01-02T02:49:32+00:00

This article critically examines the fragmented legal regulation of airspace above land in Indonesia, emphasizing its incompatibility with the Basic Agrarian Law. Despite the increasing demand for vertical urban development, Indonesian statutory instruments governing spatial use, buildings, and land rights remain conceptually and normatively disconnected, resulting in significant legal uncertainty. Employing a doctrinal legal research method, this study analyzes philosophical, dogmatic, and normative dimensions of airspace regulation to identify inconsistencies that undermine the coherence of the land law system. From a business law perspective, the absence of clearly defined, transferable, and registrable rights over airspace poses substantial obstacles to commercial transactions, investment security, and financing in the real estate sector. Developers and investors face heightened legal risk due to the lack of a distinct legal status for airspace as an object of rights. To address these challenges, the article undertakes a comparative analysis of Singapore and Japan, jurisdictions that recognize airspace as a separate legal object subject to specific regulatory and licensing regimes. Drawing from these comparative insights, the article proposes the adoption of an airspace licensing regime in Indonesia. Such reform would harmonize airspace regulation with the Basic Agrarian Law, enhance legal certainty, support vertical urban expansion, and create a more investment-friendly framework for Indonesia’s rapidly growing property and infrastructure sectors.

Financial Reconstruction of State-Owned Enterprises in Indonesia as Special State Finances: Public or Private Law?

2025-10-11T07:46:50+00:00

Changes to the SOEs law, particularly Law 1/2025 and Law 16/2025, pose problems because they place SOE finances and management entirely in the private domain, which contradicts the ratio decidendi of several Constitutional Court Decisions. This study aims to analyze reconstruction efforts related to conceptual renewal that position SOE finances as special state finances and their legal implications. This research is normative legal research that prioritizes conceptual, legislative, case, and comparative approaches. This study finds that SOE finances and management are constitutionally and systematically part of special state finances with a dual character, namely having both public and private legal dimensions. Comparative studies with China and Singapore show that although the design of state control differs, both emphasize the accountability of state assets and the operational efficiency of state-owned enterprises. The finances and management of SOEs, which are part of the state's special finances, have legal implications for the Board of Commissioners, the Board of Directors, and the Supervisory Board, who can be held criminally liable for SOE losses, unless the business decisions made were in accordance with the principles of prudence, good corporate governance, and the business judgment rule. This research recommends a thorough revision of Law 1/2025 and Law 16/2025, as well as filing for judicial review, because the substance of these two laws is not in line with the ratio decidendi of the Constitutional Court's decision, which states that the finances of SOEs fall within the realm of public and private law.

The Legal Framework of the Investment Agreement as A Prerequisite for Achieving the Interests of the Parties to the Public-Private Partnership

2025-12-02T01:04:46+00:00

The purpose of the article is to examine specific features of relations in the field of investment activity arising as a result of concluding relevant investment agreements, and to propose theoretical and practical directions for intensifying these relations with a view to satisfying public and private interests within the framework of public-private partnership. The article is based on a set of various methods of scientific cognition described in the relevant subsection. The methods include: classical methods of analysis and synthesis, comparative legal method and comparative studies method, historical method, dialectical method, formal legal method, modern methods based on hermeneutical approaches, systemic and structural method, comparison method, grammatical and systematic methods of interpreting legal provisions, modeling method, economic analysis methods, functional method, etc. The result of the study is a proposed classification of investment treaties into groups for use in practice and legislation, a proposal to adjust the role of the state in investment processes, and a clarification of certain elements of investment treaties, including the procedure for concluding investment treaties in the direction of simplification, etc. The author proposes to legitimize the term “investment treaty” in the theory, legislation and practice of different countries and interstate entities with its division into two large groups: “macroeconomic (public) investment treaties” and “microeconomic (private) investment treaties”.

The The Lease Grant Model as a Scheme for Utilizing Regional Property: an Alternative Approach to Implementing Proportionality between Regional Revenue Policies and Business Interests

2026-01-09T04:23:15+00:00

The five schemes for utilizing Regional Property in Article 27 of GR No. 27 of 2014 did not provide proportional justice for the grantor when using the regional property with a lease scheme. The purpose of this study is to analyze and formulate the lease grant model as a new alternative in the utilization scheme of Regional Property. This research is normative legal research with a statutory and conceptual approach. Legal materials are analyzed normatively. The results of the study found that according to the provisions of Article 27 of GR No. 27 of 2014 in conjunction with Article 81 of RM of Home Affairs No. 19 of 2016, Regional Property can be utilized with five schemes, namely leasing, borrowing, utilization cooperation, build operate transfer/build transfer operate, and cooperation in providing infrastructure. The five schemes do not provide justice proportionally to the community or granting business actors who want to utilize Regional Property with a lease scheme. There is no specificity of arrangements in the utilization of Regional Property with a lease scheme by the grantor. For this reason, a Regional Property lease grant scheme with special characteristics is needed, namely (1) The parties are the Regional Government and the community or business actors as lease grantors; (2) The object is Regional Property originating from community grants or business actors; and (3) Special procedures are needed to implement the lease grant scheme as an effort to provide proportional justice including in determining the rent adjustment factor.

Relevance between Strict Liability Theory and Banking Crimes in the Transfer of Customer Funds: Negligence and Intent

2025-12-02T01:16:54+00:00

This article discusses the relevance of the Strict Liability theory to banking crimes in the transfer of customer funds involving elements of negligence as well as intent committed by bank managers. Strict liability places responsibility on the perpetrator without the need to prove fault, but rather by establishing a causal relationship between the act and the harm. In the context of civil law, Articles 1365 and 1367 of the Indonesian Civil Code recognize a form of liability resembling this concept through the mechanism of vicarious liability, whereby the bank as employer may be held liable for the unlawful acts of its employees. However, in practice, proof of negligence is often still required, so its application does not fully reflect pure strict liability. The Indonesian positive legal framework, through Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector, Financial Services Authority (OJK) regulations on risk management, as well as corporate criminal law (Supreme Court Regulation No. 13 of 2016), provides a basis for regulating the bank's liability for customer losses, whether due to negligence or intent. Case studies of customer fund misuse at Maybank emphasize the importance of applying this principle to strengthen legal protection and improve banking governance, especially for customers harmed by the actions of bank managers. This research is normative in nature, employing a legislative approach and case analysis, aiming to assess the extent to which the strict liability theory can be explicitly adopted within the Indonesian banking legal framework to ensure optimal protection of customer funds.

Legal Duties in Delivering Auctioned Assets as Legal Responsibilities of Execution Auction Sellers: Comparative Perspective

2025-12-10T12:05:09+00:00

In execution auctions, delivering auctioned assets to the winning bidder is not merely a procedural formality but constitutes a fundamental legal obligation that directly affects fairness, legal certainty, and the overall integrity of the enforcement system. Although the auction itself may have been formally concluded, various problems frequently occur at the post-auction stage, such as prolonged delays in delivery, outright refusal to hand over assets, or the emergence of legal ambiguities regarding the scope of responsibility among different actors. These issues not only undermine public trust in the auction mechanism but also diminish the value of judicial enforcement as a means of protecting rights and upholding justice. This article specifically examines the legal responsibilities of execution auction sellers, particularly courts, bailiffs, and other appointed officials, in ensuring that the transfer of assets to winning bidders proceeds effectively and without obstruction. Employing a justice-based legal approach, the study combines doctrinal analysis with comparative insights by referencing practices in Indonesia and selected civil law jurisdictions, including Germany and the Netherlands. Such comparison highlights structural weaknesses in Indonesia’s regulatory framework, which insufficiently safeguards the rights of winning bidders once the auction has concluded. The findings suggest that legal reform is urgently needed to harmonize procedural law with the principles of fairness, effectiveness, and institutional accountability. Strengthening legal clarity and enforcement mechanisms would not only protect buyers but also reinforce the legitimacy of execution auctions as instruments of justice within the broader system of business law.