Fradhana Putra Disantara
Institute of Technology and Business Yadika Pasuruan

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IUS Constituendum Of Expert Advisor In Commodity Futures Trading: A Legal Certainty I Gede Agus Kurniawan; Lourenco de Deus Mau Lulo; Fradhana Putra Disantara
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1170

Abstract

This study aims to construct further arrangements regarding Expert Advisors in commodity futures trading. The legal issue being studied is the legal vacuum of regulating trading robot software or commonly known as an Expert Advisor in commodity futures trading. The novelty of this research is legal discovery through the legal construction of the development of Expert Advisors in commodity futures trading. The study confirmed that the urgency setting up an Expert Advisor as a futures adviser in commodity futures trading is needed in order to provide legal certainty for commodity futures transaction actors. Legal certainty related to the arrangement of Expert Advisors as futures advisers in commodity futures trading is also needed for CoFTRA as a supporting element of the Ministry of Trade as well as being a supervisor and enforcer of various legal provisions in the practice of commodity futures trading. Therefore, the supervision and enforcement process can be more optimal and guarantee legal certainty, benefits, and fairness for commodity futures trading actors. The Ius constituendum of expert advisor as an adviser in commodity futures trading to ensure legal certainty can be carried out by revising the Law on commodity futures trading, including conducting a judicial review at the Constitutional Court regarding the provisions in the Law on commodity futures trading.
The Integralistic State Idea: Reconstruction of Administrative Efforts Perspective Fradhana Putra Disantara; Ratna Maya Permatasari A. B; Fawaidil Ilmiah; Ruetaitip Chansrakaeo
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v6i2.30982

Abstract

Administrative efforts as part of the state administrative and legal process must be taken as an initial means before the settlement is carried out in court. In this case, administrative efforts are efforts to optimize non-litigation dispute resolution steps. This study attempts to present a prescription for administrative efforts associated with the idea of an integralistic state. This research is legal research. This study uses primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law No. 30 of 2014 on Government Administration, and Supreme Court Regulation No. 6 of 2018. Secondary legal materials include books, articles, and other scientific works, especially those related to the idea of an integralist state initiated by Supomo. Non-legal materials include legal dictionaries. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the mandatory administrative effort in the Law No. 30 of 2014 on Government Administration is a progressive step because it emphasizes the values of the civilized nation, which focuses more on non-litigation dispute resolution. In addition, the reconstruction of the practice of administrative efforts needs to be carried out by socializing and providing an understanding of the importance of administrative efforts as well as the need for technical guidelines for the implementation of administrative efforts in each institution as well as increase the capacity of institutional leaders.