Journal of Law, Politic and Humanities (JLPH) from Volume 5 Number 2 of 2024 to Volume 10 Number 1 of 2029 Accredited Sinta Rank 3 according to Accreditation number: 295/C/C3/KPT/2026, February 3rd, 2026. Journal of Law, Politic and Humanities (JLPH) is a research journal in the field of Law, Humanities, and Politics published since 2020 by Dinasti Research Publisher under the auspices of the Yayasan Dharma Indonesia Tercinta (DINASTI) and Universitas Winaya Mukti (UNWIM) Bandung. This journal aims to disseminate research results to academics, practitioners, students, and other parties with an interest in the field of law. The editor accepts manuscripts that have never been published by other media. Published research is the personal opinion of the researcher and not the opinion of the editor or Dinasti Research. The journal is published periodically 6 (six) times a year. The selection of articles to be published in JLPH has gone through a review process by the editorial team taking into account the following matters: Fulfillment of the requirements for journal publication standards, research methods used, significance, and contribution of research results to the development of Law and Social Sciences.
Authors who publish their manuscripts in this journal agree to the following conditions: The copyright on each article belongs to the author(s). The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0). Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).
The Influence of Leadership and Work Environment on Employee Work Morale at the East Kutai Regional Secretariat
This study adopts an explanatory design aimed at examining how leadership and workplace conditions affect outcomes on employee morale at the Regional Secretariat of East Kutai Regency. This study analyzes the Independent variable of leadership (X1) with indicators of Guiding, Building and motivating, Driving the organization, Establishing good communication. The work environment variable (X2) with indicators of Facilities and Infrastructure, Work Relations, Tranquility, Lighting and Cleanliness and the Dependent variable of Work Morale (Y) with indicators of absenteeism, cooperation, job satisfaction and discipline. Data analysis used is Data were analyzed through association testing, explanatory power assessment, and linear modeling via SEM-PLS morale with a p value of 0.000 <0.05, T statistic 10.486 > 1.96 and a positive path coefficient of 0.576. The direction of the positive influence indicates that the better the leadership, the better the employee's work morale will be. And workplace conditions significantly affect employee enthusiasm as indicated by statistical testing of 0.000 <0.05, T statistic 7.640 > 1.96 and a positive path coefficient of 0.450. The direction of this positive influence indicates improvements in workplace quality lead to higher employee motivation.
Copyright (c) 2026 Sovia Udau, Cathas Teguh Prakoso, Santi Rande https://creativecommons.org/licenses/by/4.0
Implementation of the Duties and Functions of the Intelligence and Security Directorate (Intelkam) of the Central Kalimantan Regional Police in Handling Narcotics Crimes as Transnational Crimes and Their Prevention Efforts
Narcotics crime is a global problem that requires a multidimensional approach, considering its characteristics as transnational crimes that cross national borders. The modernization of technology and the development of information flows further complicate the handling of these crimes, with the emergence of increasingly sophisticated modus operandi and a wide network of organizations. Indonesia, especially Central Kalimantan, faces major challenges in addressing illicit narcotics trafficking that threatens public health and social stability. The role of the Directorate of Security Intelligence of the Central Kalimantan Regional Police is very crucial in efforts to prevent and handle cross-border narcotics crimes, considering that this area is a transit route that is prone to narcotics syndicate activities. This study aims to analyze the implementation of the duties and functions of the Central Kalimantan Police Intelligence Directorate in tackling narcotics crimes as transnational crimes, focusing on the effectiveness of inter-agency coordination, the use of intelligence technology, as well as challenges and opportunities in optimizing the role of Intelkam. This study uses a normative approach to understand the dynamics of cross-border narcotics crimes, as well as state efforts to overcome them. The results of the study are expected to provide insight into strategies in overcoming the threat of narcotics trafficking, as well as the importance of inter-agency collaboration in handling cross-border crime in Indonesia.
Copyright (c) 2026 Hansel Gavra Jehoshapat https://creativecommons.org/licenses/by/4.0
Implementation of Administrative Sanctions for Violations of the Prohibition on Giving Money and Goods to Vagrants and Beggars in the Special Region of Yogyakarta
This study aims to analyze the application of administrative sanctions in law enforcement against violations of the prohibition on giving money and goods to homeless people and beggars in the Special Region of Yogyakarta from the perspective of state administrative law. This study uses a normative legal research method (juridical normative) with a statutory approach and a conceptual approach. The results of the study indicate that the application of administrative sanctions against violations of the prohibition on giving money and goods is an instrument of social control that falls under the authority of the regional government as a form of government coercion (bestuursdwang). The applied administrative sanctions, such as verbal warnings, written warnings, and other administrative actions, aim to foster public legal compliance and support the effectiveness of social development and rehabilitation programs. However, the effectiveness of the implementation of these sanctions still faces various obstacles, including low public legal awareness, strong social empathy values ​​that encourage violations, limited apparatus resources, and weak coordination between related agencies. In addition, the validity of administrative actions is highly dependent on the apparatus' compliance with the General Principles of Good Governance (AUPB), especially the principles of legal certainty, proportionality, and accuracy.
Copyright (c) 2026 Muhammad Yusrizal, Lego Karjoko https://creativecommons.org/licenses/by/4.0
Legal Analysis of The Responsibility of Flat House Developers in Fulfilling The Sales Purchase Binding Agreement (PPJB) As Reviewed From Law No. 20 of 2011 Concerning Flat Houses
This research is conducted to examine the juridical aspects construction of developers’ liability in the implementation of Sale and Purchase Binding Agreements (PPJB) for apartment units under Law Number 20 of 2011 on Flats, as well as the mechanisms for resolving consumer disputes. This research applies a doctrinal legal framework grounded in legislation, legal theory, and judicial decisions legislation, scholarly literature, and the Decision of the Yogyakarta High Court Number 91/PDT/2020/PTYYK as analytical materials. The findings indicate that developers’ liability forms a multi-layered liability system encompassing administrative, criminal, and civil responsibility. However, in practice, enforcement is predominantly pursued through breach of contract claims under the Civil Code, while administrative and criminal sanctions have not been optimally implemented. This reflects a gap between normative provisions and practical enforcement. The study concludes that developers’ liability demonstrates a hybrid liability character, combining contractual and public regulatory responsibility, thereby requiring stronger supervision and consistent law enforcement to ensure consumer protection and legal certainty.
Copyright (c) 2026 Sentiana Br. Lumban Tobing, Janpatar Simamora, Ria Juliana Siregar https://creativecommons.org/licenses/by/4.0
Online Hospital Medical Dispute Resolution Model To Create Fairness
This study aims to analyze the arrangement and implementation of online medical dispute resolution in hospitals to ensure legal certainty, as well as formulate an ideal form of the resolution model to realize justice in the future. The research method used is normative juridical with a qualitative approach through a statute approach to health regulations and electronic transactions. Legal materials were collected through literature studies at the National Library and analyzed descriptively analytically to answer the complexity of medical disputes in the digital ecosystem. The arrangement for online medical dispute resolution currently still relies on Law Number 17 of 2023 concerning Health, which requires non-litigation mediation as a first step, as well as the ITE Law as the basis for the validity of electronic documents. Implementation in hospitals is still fragmentary through medical committees or internal complaint units that are limited to simple online communication, but do not yet have special regulations for Online Dispute Resolution (ODR) outside the courts that comprehensively regulate mediator standards and data security. The condition of the absence of a standard standard creates legal uncertainty, especially regarding the strength of execution of the results of online mediation agreements. The ideal model of the future requires an integrated ODR platform that includes video mediation features, encrypted medical records, as well as the involvement of a certified neutral mediator who understands health law and professional ethics. This system prioritizes the principle of restorative justice to restore the therapeutic relationship between patients and medical personnel through a transparent, efficient, and accountable process.
Copyright (c) 2026 Hawreyvian Rianda Seputra, Dewi Iryani, Gradios Nyoman Tio Rae https://creativecommons.org/licenses/by/4.0
Juridical Analysis of the Legal Liability of Human Smuggling Perpetrators According to Law Number 6 Of 2011 Concerning Immigration (Case Study: Decision Number 684/Pid.Sus/2025/PN Mdn)
Human smuggling is an immigration-related criminal offense that has serious impacts on state sovereignty and legal order. Although it has been explicitly regulated in Law Number 6 of 2011 concerning Immigration, the enforcement of this law still faces various challenges, particularly regarding the legal liability of perpetrators and judicial considerations in assessing the fulfillment of criminal elements, especially when the perpetrator is an Indonesian citizen. This research aims to analyze the legal liability of perpetrators who transport people across national borders without using valid travel documents and to examine the legal basis of judicial considerations in Decision Number 684/Pid.Sus/2025/PN Mdn. The method used in this research is normative legal research with statutory and case approaches. The results of this study indicate that legal liability can be imposed if all elements of Article 120 paragraph (1) of the Immigration Law are fulfilled, including the element of intent and the act of transporting people across national borders illegally. Judicial considerations are based on the proof of intent, the active role of the perpetrator, and the commission of acts outside the immigration inspection mechanism, so that the decision reflects efforts to protect state sovereignty and prevent human smuggling.
Copyright (c) 2026 Rini Oktavia Siboro, Janpatar Simamora, Samuel F.B Situmorang https://creativecommons.org/licenses/by/4.0
Criminalization of Corporate Business Policy as a Corruption Crime: Study of ASDP Case Ira Puspadewi (Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst)
This study analyzes the criminalization of corporate business policy in the corruption case involving Ira Puspadewi, President Director of PT ASDP Indonesia Ferry, as adjudicated in Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst. Employing a normative juridical method with conceptual and case approaches, the research examines the tension between formal legal certainty and substantive justice in the application of Articles 2 and 3 of the Indonesian Anti-Corruption Law. The findings reveal that the court predominantly relied on a formalistic interpretation emphasizing the fulfillment of statutory elements, particularly unlawful conduct and state financial loss, despite the absence of proven mens rea or personal enrichment. The dissenting opinion invoked the Business Judgment Rule, highlighting the necessity of distinguishing managerial risk from criminal misconduct. The study concludes that excessive formalism risks overcriminalizing corporate discretion and underscores the need for a proportional, context-sensitive enforcement paradigm.
Copyright (c) 2026 Dionysius Yasmin Pongkor https://creativecommons.org/licenses/by/4.0
Legal Protection and the Role of the State in Online Lending and Online Arisan
In the contemporary world, economic activities have increasingly transformed into electronic transactions. The use of electronic technology in money-lending activities and arisan has shifted practices that were previously conducted face to face into more practical online formats. Electronic technology has significantly accelerated and simplified these processes. Online lending and online arisan have emerged as two phenomena that are becoming increasingly prevalent, particularly as the intensive use of digital devices has led to a high level of dependency within society. Technological developments have facilitated rapid access to cash through online platforms, while online arisan arrangements have made the organization of arisan activities considerably easier. Both phenomena generate substantial social and economic impacts; however, they also give rise to various challenges related to security and regulation. Further research is therefore required to understand the legal relationships and the resolution of legal consequences arising from the implementation of online lending and online arisan, as, in practice, online lending has frequently resulted in debtors becoming financially distressed and unable to meet their repayment obligations, while many arisan participants have been trapped in fraudulent arisan schemes. The issues examined in this study concern how online lending (pinjol) and online arisan (arisol) operate as economic activities within society, how they are regulated, and how state protection is provided in practice in relation to these activities. These issues are examined through normative legal research employing a statutory approach and a case approach, grounded in theories of obligations and legal protection. Ultimately, this study concludes that there is a need to provide guarantees for debtors and arisan participants, which may take the form of a dedicated protection institution or a mandatory insurance mechanism.
Copyright (c) 2026 Andreas Eno Tirtakusuma https://creativecommons.org/licenses/by/4.0
Criminal Sentencing of Doctors as Perpetrators of Sexual Violence Against Patients from the Perspective of the Objectives of Punishment
Sexual violence committed by doctors against patients constitutes a serious criminal offense that not only violates criminal law provisions but also undermines human values, professional ethics, and public trust in healthcare services. The unequal power relations between doctors and patients place victims in a vulnerable position, thus requiring a fair, firm, and victim-oriented sentencing system. This research aims to analyze the legal regulation and application of criminal sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system, as well as to formulate ideal sentencing policies for the future. The research problems are formulated as follows: (1) how are the legal regulations and implementation of sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system; and (2) how should future sentencing policies for such crimes be developed from the perspective of Indonesian criminal law. This study employs normative legal research methods using statutory, conceptual, and case approaches, particularly through the analysis of Decision of the Palembang District Court Number 919/Pid.B/2024/PN Plg. The data are analyzed qualitatively using descriptive-analytical methods. The results of this study indicate that, normatively, the legal framework governing sentencing for sexual violence has been established in the Criminal Code (KUHP), Law Number 12 of 2022 concerning Sexual Violence Crimes, and other relevant regulations. However, in practice, the implementation of sentencing still faces various obstacles, particularly in terms of evidentiary challenges, unequal power relations between doctors and patients, and victims' reluctance to report due to social stigma and psychological pressure. Furthermore, the sentence imposed in court decisions has not fully reflected substantive justice, as it has not thoroughly considered the psychological impact and long-term trauma experienced by victims. Based on these findings, it is recommended that legal regulations be strengthened, particularly regarding sentencing enhancements for perpetrators from certain professions, improvement of evidentiary mechanisms, and integration of criminal sanctions with administrative and professional ethical sanctions. Accordingly, the sentencing system is expected to provide maximum protection for victims, create a deterrent.
Copyright (c) 2026 Pratiwi Dwi Saputri, Hafrida, Herry Liyus https://creativecommons.org/licenses/by/4.0
Strategic Intelligence Analysis on the Urgency of Establishing a Cyber Force in Indonesia
This article examines the urgency of establishing an Indonesian Cyber Force from a strategic intelligence perspective. Cyber threats against national strategic infrastructure continue to escalate, as reflected in billions of detected cyber traffic anomalies in 2025 and the hacking of the Temporary National Data Center (PDNS) in 2024. This study aims to analyze the institutional, regulatory, and cyber defense capacity gaps Indonesia faces amid increasingly asymmetric and difficult-to-attribute threats. A descriptive-analytical qualitative method with a normative-empirical orientation was applied through policy document analysis, statutory review, and in-depth interviews with expert informants in intelligence, defense, and cybersecurity. The results indicate a strategic gap between the escalation of multidimensional cyber threats and the current institutional readiness of Indonesia's defense. The study concludes that establishing a Cyber Force is a logical consequence of the shifting non-conventional threat paradigm. The primary recommendation is a phased approach starting from the consolidation of a unified cyber command to the evolution into an independent fourth branch within the Indonesian National Armed Forces to ensure digital sovereignty and adaptive national resilience.
Copyright (c) 2026 Suwandi, Suhardi, Budi Prasetiyono, Dwi Surjatmodjo, Yanuar Adi Legowo https://creativecommons.org/licenses/by/4.0
The Effectiveness of Elektronic Hearings on Civil Case Proceedings at the Tanjung Karang District Court
The implementation of electronic trials in civil cases is part of the judicial modernization agenda that aims to realize the principles of simple, fast, and low-cost justice. This study analyzes the effectiveness of electronic trials on civil case proceedings at the Tanjung Karang District Court from the perspective of civil procedural law. The research method used is normative-empirical legal research with a legislative, conceptual, and case approach. Data was obtained through literature study and field research in the form of interviews and observations of electronic trial practices. The results of the study show that the implementation of e-court and e-litigation at the Tanjung Karang District Court has normatively supported the realization of case administration efficiency, particularly at the registration and response stages. However, this effectiveness is not yet fully uniform, especially in terms of access to justice for those seeking justice who have limited digital literacy and are not accompanied by legal counsel. In addition, the evidence stage remains a crucial issue due to doubts about the authenticity and strength of electronic evidence, which in practice often requires verification of physical documents. This study concludes that the effectiveness of electronic trials is not only determined by the availability of regulations and technology, but also by the readiness of human resources, the legal culture of society, and the active role of judges in maintaining procedural justice. Therefore, strengthening digital literacy, legal assistance, and improving the legal framework for evidence are important prerequisites for optimizing electronic trials in civil cases
Copyright (c) 2026 Risky Widodo Risky Widodo, Nadia Resky, Eka Antonia Saputri, Sri Zanariyah https://creativecommons.org/licenses/by/4.0
Formation of Laws Based on The Omnibus Method that Meet Standards of Meaningful Participation
The formation of laws based on the omnibus method attempts to combine various themes in one law and accelerate the legislative process, but has the potential to reduce the quality of participation. Using a legislative approach, comparative studies, and conceptual, this article analyzes how the concept and practice of community participation and what standards are used as benchmarks for meaningful participation in the formation of laws based on the omnibus method. As a result, a country that adheres to the concept of people's sovereignty must fulfill the principle of openness with community participation as its main pillar. Omnibus as a method in the formation of laws often reaps controversy because it does not provide sufficient public access and participation space for the community. The active involvement of the community and stakeholders or related parties affected to provide input and suggestions through a public consultation mechanism at the stages of submitting draft laws, discussions and joint approvals is a standard of meaningful participation that must be met in the formation of laws based on the omnibus method.
Copyright (c) 2026 Marsudi Dedi Putra, Heristiawan Aryo Wirotomo https://creativecommons.org/licenses/by/4.0
Mechanism for Spatial Utilization Activity Compliance in Mining Business Licensing and Its Implications for Environmental Preservation
Indonesia's abundant natural resources, including the mining sector which contributes significantly to the country's economy, must be utilized carefully to preserve the environment. One of the main requirements for obtaining a business license is the Spatial Utilization Conformity Instrument (KKPR). The KKPR ensures that all business activities, including mining, can only be carried out in areas that are legally, ecologically, and spatially declared through digital verification of the RTRW and RDTR in the OSS system. This study aims to analyze the mechanism of spatial utilization activity compliance in mining business permits. This study uses a normative juridical approach, examining the rules, principles, and norms of positive law related to environmental preservation and the Mechanism of Spatial Utilization Activity Compliance (KKPR) in mining business licensing. Based on the results of the study, the KKPR mechanism in mining business permits is normatively designed as a spatial planning-based preventive instrument, but after the Job Creation Law, it tends to shift to an administrative instrument that depends on OSS and the availability of RDTR, thereby weakening its substantive control function. Furthermore, the implications of KKPR for environmental conservation have not been effective because assessments often ignore the carrying capacity and capacity of the environment, as reflected in the cases of mining on Sangihe Island and Trenggalek.
Copyright (c) 2026 Ardi Sirajudin Ra’uf, Imamulhadi, Yulinda Adharani https://creativecommons.org/licenses/by/4.0
Legal Implications of The Rejection of The Annual Report of PT Asuransi Jiwasraya (Persero) By Shareholders on The Protection of Customers' Rights to Claims Due
This study aims to analyze the legal implications of the rejection of PT Asuransi Jiwasraya (Persero)'s annual report by shareholders on the protection of customers' rights to due claims. The rejection of the annual report indicates serious problems in corporate governance, including indications of manipulation of financial statements, violations of Good Corporate Governance principles, and the company's inability to fulfill contractual obligations to customers. The research method uses normative and empirical juridical approaches with analytical descriptive specifications, through the analysis of laws and regulations, legal literature, and related documents. The results show that the rejection of the annual report does not remove the company's obligation to pay customer claims, and the directors and commissioners can still be held legally liable. The customer as a creditor has the right to legal protection through a default lawsuit and other legal mechanisms. This research emphasizes the importance of strengthening effective supervision, accountability, and legal protection for customers in the Indonesian insurance industry to ensure legal certainty and public trust.
Copyright (c) 2026 Arif Pratomo Yekti Wibowo, Sufiarina Sufiarina https://creativecommons.org/licenses/by/4.0
Veiled Hegemony: China’s Influence in BRICS through the Belt and Road
This study analyzes China’s strategic use of the association of Brazil, Russia, India, China, and South Africa as an institutional platform to advance the Belt and Road Initiative and strengthen its influence in global governance. The research aims to explain how China consolidates hegemonic leadership through institutional mechanisms within the grouping. Using Antonio Gramsci’s theory of hegemony, the study conceptualizes dominance as operating through material power and ideological leadership. The research employs qualitative methods based on documentary analysis of official reports, summit declarations, and relevant literature. The findings identify three interconnected mechanisms. First, China promotes narratives of multipolarity and South–South cooperation to construct ideological leadership. Second, China institutionalizes its agenda through the New Development Bank, where infrastructure financing aligns with connectivity objectives of the Belt and Road Initiative. Third, China’s dominant economic position within the grouping generates structural dependencies that influence member states’ policy autonomy. The study concludes that this institutional synergy reconfigures, rather than eliminates, hegemonic structures in global governance through consensual arrangements.
Copyright (c) 2026 Benedictus Halleyando Muji , Reni Windiani https://creativecommons.org/licenses/by/4.0
The Implementation of Castration as an Additional Punishment Imposed on Perpetrators of Sexual Harassment in Indonesia
The Implementation of Castration as an Additional Punishment Imposed on Perpetrators of Sexual Harassment in Indonesia discusses the phenomenon of increasing sexual violence cases, which highlights the urgency of strengthening the criminal justice system. This research aims to analyze the legal basis, objectives, and implementation of chemical castration within Indonesia’s criminal law system. The research method employed is normative juridical, using statutory and conceptual approaches through the analysis of legislation, court decisions, and academic literature. The findings indicate that chemical castration is regulated under Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional punishment for perpetrators of sexual violence against children. Its application is based on the combined theory of punishment, which emphasizes aspects of retribution, deterrence, and rehabilitation. In conclusion, although chemical castration possesses legal legitimacy and preventive objectives, its implementation still faces ethical, medical, and constitutional challenges that must be addressed to ensure its effective enforcement.
Copyright (c) 2026 Sinintha Yuliansih Sibarani, Mutia Lazuardhany https://creativecommons.org/licenses/by/4.0
The Authority of Notaries in Executing Deeds Beyond Their Official Jurisdiction: A Study of the Principle of Territoriality and Legal Certainty
This study aims to analyze the authority of Notaries in executing deeds outside their official jurisdiction based on the principles of territoriality and legal certainty. The issue arises because, in practice, some Notaries draft deeds beyond their designated jurisdiction as determined in their appointment decree, which normatively contradicts Article 18 of Law No. 2 of 2014 concerning Notary Office. This situation raises legal concerns regarding the validity of the deed and the accountability of the Notary as a public official. This research employs a normative juridical method with statutory, conceptual, and case approaches. The statutory approach examines the relationship between the territorial principle and the implementation of notarial authority. The conceptual approach explores theories of competence and legal certainty, while the case approach reviews several Supreme Court decisions addressing the overreach of notarial jurisdiction. The findings indicate that executing a deed outside the official jurisdiction constitutes an ultra vires act, reducing the authenticity of the deed and potentially rendering it void. Therefore, strengthening regulations and supervisory mechanisms by consistently applying the territorial principle is essential to ensuring legal certainty and protecting good-faith parties.
Copyright (c) 2026 Khayan Abrori, Habib Adjie https://creativecommons.org/licenses/by/4.0
Notary Liability for Typographical Errors in Authentic Deeds from the Perspective of Legal Certainty
Typographical errors in authentic deeds are often perceived merely as correctable administrative mistakes with no significant legal consequences. However, in practice, such errors may alter the substance of the legal agreement and potentially cause losses to the parties involved. This raises a critical question regarding the liability of notaries as public officials and the extent to which typographical mistakes may affect the legal certainty of authentic deeds. This study aims to analyze notary liability for typographical errors and its implications for legal certainty and legal protection of the parties. This research employs a normative juridical method using statutory, conceptual, and case approaches. The statutory approach examines the provisions of the Law on Notary Office (UUJN) regarding notarial responsibility. The conceptual approach discusses theories of legal liability and legal certainty as developed by Gustav Radbruch and Hans Kelsen. Meanwhile, the case approach reviews court decisions related to administrative errors committed by notaries in the drafting of deeds. The study concludes that typographical errors cannot always be deemed minor, particularly when they affect the substance of the deed. Notaries may be held liable when such errors result in legal uncertainty or losses for the parties. Therefore, the enforcement of the prudential principle and the establishment of corrective mechanisms are essential to ensure legal certainty and accountability in notarial practice.
Copyright (c) 2026 Nauval Ihza Maydiaz, Miftakhul Huda https://creativecommons.org/licenses/by/4.0
The Duty of Notaries to Maintain Deed Confidentiality in the Perspective of Professional Ethics and Positive Law
The obligation of notaries to maintain the confidentiality of deeds is one of the core elements of their professional function as public officials. This duty derives not only from statutory provisions under the Law on Notary Office (UUJN) but also from professional ethics that protect the integrity of legal transactions and the privacy of the parties. However, in practice, notaries may face conflicting demands between safeguarding confidentiality and fulfilling legal obligations to provide information in judicial or administrative proceedings. This conflict creates a normative dilemma that requires further examination from the perspective of both positive law and professional ethics. This study employs a normative juridical method using statutory, conceptual, and case approaches. The statutory approach analyzes the provisions of the UUJN, the Notary Code of Ethics, and relevant laws governing confidentiality in legal services. The conceptual approach investigates the theories of legal responsibility, ethical accountability, and the principle of confidentiality as developed in professional legal doctrine. Meanwhile, the case approach examines judicial decisions in which notaries were required to disclose information or provide deed copies during litigation or law enforcement processes. These approaches aim to determine whether confidentiality is absolute or subject to lawful limitations. The research concludes that confidentiality is not an unrestricted right but a qualified duty bound by ethical standards and legal boundaries. A balance must therefore be struck between the protection of private interests and the fulfillment of justice in legal proceedings. To ensure legal certainty, a clearer regulatory mechanism is needed one that defines the scope of confidentiality, the proper procedures for request and disclosure, and the legal consequences for violations. Strengthening ethical awareness and regulatory clarity will reinforce the notary’s role as both a guardian of trust and a servant of the legal system.
Copyright (c) 2026 Andi Moh. Taufiq Hidayat, Miftakhul Huda https://creativecommons.org/licenses/by/4.0
Effectiveness Of Implementing Implementing Diversion For Children Who Are Committed To Narcotics Crimes Based On Law Number 11 Of 2012 Concerning The Child Criminal Justice System
Abstrak: Penelitian ini bertujuan untuk menilai efektivitas pengalihan kasus anak yang terlibat dalam kejahatan narkoba berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak di Kota Kediri, dengan fokus pada mengungkap pencampuran antara norma hukum yang berlaku dan implementasinya. Metode yang digunakan adalah penelitian hukum empiris dengan pendekatan sosial-hukum, yang menggabungkan analisis normatif dan temuan lapangan. Data primer diperoleh dari statistik kasus narkoba anak di Kejaksaan Negeri Kota Kediri dan Unit Narkotika Kepolisian Kota Kediri periode 2016–2025, serta wawancara dengan petugas penegak hukum. Data sekunder meliputi undang-undang dan peraturan serta berbagai literatur hukum yang relevan. Temuan penelitian menunjukkan bahwa mekanisme transmisi kasus hanya diterapkan pada sebagian kasus kecil, sementara sebagian besar kasus narkoba yang melibatkan anak masih diselesaikan melalui transmisi. Secara empiris, situasi ini menunjukkan bahwa penularan kasus belum secara optimal memainkan peran utama dalam menangani kasus-kasus ini Beberapa faktor yang mempengaruhi meliputi persepsi pihak berwenang mengenai pelanggaran narkoba sebagai kejahatan serius, tidak adanya pedoman teknis khusus mengenai implementasi kasus narkoba, dan koordinasi antarlembaga yang tidak efektif. Penelitian ini diharapkan dapat memberikan kontribusi akademis berupa evaluasi empiris tentang efektivitas pengalihan kasus serta rekomendasi praktis untuk memperkuat perlindungan anak dalam sistem pidana anak. Kata kunci : pergeseran; perlindungan anak; melakukan pelanggaran narkoba; sistem pidana pidana anak
Copyright (c) 2026 Salimatul Faizah, Siciliya Mardian Yoel, Nur Chasanah Nur Chasanah https://creativecommons.org/licenses/by/4.0
Authority of The Ministry of Law In The Dishonourable Dismissal of Notaries For Violations of The Code of Ethics
A Notary is tasked with carrying out a crucial role in society and is therefore required to always maintain their conduct, honour, and dignity as a public official. According to Article 16 letter a, a notary must safeguard the interests of the parties involved in legal processes and act in a trustworthy, honest, thorough, independent, and impartial manner. The objectives of this research include identifying and analysing the sanctions imposed on notaries by the Honorary Council for violations of the Code of Ethics, as well as the authority of the Ministry of Law in supervising notaries with regard to such violations. The type of research used in this study is normative legal research, applying the Statute Approach, Analytical and Conceptual Approach, and Case Approach. The synergy among supervisory institutions, continuous education, transparency, and an effective appeal system will enhance the effectiveness of oversight and professional discipline. For notaries, the researcher suggests that in carrying out their profession and position as public officials, they are expected to understand and comply with the provisions of the laws and regulations of the established Code of Ethics. The Ministry of Law can strengthen coordination and establish an integrated reporting system with the Notary Honorary Council in handling alleged violations of the Code of Ethics, ensuring that public reports are followed up promptly and transparently and to give open information on the status of reports, thereby increasing public participation in maintaining the integrity of the notarial profession.
Copyright (c) 2026 Dewa Ayu Artini, Ni Made Jaya Senastri, Nengah Renaya https://creativecommons.org/licenses/by/4.0
Validity and Legal Consequences of Peace Agreements in The Settlement of Sexual Harassment Cases
The settlement of sexual harassment cases through peace agreements based on contracts remains a practice commonly found in society. This practice raises complex legal issues as it lies at the intersection of civil law and criminal law. On one hand, civil law recognizes contracts as legally binding instruments provided that the legal requirements of validity are fulfilled. On the other hand, sexual harassment constitutes a criminal offense, meaning that its resolution cannot rely solely on the agreement of the parties involved. This study aims to analyze the settlement of sexual harassment cases through contractual peace agreements from the perspectives of civil law and criminal law. The research employs a normative legal method using statutory and conceptual approaches. The legal materials consist of primary and secondary sources, which are analyzed qualitatively. The findings indicate that peace agreements in sexual harassment cases may be considered legally valid only if they fulfill the legal requirements of a contract, particularly the existence of free consent and a lawful cause. From a criminal law perspective, a peace agreement between the perpetrator and the victim does not eliminate the unlawful nature of sexual harassment, as such acts involve public legal interests protected by the state. Therefore, peace agreements may only operate within the civil law domain and cannot be used as a basis to negate criminal law enforcement processes.
Copyright (c) 2026 Hartoto Suci Rahayu, Markoni, Dyah Permata Budi Asri, I Made Kanthika, Tuti Elawati https://creativecommons.org/licenses/by/4.0
Legal Certainty Regarding Tax Payment Obligations On Shares In Tax Court Decision Number PUT-002784.25/2019/PP/M.XB
A Limited Liability Company (Perseroan Terbatas or PT) is a legal entity that plays an important role in economic activities, including share ownership arrangements that may involve nominee mechanisms. The use of nominees gives rise to legal and tax issues, particularly in determining the party who is actually responsible for tax obligations, namely between the formal shareholder and the party who substantively enjoys the economic benefits (beneficial owner). The distinction between formal and substantive ownership may result in tax disputes and legal uncertainty, as reflected in Tax Court Decision Number PUT-002784.25/2019/PP/M.XB concerning an Income Tax dispute related to share ownership, in which the tax authority imposed tax liability based on formal ownership, while the appellant denied being the party that received the economic benefits. This study employs a normative juridical method using statutory, doctrinal, and case law approaches. The results indicate that the determination of tax liability must be based on the principle of substance over form by prioritizing economic substance over formal legal structure. The Tax Court’s decision underscores the importance of proving substantive ownership in determining tax obligations and the necessity of clear regulations on nominee arrangements and beneficial ownership to ensure legal certainty, transparency, and tax compliance.
Copyright (c) 2026 Aditya Bangkit Nurzamzany, Endang Suprapti https://creativecommons.org/licenses/by/4.0
Indonesia's Strategy to Build Geopolitical Identity as a Middle Maritime Power in the Indo-Pacific Through the World Maritime Axis (PMD) Policy in the Era of the Joko Widodo Administration (2014-2019)
This study analyzes Indonesia's strategy in building a geopolitical identity as a middle maritime power in the Indo-Pacific region through the Global Maritime Fulcrum (GMF) policy during the Joko Widodo administration (2014–2019). The background of this study is based on the increasing geopolitical dynamics of the Indo-Pacific as the epicenter of great power rivalry, which demands Indonesia to strengthen its strategic position and identity as an archipelagic nation. This study uses a descriptive qualitative approach based on literature studies with reference to Middle Power Theory as a theoretical framework, as well as the concepts of maritime geopolitics, the Indo-Pacific, and maritime diplomacy as conceptual frameworks. The study shows that the GAM does not only function as a maritime sector development policy, but also as a grand strategy in shaping Indonesia's identity as a middle maritime power.
Copyright (c) 2026 Rikko Yan Lado Ae, Roberto Octavianus Cornelis Seba, Indra Wisnu Wibisono https://creativecommons.org/licenses/by/4.0
Reformulation of Competition Law Policy From The Perspective of The Implementation of The Green Economy
The necessity to balance economic interests and environmental protection calls for reform in multiple policy frameworks, including legal instruments that regulate business interactions in the market. This research is qualitative in nature, chosen to explore in depth the relationship between competition law and the implementation of a green economy in Indonesia, by analyzing legal documents, regulations, KPPU decisions, academic literature, and best practices in other jurisdictions. The relevant national regulations are the Law on Prohibition of Monopolistic Practices and Unfair Business Competition, in conjunction with Law No. 11 of 2020 on Job Creation, which have not provided regulations that provide legal certainty and are in line with the environmental interests of the green economy. There is an urgent need to reformulate competition law policy to be more adaptive, accompanied by strengthening the role and capacity of the KPPU as an independent institution that conducts competition supervision in a professional, transparent manner, and in line with the sustainable economy agenda. The implementation of Articles 50 and 51 of the Monopoly Practices Law regarding exemptions and state monopolies in strategic sectors needs to be optimized through clearer guidelines so that each exemption remains oriented towards efficiency, sustainability, and the public interest.
Copyright (c) 2026 Nurma Candra Yani Sadikin, Udin Silalahi, Jonker Sihombing https://creativecommons.org/licenses/by/4.0
Cimahi’s Parallel Diplomacy in Developing Cultural Tourism in Kampung Adat Cireundeu
This article examines how parallel diplomacy is practiced by the Cimahi City Government in developing tourism in Kampung Adat Cireundeu, a traditional village in West Java. In contemporary international relations, subnational actors and local communities increasingly engage in international activities to pursue their regional interests. Despite its cultural potential, tourism development in Kampung Adat Cireundeu still faces challenges related to promotion and limited international exposure. This research aims to analyze the forms of parallel diplomacy and to examine the roles of governmental and societal actors in supporting tourism development. The research employs a qualitative approach using semi-structured interviews with 6 key informants from government officials, indigenous community members, tourism actors, and visitors, supported by document analysis and digital research. The findings show that parallel diplomacy in Cimahi remains at an early stage and mainly occurs through exploratory interactions rather than formal international cooperation. Meanwhile, the indigenous community of Kampung Adat Cireundeu facilitates international interaction through cultural tourism activities, highlighting the importance of collaboration between local governments and community actors. These findings imply the need for stronger institutional support and strategic collaboration to enhance international exposure and sustainable tourism development.
Copyright (c) 2026 Mayra Zahabiya Zahra, Fuad Azmi https://creativecommons.org/licenses/by/4.0
The Relevance of Certainty and Fairness to Notary Honorarium Values in the Notary Position Law
This study discusses the regulation of notary fees in Article 36 of the Notary Law (UUJN) in relation to the principles of legal certainty and justice. The problem arises because this provision regulates the maximum fee, but does not provide clear parameters regarding economic and sociological values, nor does it regulate the minimum fee. This study uses a normative legal research method with a regulatory approach and a conceptual approach using primary, secondary, and tertiary legal materials. The results of the study show that the regulation of notary fees provides legal legitimacy for notaries to receive compensation for the legal services they provide and aims to provide legal protection for notaries and the public. However, the ambiguity of the norms in this provision has the potential to cause differences in interpretation and tariff competition between notaries. Therefore, the determination of notary fees needs to be done proportionally by taking into account legal provisions, professional codes of ethics, and social conditions.
Copyright (c) 2026 I Gusti Agung Wisnu Satria Wangsa, I Made Suwitra, I Wayan Kartika Jaya Utama https://creativecommons.org/licenses/by/4.0
Legal Implications of Changing Building Use Rights To Ownership Rights
The transfer of Building Use Rights to Ownership Rights is an important aspect in the regulation of agrarian law in Indonesia, especially after the issuance of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration. In this study, the normative legal research method is used. Regulations related to the transfer of Building Use Rights to Ownership Rights are regulated in Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration. Provisions regarding whether or not a Building Use Right can be transferred are stated in Article 45 paragraph (2) of the Article as the basis or basis for someone to change their Rights from Building Use Rights to Ownership Rights. The change of Building Use Rights to Ownership Rights has been clarified in Article 94 of Government Regulation Number 18 of 2021. The form of implementation of Article 48 of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration and also as an effort to realize the government regulation. Determining priority rights over land in the form of Building Use Rights (HGB) that have expired depends on three factors: the subject of the rights, in terms of who submits the application for the rights, usually the subject of the rights whose name is recorded on the certificate (the former rights holder); the subject of the rights who submits the application must be able to prove that they are truly entitled to the land; and the land use is in accordance with the intent of the granting of the rights in question.
Copyright (c) 2026 I Komang Dedi Saputra, Ni Made Jaya Senastri, I Wayan Kartika Jaya Utama https://creativecommons.org/licenses/by/4.0
Legal Certainty in The Preparation of Notarial Deeds By Appearers With Disabilities Who Are Unable to Sign
Authentic deeds drawn up by Notaries as public officials with the authority to do so, with strict legal formalities and superior evidentiary power. In its application, the certainty of signatures and/or fingerprints by appearers with disabilities in deeds is questionable, as this has not been strictly regulated in the Law No. 30 of 2004 on Notary Position as partially amended by Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on Notary Position (“NOTARY OFFICIAL LAW”). The issues raised in this article are: How can legal certainty be ensured for persons with disabilities who are unable to sign and/or provide fingerprints before Notaries? And what is the ideal arrangement for persons with disabilities who are unable to sign and/or provide fingerprints before Notaries? The research method used is normative legal research, a type of research commonly conducted in the development of legal science, namely Legal Dogmatics ( rechtsdogmatiek ). The approach used is laws and regulations. The results of the study show that signatures cannot be affixed. According to the NOTARY OFFICIAL LAW, the reason for the inability to affix signatures must be stated clearly and explicitly at the end of the deeds. If the deeds cannot be signed and the Notaries do not provide a clear and explicit reason at the end of the deeds, this can reduce the probative value of the deeds to that of private deeds and will provide grounds for the aggrieved party to claim cancellation of deeds. Of course, rules such as these will not work if legal certainty is not incorporated into the resulting law. Furthermore, if problems arise in the future on the voidable deeds, Notaries cannot be held criminally liable simply for recording the information requested by the parties. In this regard, it is necessary to improve the regulations for implementing the provisions of Article 44 of the Notary Position Law to ensure that appearers with physical disabilities who have limited hand use can still perform legal actions before Notaries.
Copyright (c) 2026 Savira Ramadhanty, Agus Budianto, Irawan Soerodjo https://creativecommons.org/licenses/by/4.0
Legal Responsibility of Public Officials For The Use of Discretion In Government Implementation That Has The Potential to Lead to Corruption, As Seen From A Progressive Law Perspective
This research is conducted with the objectives of (1) understanding and analyzing the The use of discretion by public officials in the administration of government often raises legal issues when such policies have the potential to cause state losses and are associated with criminal acts of corruption. This study aims to analyze the legal regulations and forms of accountability of public officials in the use of discretion that may result in state losses, as well as to examine the elements of state losses and the relevance of progressive law in assessing the use of such discretion. This research is normative legal research with statutory, conceptual, and case approaches. Research results indicate that discretion is a legitimate authority under the Government Administration Law; however, its use is limited by the general principles of good governance and statutory regulations. The accountability of public officials can entail both official responsibility and personal liability, particularly when discretion is exercised through abuse of power that results in actual state losses, as defined under corruption criminal law. In this context, progressive law provides an evaluative perspective by emphasizing the importance of considering good faith, the purpose of public interest, and social utility, so that the assessment of discretion is not solely based on formal consequences but also on the substance of justice and societal welfare.
Copyright (c) 2026 I Komang Angga Adi Setiawan, Ni Ketut Sari Adnyani https://creativecommons.org/licenses/by/4.0
Human–Computer Interaction and Digital Advertising Effectiveness: A Systematic Literature Review of Visual Attention, Interface Design, and Persuasion
Digital advertising is increasingly embedded within contemporary human–computer interaction (HCI) environments, where advertisements function not only as persuasive messages but also as structural elements of digital interfaces. Despite the rapid growth of online advertising, research examining how interface design influences advertising effectiveness remains fragmented across HCI, communication science, and marketing. This study synthesizes interdisciplinary research on how HCI-related interface variables affect visual advertising attention, avoidance, and persuasion outcomes. A systematic literature review following the PRISMA 2020 framework was conducted using four major databases: Web of Science, Scopus, PubMed, and the ACM Digital Library. The review covers peer-reviewed studies published between 2000 and 2025 that combine HCI methodologies—such as eye-tracking, usability evaluation, interaction logging, and user experience measurement—with advertising outcomes including attention, recall, persuasion, and avoidance. A total of 118 studies met the inclusion criteria and were analyzed using narrative synthesis. The findings indicate that advertising effectiveness is strongly shaped by interface-level variables including visual complexity, animation, interactivity, aesthetic congruence, and user task context. Visual attention operates through a dual-pathway mechanism in which bottom-up visual salience interacts with top-down goal-directed browsing behavior, explaining phenomena such as banner blindness. The review highlights the need for stronger theoretical integration between HCI and communication-based persuasion frameworks.
Copyright (c) 2026 Ressa Uli Patrissia, Pritha Ayodya Basuki, Mochamad Husni https://creativecommons.org/licenses/by/4.0
Consistent Law Enforcement Creates An Anti-Gambling Legal Culture
One of the challenges of the current Indonesian State is the crime of gambling. Offline and online gambling does not have a positive impact on individuals, society and the country at all. Precisely the negative impact that arises, among others, first, the impact on individuals and families, namely gambling makes poor. Playing gambling, both online and offline, makes a person and his family economically destitute. The group of people who fall into gambling is a group of people who are classified as poor and low-income. They are already poor, they are playing gambling, they are getting poorer. In addition to economic losses for the gambler, online gambling is also addictive: Online gambling is addictive. The person involved often finds it difficult to stop even though they have already suffered a loss. their money to scammers. The next impact for the individual is mental disorders. Anxiety, depression, and severe stress are often experienced by gamblers who lose or feel guilty. The impact on the family is the rift in the household. Online gambling can cause arguments, loss of trust, and divorce. Family money can be spent on gambling, leading to financial hardship and unmet basic needs. In extreme cases, children can experience neglect due to parents who are too focused or addicted to gambling. Impact on Society. Crime rates are increasing: Implications for the State. The state has to spend huge costs on law enforcement, rehabilitation, and handling the social impact of online gambling. Therefore, this article offers solutions to prevent and eradicate gambling.
Copyright (c) 2026 Siprianus Edi Hardum https://creativecommons.org/licenses/by/4.0
State Financial Rescue Through Return of Replacement Money In The Case of Road Landscaping Project In Fiscal Year 2022-2023 (Case Study of The Medan District Attorney's Office)
Efforts to rescue state finances through a compensation mechanism for the 2022–2023 Road Landscape Arrangement project in Medan City, which has resulted in potential losses to the Regional Revenue and Expenditure Budget due to work that does not comply with technical specifications. This study uses an empirical normative legal method with a statutory regulatory approach and case study analysis. The results show that the Medan District Attorney's Office has a strategic role in the process of recovering state losses through criminal law mechanisms and through non-litigation legal assistance in its capacity as a State Attorney. The return of funds to the regional treasury is a form of recovery of state losses, but this action does not eliminate criminal liability if the elements of the crime are still met. The return of losses can only be used as a mitigating consideration for judges in issuing decisions, so that the law enforcement process must still be carried out based on the principles of legality and legal certainty.
Copyright (c) 2026 Eirene Clarisa Br. Silalahi, Haposan Siallagan, Samuel Situmorang https://creativecommons.org/licenses/by/4.0
Gaps in the Implementation of Restitution for Victims of Human Trafficking in Indonesia: Normative-Empirical and Comparative Analysis
: The crime of human trafficking in Indonesia shows an alarming escalation with 1,061 cases and 3,363 victims in 2023, while restitution paid by perpetrators only reached 13 percent of the total calculation by the LPSK in 2024. This study analyzes the legal, institutional, and procedural obstacles causing low restitution; compares restitution regulations and mechanisms in Thailand, Germany, and the United States; and formulates comprehensive recommendations for improvement. The method used is descriptive-analytical qualitative legal research with doctrinal-normative, empirical-sociological, and comparative approaches, using the theoretical framework of legal certainty, legal effectiveness, legal protection, and restorative justice. The results show that the failure of restitution implementation is systemic in all dimensions, and the three comparison countries have structural advantages in the form of mandatory restitution, the active role of prosecutors, state compensation funds, and standardized calculation formulas. The study recommends comprehensive reforms based on five pillars that integrate international best practices with the characteristics of the Indonesian legal system.
Copyright (c) 2026 Feri Feri novianro, Maslihati Nur Hidayati, Claudya Bunga Jovita Prasetyo https://creativecommons.org/licenses/by/4.0
Safeguarding Bukoba Oral Tradition Through Communal Copyright and Local Regulation: A Normative-Empirical Study in Rokan Hulu Regency, Indonesia
Bukoba, an oral tradition of Rokan Hulu Regency, represents a living form of Malay cultural expression yet remains vulnerable to extinction due to the absence of legal recognition and system-atic documentation. Methods: This study applies a normative empirical legal approach by combining statutory analysis of Indonesia’s Copyright Law No. 28 of 2014 and UNESCO’s 2003 Convention with field data obtained through interviews with local cultural actors and the Rokan Hulu Tourism Office. Results: Findings indicate that Bukoba has not been included in the regional intangible cultural heritage inventory, leading to a lack of communal copyright protection and policy attention. The gap arises from limited institutional coordination, insufficient funding, and low community legal awareness. Conclusions: The research proposes an integrated safeguarding framework encompassing (i) digital documentation as legal evidence of collective ownership, (ii) community-based transmission and legal literacy programs, and (iii) enactment of local regula-tions to institutionalize protection measures. The model demonstrates that effective preservation of oral traditions requires synergy between legal instruments and local participation to ensure sustainability and prevent cultural misappropriation
Copyright (c) 2026 Dani Kurniawansyah, Hendri Hendri, Syahroni, Muhammad Arsy Ash Shiddiqy, Budi Yanto https://creativecommons.org/licenses/by/4.0
Political Direction of Anti-Corruption Law in Indonesia: A Legal Policy Analysis of the KPK Law Revision and the New Criminal Code
This article analyzes the legal policy evolution of corruption eradication in Indonesia subsequent to the reform of the Corruption Eradication Commission Law and the implementation of Law Number 1 of 2023 about the Criminal Code. Since the reform era, corruption has been regarded as a significant crime managed by a specialized and autonomous institution. Recent legal amendments have altered its institutional standing by incorporating it within the executive branch, creating a supervisory body, and reclassifying people as state civil servants. The new criminal law simultaneously establishes sentencing goals, individualizes punishment, and reclassifies punishments. This research utilizes normative legal analysis using statutory and conceptual methodologies. The results indicate a transition from an exceptional enforcement paradigm to a more cohesive approach within the national legal framework. Although these improvements improve legal systematization and procedural accountability, they also provoke concerns about institutional independence. The efficacy of corruption elimination depends on the state's capacity to harmonize the rule of law, institutional accountability, and enforcement efficacy within a transparent governance framework.
Copyright (c) 2026 Arini Asriyani, Muh. Fadli Faisal Rasyid, Anastasia Sarjono https://creativecommons.org/licenses/by/4.0
Legal Implications and Responsibilities of Notaries for Forgery of Sale and Purchase Agreement Deeds by Notaries
This study examines the legal implications and liability of a Notary for the forgery of a Sale and Purchase Agreement Deed that occurred due to the Notary's negligence in carrying out his/her obligations. The research method used is normative juridical with a statutory approach and a case approach, based on the theory of legal certainty and the theory of legal responsibility. The results of the study indicate that the Notary's negligence in verifying the identity of the parties and the authenticity of the document resulted in the deed losing its authenticity based on Article 1868 of the Civil Code and can be declared null and void (nietig van rechtswege) based on Article 1320 of the Civil Code. The Notary's liability is multidimensional, including criminal liability based on Articles 263 and 264 of the Criminal Code, civil liability based on Article 1365 of the Civil Code, and administrative liability through the Notary Supervisory Board mechanism, as reflected in the Denpasar District Court Decision Number 89/PID.B/2020/PN DPS. The Notary's professionalism and thorough attitude are the main foundations in realizing legal certainty for the community.
Copyright (c) 2026 Tetti Samosir, B. F. Sihombing, Novia Listina https://creativecommons.org/licenses/by/4.0
wakalah bil ujrah Implementation of The Wakalah Bil Ujrah Agreement in Sharia Financial Technology (Fintech) Services In Indonesia Reviewed From the Specific Specificity of Legal Certainty and Consumer Protection
The development of Sharia financial technology (fintech) services in Indonesia is driving the transformation of Sharia contracts into digital-based systems, one of which is the wakalah bil ujrah contract. This contract forms the basis of the legal relationship between platform providers and service users in financing mechanisms, fundraising, and other financial intermediary services. This study aims to analyze the legal construction and implementation of the wakalah bil ujrah contract in Sharia fintech in Indonesia and assess its compliance with the principles of legal certainty and consumer protection. The research method used is normative legal research with a statutory and conceptual approach. Primary legal materials include laws and regulations, including Law Number 21 of 2008 concerning Sharia Banking, Law Number 8 of 1999 concerning Consumer Protection, and regulations and supervision by the Financial Services Authority. Furthermore, this study also refers to the fatwa of the National Sharia Council of the Indonesian Ulema Council regarding the wakalah bil ujrah contract. Secondary legal materials, including literature, scientific journals, and relevant legal doctrines, were analyzed qualitatively. The results of the study indicate that, normatively, the wakalah bil ujrah contract in Islamic fintech has an adequate legal basis through sectoral regulations and Islamic fatwas. However, in practice, several problems remain, including the unclear construction of legal relationships between parties in digital contracts, the potential use of standard clauses that are detrimental to consumers, and the suboptimal transparency of risks and responsibilities of platform operators. These conditions indicate that the implementation of the wakalah bil ujrah contract does not fully reflect the principles of legal certainty and consumer protection as mandated by the national legal system. Therefore, regulatory harmonization, strengthening of supervisory mechanisms, and standardization of Sharia-based digital contracts are needed to ensure legal certainty and consumer protection in the implementation of Islamic fintech in Indonesia.
Copyright (c) 2026 Genesi Yudhanto; khayatudin khayat; David Novan Setyawan David https://creativecommons.org/licenses/by/4.0
Reorientation of the Purpose of Punishment in the National Criminal Code: A Humanistic Approach in Indonesian Criminal Law
The reform of criminal law in Indonesia through Law Number 1 of 2023 concerning the National Criminal Code represents a significant transformation in the orientation of the national sentencing system. Historically, Indonesia’s criminal justice framework has largely been influenced by a retributive paradigm, where punishment is primarily viewed as retaliation for criminal acts committed by offenders. However, the development of modern criminal law thought has encouraged the adoption of a more comprehensive approach that emphasizes humanitarian values. In this context, the National Criminal Code introduces a new paradigm that incorporates humanistic and restorative principles, while emphasizing social recovery. This approach does not merely focus on imposing sanctions on offenders, but also seeks to repair the social relationships disrupted by crime, ensure adequate protection for victims, and support the rehabilitation and social reintegration of offenders. This study aims to examine the reorientation of sentencing objectives under the National Criminal Code and to analyze how a humanistic approach is integrated into Indonesia’s criminal law framework. The research employs a normative juridical method, utilizing statutory and conceptual approaches. The analysis is conducted through an examination of the provisions contained in the National Criminal Code as well as relevant criminal law literature. The findings indicate that the National Criminal Code establishes a new direction for the Indonesian sentencing system by emphasizing a balance between public protection, victim restoration, and offender rehabilitation. Consequently, punishment is no longer solely perceived as a mechanism of retaliation, but rather as a legal instrument aimed at achieving substantive justice, maintaining social order, and promoting a more humane and equitable criminal justice system.
Copyright (c) 2026 Sumartini Dewi, Sri Setiawati https://creativecommons.org/licenses/by/4.0
The Debtor's Construction of an Extreme Grace Period Clause in a Debt Payment Suspension Settlement Proposal as a Form of Abuse of Process
The Suspension of Debt Payment Obligations (PKPU) under Indonesian Law Number 37 of 2004 is conceived as a collective debt restructuring mechanism aimed at preserving business continuity while ensuring balanced protection for creditors. Normatively, PKPU grants debtors the freedom to propose composition plans, including grace period clauses, which are legitimized through creditor voting and court homologation. However, the absence of clear statutory parameters regarding the length and reasonableness of grace periods has created a normative vacuum that may be strategically exploited by debtors. In practice, this flexibility has facilitated the inclusion of extreme grace period clauses that postpone debt repayment for disproportionately long periods, particularly disadvantaging legitimate creditors who lack a dominant position within the voting structure.This research analyzes the legal construction and basis for the inclusion of extreme grace period clauses in PKPU settlement proposals and assesses whether such practices constitute an abuse of process despite formal compliance with procedural requirements. Using doctrinal legal research, the study applies statutory and conceptual approaches, supported by qualitative analysis of primary and secondary legal materials through grammatical, systematic, and teleological interpretation. The findings demonstrate that extreme and selective grace periods undermine the substantive objectives of PKPU by transforming it from a balanced restructuring mechanism into a strategic tool favoring debtors. Such practices may therefore be classified as abuse of process, highlighting the need for clearer normative standards and a more substantive judicial interpretation of good faith to strengthen creditor protection and maintain the integrity of the PKPU regime.
Copyright (c) 2026 Norman David https://creativecommons.org/licenses/by/4.0
Settlement of International Disputes Through Diplomacy: The Case of the Collision of an Indonesian Navy Ship by a Vietnamese Fishing Vessel
This study aims to determine and examine the international dispute resolution actions taken by Indonesia in the case of the collision of an Indonesian Navy ship by a Vietnamese fisheries surveillance vessel in violation of the COLREG 1972 and UNCLOS 1982 regulations. The type of research used is normative legal research, with a legislative approach, a case approach, and a conceptual approach. The sources of legal materials used are inseparable from the existing rules in national law and international law, with a special focus on regulations governing ship collisions and maritime law. The legal material collection technique used is by exploring the normative framework and also document study techniques using legal materials that discuss the theories of maritime law, especially COLREG 1972 and UNCLOS 1982. The results of the study indicate that the resolution of international legal problems carried out by the State of Vietnam against the State of Indonesia regarding violations of COLREG 1972 and UNCLOS 1982 in the Indonesian ZEE was resolved through maritime diplomacy efforts.
Copyright (c) 2026 Gede Jeje Vijanathananda Sara, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini https://creativecommons.org/licenses/by/4.0
Reconciliation The Antinomy of the Principle of Formal Legality and Living Law in Reformulation of National Criminal Law
The enactment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) brings a paradigm shift through the recognition of living law in Article 2, triggering an antinomy with the principle of formal legality in Article 1. This study aims to analyze the potential judicial conflict between customary law and formal legal certainty and its impact on the judicial system in Indonesia. The research method used is doctrinal legal research with a statutory and conceptual approach. The results indicate that the existence of the legality principle in the National Criminal Code is no longer absolute as it promotes the idea of balance between formal and material criteria. The prohibition of analogy in Article 1, Paragraph (2) specifically applies only to written law and does not hinder the application of living law to fill legal vacuums. Although aimed at achieving substantive justice, its implementation risks creating criminal disparities. Therefore, standardization through Local Regulations aligned with Pancasila values and sentencing guidelines for judges is required to bridge the gap between legal certainty and social justice.
Copyright (c) 2026 Gede Yudi Sutrisna, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini https://creativecommons.org/licenses/by/4.0
Reconstruction of Telemedicine Regulations In The Indonesian Health Legal System Based on A Legal Pluralism Approach
This research aims to analyze the urgency of reconstructing telemedicine regulations in Indonesia using the legal pluralism approach to create legal certainty that is adaptive to the development of digital health technology. The research method applied is normative law with a focus on the analysis of legal texts, laws and regulations, doctrines, and scientific publications related to the health legal system. Literature studies are used as a secondary data collection technique to map the current legal position as well as existing legislative gaps in the practice of remote health services. Qualitative juridical analysis was carried out to formulate normative solutions to strengthen the legal framework of telemedicine to suit the characteristics of legal science and social realities in Indonesia. The results of the study show that the current telemedicine regulations, including Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Permenkes Number 20 of 2019, are still global and delegative, causing uncertainty at the operational technical level. The absence of specific norms regarding remote diagnostic standards, remote therapy procedures, and limitations on non-face-to-face medical measures increases the risk of malpractice and uncertainty of the legal liability of health workers. The protection of patients' personal data has also not been regulated in detail, especially regarding the security mechanism for sensitive medical data and reporting obligations in the event of a digital information breach. Regulatory reconstruction based on legal pluralism is needed to integrate formal positive law, medical professional ethics, and information technology law into one harmonious legal system. Standardization that includes consultation procedures, electronic prescriptions, and effective supervision mechanisms will provide balanced legal protection for patients, medical personnel, and digital platform operators. Adaptive and flexible arrangements ensure that the law remains relevant to technological innovation without compromising the principles of justice and public safety.
Copyright (c) 2026 Hawreyvian Rianda Seputra, Setyarini, Yuswanti, Marsudi Dedi Putra https://creativecommons.org/licenses/by/4.0
Harmonization Of State Law And Customary Law In Traditional Health Service Practices In Indonesia
This study aims to analyze the harmonization between state law and customary law in traditional health service practices in Indonesia, identify the forms of incompatibility that occur, and formulate efforts to create harmony between the two legal systems through normative juridical research methods that focus on the study of legal norms, laws and regulations, and doctrines. The data collection technique is carried out through a literature study of primary, secondary, and tertiary legal materials which are then analyzed qualitatively to produce logical and structured legal arguments. The current arrangement of traditional health services has been transformed from Law Number 36 of 2009 to Law Number 17 of 2023 concerning Health which places the practice as an integral part of the national health system. Customary law acts as a living law that provides social legitimacy, regulates practitioner ethics through communal values, and maintains the authenticity of traditional knowledge that has been passed down from generation to generation. Efforts to harmonize are carried out through constitutional recognition of customary law communities and the integration of local norms into formal regulations to ensure security and service standards for communities without erasing cultural identity. This synergy creates dual protection for Indonesia's ethnobotanical wealth from exploitation by outsiders while ensuring that every health practice can be legally and empirically accounted for. Such alignment requires ongoing dialogue between governments, indigenous leaders, and health practitioners to address the challenges of the differences between modern medical methodologies and traditional healing techniques.
Copyright (c) 2026 Teguh Adi Partama, Ida Bagus Tatwa Yatindra, I Putu Hari Jaya Tirta, Marsudi Dedi Putra https://creativecommons.org/licenses/by/4.0
Music Copyright Protection in the Indonesian TikTok Era
The development of digital technology has transformed the patterns of music consumption and distribution globally, including in Indonesia. Short-video–based social media platforms such as TikTok have become spaces for creative expression while simultaneously posing serious challenges to the protection of music copyright. The widespread use of unlicensed song clips, remixes, and viral cover versions on TikTok reflects the weakness of digital law enforcement, even though Indonesia normatively possesses a comprehensive legal framework through Law Number 28 of 2014 on Copyright, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, and other implementing regulations. This research intends to examine Indonesia's regulations regarding music copyright protection on the TikTok platform and to evaluate how well these rules are applied in real situations. The study uses a standard legal approach that includes statutory, conceptual, and literary methods. It involves qualitatively examining primary and secondary legal resources through legal interpretation. The findings indicate that music copyright protection in Indonesia is normatively established and covers moral rights, economic rights, as well as civil, criminal, and administrative sanctions. However, its practical effectiveness remains limited due to reliance on manual reporting mechanisms (notice and takedown), the absence of regulations on automatic detection systems, and weak inter-agency coordination among the Directorate General of Intellectual Property, the Ministry of Communication and Digital Affairs, and the National Collective Management Organization. This study concludes that adaptive legal policy reforms are necessary through the implementation of technological enforcement, integration of national digital systems, and the enhancement of public legal literacy to strengthen copyright protection in the digital era.
Copyright (c) 2026 Boy Gabriel Yohanes, Revianty Yovinka, Yossi Niken Respati Artin Soediarto https://creativecommons.org/licenses/by/4.0
The Knock-Out Rule under the UPICC as a Mechanism for Resolving the Battle of Forms in Indonesia
The development of modern commerce, characterized by the widespread use of standard contractual documents and electronic transactions, has given rise to the phenomenon of battle of forms, namely situations in which parties proceed with a transaction despite the existence of mutually inconsistent standard clauses. This phenomenon challenges the classical construction of contract formation under the Indonesian Civil Code (KUHPerdata), which is grounded in the theory of offer and acceptance requiring strict correspondence between the two. This study aims to analyze how the knock-out rule as stipulated in Article 2.1.22 of the UNIDROIT Principles of International Commercial Contracts (UPICC) contributes to legal certainty in resolving conflicts of standard terms and to examine its relevance within the Indonesian contract law system. Employing a normative juridical method with statutory and comparative approaches between the KUHPerdata and the UPICC as a soft law instrument, this research finds that the knock-out rule provides a more adaptive framework by recognizing the existence of a contract insofar as the parties have agreed on its essential elements, while disregarding conflicting clauses and replacing them with applicable gap-filling provisions. This principle maintains a balance between freedom of contract, good faith, and legal certainty, and has the potential to address normative gaps in Indonesian contract law while promoting harmonization with international commercial practice.
Copyright (c) 2026 Sandra Salwa Afifah, Laina Rafianti, Helitha Novianty Muchtar https://creativecommons.org/licenses/by/4.0
Implementation of The Principle of Non-Intervention In ASEAN In The Settlement of Disputes Faced By Its Members
ASEAN was founded based on the Bangkok Declaration on August 8, 1967, with 11 members in the Southeast Asian region. They remain committed to the principle of non-intervention as stipulated in the 1976 Treaty of Amity and Cooperation in Southeast Asia (TAC) and the ASEAN Charter. ASEAN has developed into a major international organization and is beginning to be recognized internationally. The principle of non-intervention remains a persistent issue within ASEAN, and ASEAN leaders should consider the flexibility of this principle. This aims to assist member states facing issues, particularly humanitarian ones. This principle of non-intervention has brought ASEAN to its current level, and it is hoped that in the future, ASEAN will be able to contribute more to its fellow ASEAN members and to other organizations worldwide, thereby aligning ASEAN with its vision, mission, and objectives.
Copyright (c) 2026 I Wayan Lasmawan, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini https://creativecommons.org/licenses/by/4.0
Criminal Law Approach in Handling Bullying Cases in Junior High School Enviroments
This study aims to analyze the legal protection approach for victims of bullying and the obstacles that affect its implementation in the school environment. This study uses an empirical legal method with a sociological approach and a normative approach. Data were obtained through interviews with Guidance and Counseling (BK) teachers, the Violence Prevention and Handling Team (TPPK), and students. Data collection methods used include library research and field research. Data analysis techniques include data reduction, data presentation, and drawing conclusions. The results show that the legal protection approach for victims of bullying is carried out through two forms of approaches: a preventive approach and a repressive approach. The preventive approach includes a personal approach, special guidance and handling, consultation with experts, and socialization. And, the repressive approach is carried out through mediation, sanctions, legal assistance, and referrals to relevant parties. The implementation of preventive and repressive approaches in schools continues to face various obstacles, including low student understanding, limited capacity of guidance and counseling teachers and the TPPK team, a culture of inaction within schools, limited coordination with external parties, and suboptimal operational systems and policies at the school level. Therefore, strengthening integrated, sustainable, and collaborative implementation is necessary to ensure effective legal protection for victims.
Copyright (c) 2026 Andi Ervin Novara Jaya, Gusti Ayu Utami https://creativecommons.org/licenses/by/4.0
Legal protection of indigenous communities from natural resource exploitation: a comparative study of Indonesia and the Philippines
The large-scale exploitation of natural resources in Southeast Asia has generated a wide range of legal, social, and ecological challenges, particularly for indigenous communities living in resource-rich areas. This article seeks to analyze and compare the forms of legal recognition and protection afforded to indigenous peoples in Indonesia and the Philippines, with a focus on their sovereignty over customary lands and their participation in decision-making processes related to natural resource governance. Employing a normative and comparative legal approach, the study examines statutory frameworks, judicial decisions, and selected case studies involving the Moi people in Papua (Indonesia) and the Lumad communities in Mindanao (Philippines). The findings indicate that, although both countries formally recognize the existence and rights of indigenous peoples, the extent of legal protection and its implementation differs significantly. The Philippines adopts a more explicit and progressive legal framework through the Indigenous Peoples’ Rights Act (IPRA), which recognizes collective land ownership and upholds the principle of Free, Prior, and Informed Consent (FPIC). In contrast, Indonesia relies largely on administrative recognition and lacks a legally binding FPIC mechanism within its national legislation. Despite these differences, indigenous peoples in both countries continue to face substantial challenges, including criminalization, militarization, and marginalization from development processes. This article therefore recommends strengthening national legal frameworks particularly through the enactment of a comprehensive Indigenous Peoples Law in Indonesia, institutional reforms of oversight bodies in the Philippines, and the promotion of ecological and participatory justice in natural resource governance.
Copyright (c) 2026 Hairunnisa Rahmi Fadiyah, Fadhel Ally Muhammad https://creativecommons.org/licenses/by/4.0
The Dispute Board as an Alternative Dispute Resolution Mechanism In Public -Private Partnership (PPP) Projects in Indonesia
PPP is an instrument in the provision of infrastructure in Indonesia to close the state financing gap and increase private participation. However, the character of PPP as a risk-based long-term contract makes this project vulnerable to disputes originating from various aspects. Based on Presidential Regulation Number 38 of 2015, the settlement of PPP disputes is carried out in stages through consensus deliberation, mediation, and arbitration or court. These mechanisms are often considered less effective because they take a long time, are high in cost, and have the potential to disrupt the sustainability of projects and the certainty of public services. This study aims to analyze the potential for disputes in PPP projects in Indonesia and examine dispute boards as an alternative dispute resolution method that is effective and preventive. The research method used is normative juridical with legislative, conceptual, comparative, and case study approaches, through the analysis of the national legal framework and comparison of dispute board practices in the United States and Australia. The results of the study show that the dispute board functions as a dispute prevention mechanism through continuous monitoring of the project from the beginning of the contract. Although it is well known in the construction services sector, there is no specific dispute board arrangement in the PPP regime in Indonesia. Thus, this study emphasizes the urgency of strengthening dispute board regulations within the framework of PPP to increase legal certainty, maintain long-term contract stability, and create a conducive investment climate. Keywords: PPP, Dispute board, Dispute Resolution
Copyright (c) 2026 Desliana Maharani Nur Fitri, Prita Amalia https://creativecommons.org/licenses/by/4.0
Constitutional Conflict between Tourism Development and Karst Area Protection in Gunung Kidul: Analysis of Article 33 of the 1945 Constitution of the Republic of Indonesia and the Principles of Sustainable Development
Over the past decade, the tourism sector in the karst region of Gunung Kidul has experienced substantial growth, contributing significantly to local revenue generation and expanding employment opportunities for surrounding communities. Nevertheless, the rapid development of tourism infrastructure, land-use conversion, and intensive exploitation of karst landscapes have generated constitutional concerns related to the State’s obligation to safeguard environmental sustainability. Karst ecosystems perform essential ecological functions, including groundwater storage, hydrological regulation, and providing habitats for diverse biological species. Consequently, environmental degradation in these areas may result in long-term ecological consequences. This study aims to examine the tension between tourism-driven economic development and the protection of karst environments from the perspective of Article 33 of the 1945 Constitution of the Republic of Indonesia, as well as the principles of sustainable development. The research employs a socio-legal approach, combining normative analysis of statutory regulations with conceptual examination of the green constitution doctrine and sustainable development framework. The findings indicate that Article 33 of the 1945 Constitution not only emphasizes state control over natural resources for the prosperity of the people but also implicitly incorporates principles of environmental sustainability and ecological responsibility. Accordingly, tourism policies that disregard environmental carrying capacity and ecological limits within karst regions risk contradicting constitutional mandates. The integration of sustainable development principles into spatial planning policies and licensing mechanisms is therefore essential to ensure a balanced relationship between economic advancement and environmental preservation.
Copyright (c) 2026 Ayik Christina Efata, Deny https://creativecommons.org/licenses/by/4.0
The Typology of Banking Crimes in the Disruptive Era: A Comprehensive Review of Criminal Modi Operandi and Law Enforcement Challenges
Banking crime is a global phenomenon that continuously mutates alongside technological disruption and economic dynamics. This article presents a comprehensive review of banking crime typologies through a conceptual and analytical approach to current academic literature. The focus of the study encompasses the constellation of money laundering, banking fraud, cybercrime, white-collar crime, terrorism financing, and corruption. The synthesis results indicate that criminal modi operandi have radically transformed, shifting from traditional models to the exploitation of regulatory loopholes (regulatory arbitrage), trade-based money laundering (TBML), the exploitation of money mules, and the abuse of digital instruments. Conversely, the primary challenges in law enforcement include regulatory lag, the borderless evolution of criminal technology, and institutional reluctance to report internal fraud to preserve corporate reputation. This review asserts that a comprehensive understanding of crime typologies is a fundamental prerequisite for formulating effective policies. Therefore, holistic legal reform is recommended through a shift toward a risk-based supervisory framework, the strengthening of the corporate criminal liability doctrine, and the mandated adoption of integrated RegTech and SupTech to secure the stability of the national financial architecture.
Copyright (c) 2026 Ruslan Mustari https://creativecommons.org/licenses/by/4.0
The Role of the Constitutional Court As A Guardian of the Balance of Power Between State Institutions
Indonesia is a constitutional democracy with a system of government strictly regulated by the 1945 Constitution. In the Indonesian government's structure, the Constitutional Court plays a key role in maintaining the balance of power. The Constitutional Court is tasked with ensuring that the powers granted to state institutions, including the Executive, Legislative, and Judiciary, are not overlapped or abused and ensuring that all policies and actions are in line with the constitution. The 1945 Constitution mandates that the Constitutional Court carry out its main task: to test the Law against the 1945 Constitution, within the system of checks and balances, so that the Constitutional Court becomes a vital organ in maintaining legal stability and the balance of power between state institutions. In practice, the Constitutional Court faces many challenges from political or external interests that affect its policies and decisions. This research aims to discuss the Constitutional Court's role in supervising the power of state institutions to prevent abuse of authority that could harm the community and damage the Indonesian legal system. This research uses a normative juridical approach with descriptive analysis, based on laws and regulations, Constitutional Court decisions, and other related literature. The results of this research conclude that the Constitutional Court not only functions to maintain the supremacy of the constitution, but also serves as a bridge to balance power among state institutions with their own authority.
Copyright (c) 2026 Siti Fatia Nazela https://creativecommons.org/licenses/by/4.0
Analysis of The Role of Cipayung Plus Advocacy In Overseeing The Constitutional Court's Decision Regarding Power Restrictions And Public Participation
The Constitutional Court has a position as the guardian of the constitution in maintaining the principle of limitation of power and ensuring that the administration of the state runs in accordance with constitutional values. In this matter, Constitutional Court Decision No. 90/PUU-XXI/2023 has sparked debate over the age requirements for presidential and vice presidential candidacy. The ruling affirms the minimum age limit for presidential and vice presidential candidates at 40 years old. Still, it provides exceptions for individuals who are or have been elected, including regional heads. The implications are not only related to the technical issue of candidacy requirements but also to electoral justice, the distribution of political opportunities, and the potential concentration of power in certain political circles. Several studies show a decline in democracy, where formal democratic institutions continue to operate but produce an elitist pattern of power consolidation and tend to be exclusive to actors close to the center of power. This situation reaffirms students' strategic position as actors who perform the function of constitutional social control. Students, through a network of intra-, extra-, and coalition organizations such as Cipayung Plus, not only act as a mass of action but also as an epistemic community that conducts advocacy grounded in legal arguments and policy studies. This role directs students to serve as guardians of public morality and rationality in upholding the principle of equality of political rights and the limitation of power.
Copyright (c) 2026 Rachel Dwita Maharani https://creativecommons.org/licenses/by/4.0
Political Dynamics and Their Implications For the Constitutional Court
The Constitutional Court of the Republic of Indonesia (MKRI) is a legal institution tasked with maintaining the applicability of the constitution and ensuring that the principles of the rule of law run well in the Indonesian government system. Since its establishment in 2003, the MKRI has become an important venue where legal and political issues often collide, especially in handling cases with major political impact, such as disputes over election results, challenges to laws and regulations, and the dissolution of political parties. The intensification of political dynamics poses a major challenge to the independence and credibility of the MKRI, especially amid political polarization and authorities' interference with legal institutions. This article analyzes in depth how changes in national politics affect the Constitutional Court's duties and functions. By using a legal approach grounded in norms and supported by a conceptual analysis of several MKRI decisions with political nuances, this study seeks to explain various forms of political influence on the MKRI's decision-making process. In addition, this article discusses strategic steps to strengthen the MKRI's independence amid intensifying political pressure. The results of the study show that political dynamics significantly affect the MKRI's performance and reputation. The MKRI's involvement in resolving political conflicts often puts him in a difficult position, namely between maintaining neutrality and meeting people's expectations of real justice. Therefore, continuous improvement is needed in the mechanism for recruiting judges, increased transparency in decisions, and strengthened public supervision of the constitutional judiciary's honesty.
Copyright (c) 2026 M. Iqbal Pratama https://creativecommons.org/licenses/by/4.0
The Role of The Constitutional Court in The Protection of Basic Rights Based on the 1945 Constitution
The Constitutional Court is a state institution established with the main function of acting as the guardian of the Constitution. One of the key reasons for its establishment is to protect the fundamental rights guaranteed by the Constitution from interference by the legislative and executive branches. Through the mechanism of judicial review, the Constitutional Court plays a crucial role in maintaining and ensuring that fundamental rights such as freedom of expression, freedom of religion, the right to education, and protection from discrimination are properly implemented and not violated by laws or regulations that contradict the 1945 Constitution. Therefore, it is important to examine the extent to which the Constitutional Court can independently carry out its function of guaranteeing the protection of citizens’ fundamental rights.
Copyright (c) 2026 Ariena Khairunisa Gunawan https://creativecommons.org/licenses/by/4.0
The Relevance of Patents as Collateral for Loans in Supporting an Innovation-Based Economy in Indonesia
The transformation towards an innovation-based economy positions patents as a strategic instrument that not only serves as legal protection but also as a highly valuable economic asset. This study aims to analyze the legal strength of patents as credit collateral in banking practices in Indonesia and to examine their relevance and optimal use in supporting an innovation-based economy. The research method used is normative juridical with a statutory and conceptual approach, utilizing primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that, normatively, patents meet the criteria for collateral, as they are classified as intangible movable objects with economic value and can be bound by fiduciary guarantees. However, in banking practice, their use remains limited due to valuation constraints, low liquidity, and the lack of a clear execution mechanism. On the other hand, the use of patents as credit collateral is highly relevant in increasing access to financing for innovative entrepreneurs, strengthening the creative economy ecosystem, and enhancing national competitiveness. Therefore, strengthening regulations, developing assessment systems, and synergy between institutions are needed to optimize the role of patents as a financing instrument in supporting innovation-based economic growth in Indonesia.
Copyright (c) 2026 Kiki Juwita, Alieffa Nanda, Ria Wierma Putri, Sepriyadi Adhan S https://creativecommons.org/licenses/by/4.0
Legal Protection for Directors Against Allegations of Directors' Negligence Resulting in Losses to the Company
This study aims to analyze legal protection for directors against allegations of negligence resulting in losses for the company in the Indonesian legal system. The method used is normative legal research with a statutory approach and case studies through a comparative analysis of two court decisions, namely the Bekasi District Court Decision Number 647/Pdt.G/2021/PN Bks and the Surabaya District Court Decision Number 565/Pdt.G/2024/PN Surabaya. The results of the study indicate that the civil liability of directors is based on proof of the element of error or negligence, not solely on the occurrence of losses for the company. The Business Judgment Rule principle adopted through Article 97 paragraph (5) of Law Number 40 of 2007 concerning Limited Liability Companies provides conditional protection to directors who act in good faith, with professional prudence, and within the limits of legitimate formal authority. This study emphasizes the importance of a clear distinction between reasonable business risks and directors' negligence as a basis for determining legal liability proportionally and fairly.
Copyright (c) 2026 Yoyo Arifardhani, Ibnu Masúd https://creativecommons.org/licenses/by/4.0
Critical Analysis of Disputes on Authority Between Institutions In The Constitutional Court
The purpose of this scientific article is to provide an analysis of the Constitutional Court's authority in deciding when a dispute arises regarding the authority held by state institutions in Indonesia, using sources such as laws and regulations, journals, and online articles whose topics are relevant to this discussion. As is well known, Indonesia, as a state of law, always bases everything on written law, as well as on the Constitutional Court's authority to decide when a dispute arises regarding the authority of state institutions. Regarding the Constitutional Court's authority, it has been regulated by Article 24, Letter C, of the 1945 Constitution and the Constitutional Court Law. However, in practice, these regulations still face many challenges, especially regarding the double interpretation of which institutions have the right to dispute in the Constitutional Court over their authority. So it can be understood that, even though theoretically and legally there are already rules governing the Constitutional Court's authority to decide when a dispute arises regarding the authority of a state institution, more detailed rules are still needed on this matter to prevent ambiguity in interpreting the existing articles.
Copyright (c) 2026 Mahda Rahman https://creativecommons.org/licenses/by/4.0
Reformulating the Concept of Breach of Contract in Electronic Agreements: Perspectives on Legal Certainty and Justice
The rapid advancement of information and communication technology has significantly transformed contractual practices, shifting from conventional agreements to digitally based electronic contracts. This transformation not only alters the mechanisms of contract formation but also affects the traditional concept of breach of contract, which has long been rooted in classical civil law paradigms. In practice, the distinctive features of electronic transactions such as their cross-border nature, the absence of direct interaction between parties, and the involvement of electronic systems and third parties like digital platforms create particular complexities in determining the forms of breach and identifying the responsible parties. This ambiguity may lead to legal uncertainty and an imbalance in legal protection, especially for consumers. This study aims to reformulate the concept of breach of contract in electronic agreements by emphasizing the principles of legal certainty and justice. The research employs a normative juridical method, utilizing both statutory and conceptual approaches. The analysis focuses on existing legal norms as well as the evolving practices of electronic transactions within society. The findings indicate that the concept of breach of contract in electronic agreements can no longer be narrowly interpreted as merely the non-performance of obligations. Instead, it should be broadened to include failures of electronic systems, algorithmic errors, network disruptions, and the negligence or liability of digital platform providers. Such a reformulation is essential to establish a legal framework that is responsive to technological developments while ensuring fair and proportional legal protection for all parties involved in electronic transactions.
Copyright (c) 2026 Markus Suryoutomo, Natasya Yunita Sugiastuti, Ramziati, Ramziati, Ghina Marta Salmaa Salsabila, Selamat Lumban Gaol https://creativecommons.org/licenses/by/4.0