Journal of Law, Politic and Humanities (JLPH) from Volume 1 Number 2 of 2021 to Volume 6 Number 1 of 2026 Accredited Sinta Rank 3 according to Accreditation number: 152/E/KPT/2023, 25 September 2023 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).
Law Enforcement on By-Pass Water Theft at PDAM Palangka Raya
Water theft through by-pass on PDAM installations is one of the criminal acts that harm local companies and negatively impact the quality and quantity of clean water distribution. This research aims to analyze law enforcement against the crime of water theft in the PDAM of Palangka Raya City, identify the modus operandi used by the perpetrators, and examine the resulting impacts. The research employs empirical legal methods with a qualitative approach, where data is obtained through field observations, documentation, and interviews with relevant parties. The research findings indicate that the modus of theft is carried out by illegal connections on the distribution pipes before the water meter, so the usage is not recorded and the bill does not appear. This action violates Article 362 and Article 363 of the Indonesian Penal Code, Article 406 of the Penal Code, as well as Article 55 paragraph (1) in conjunction with Article 73 paragraph (1) of Law Number 17 of 2019 concerning Water Resources. Water theft results in financial losses for PDAM. decreased water pressure, service disruptions, and potential contamination. Strict law enforcement and increased legal awareness in the community are needed to prevent the recurrence of these criminal acts.
Copyright (c) 2025 Kristian David, Thea Farina, Rizki Setyobowo Sangalang https://creativecommons.org/licenses/by/4.0
Implementation of Law Number 8 of 1999 on Consumer Protection in Online Buying and Selling Practices: A Maqashid Shariah Perspective
Abstract: This study examines the implementation of Law Number 8 of 1999 concerning Consumer Protection (UUPK) in online buying and selling (e-commerce) practices from a Maqashid Shariah perspective. The background of the study arises from the rapid development of digital transactions that have brought challenges to consumer protection, such as online fraud, product discrepancies, delivery delays, and misuse of personal data. This study used a qualitative descriptive approach with an empirical juridical method, involved interviews with the Department of Industry and Trade of Jambi Province and the Indonesian Consumers Foundation (YLKI) of Jambi Province, and was complemented by a literature review. The results of the study show that the principles of consumer protection in the Consumer Protection Law (UUPK) show substantial alignment with the objectives of Maqashid Syariah, particularly in preserving property (hifz al-mal), life (hifz al-nafs), and dignity (hifz al-‘ird). However, the UUPK still has weaknesses in responding to the characteristics of digital transactions, including the absence of specific regulations on electronic commerce, weak law enforcement based on digital evidence, limitations in the function of Consumer Dispute Settlement Agency (BPSK), the lack of regulation on personal data protection, the minimal obligation of transparency for online business actors, and the insufficient adaptability to new digital business models. This study recommends revising the Consumer Protection Law (UUPK) to be more responsive to technological developments, strengthening consumer dispute settlement institutions, synchronizing regulations, and enhancing public legal literacy based on the principles of justice and welfare according to Maqashid Syariah. (time new roman, size 12, space 1) enter 1 x Keyword: Consumer protection, Online trading, Consumer protection law (UUPK), Maqashid syariah, E-commerce.
Copyright (c) 2025 Nilfatri, Ahmad Syukri, Ramlah https://creativecommons.org/licenses/by/4.0
Formal Legality of the Status of the Fitrah Zakat Amil Committee of the Mosque in Tanjung Morawa B Village, Tanjung Morawa District According to Zakat Regulations in Indonesia
Islamic law regulates zakat during the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . Zakat has been managed by amil zakat since the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . One example is when the Prophet Muhammad SAW sent Muadz bin Jabal to Yemen, where he collected zakat from the people while he was governor of the country. The purpose of this study is to determine the understanding of the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District regarding the process of appointing amil zakat. To determine the authority of appointing amil zakat according to Zakat Regulations in Indonesia and to determine the legality of the status of the manager of amil zakat mosques in Tanjung Morawa B Village, Tanjung Morawa District according to Zakat Regulations in Indonesia. The research method used in this discussion is a qualitative research method. The approach used by the author in discussing this research is an empirical or sociological approach . The data collection method used by the author is by means of field observation and reviewing the data sources that the author mentioned, namely primary, secondary, and tertiary. The results of the study show that the process of forming the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District , was carried out at the end of the month of Ramadan by holding a gathering or meeting to determine the amil zakat fitrah committee for that year, and the tradition in Tanjung Morawa B Village, that the amil zakat fitrah committee does not change every year unless someone moves house or has passed away . The formation of the amil zakat fitrah committee for the Mosque in Tanjung Morawa B Village, Tanjung Morawa District can be said to be illegal. Because it does not submit according to procedures according to Law Number 23 of 2011, Government Regulation Number 2014, and BAZNAS Regulation Number 2 of 2016
Copyright (c) 2025 Muhammad Nur Iqbal, Herisiswan, Ansari Yamamah https://creativecommons.org/licenses/by/4.0
The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing
The title of this paper is “The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing”. The object of this research is the action to settle illegal fishing by Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate. This paper aims to analyze the how this Technical Implementation Unit settles the illegal fishing crimes in Ternate as well as the factors that influence their actions in handling illegal fishing crimes in Ternate. This paper employed the sociological legal research method which studies and analyzes the legal behavior of individuals or communities, in relation to the law and the data sources used come from primary data. It employed the the conceptual approach, the statute approach, and the case approach. Results showed that the Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate resolves illegal fishing crimes namely by carrying out supervision, outreach to fishermen, carrying out routine patrols, verification and validation and carrying out investigations. The factors that influence their actions include the lack of human resources infrastructure facilities and the failure to achieve targets
Copyright (c) 2025 Amin, Achmad Miftah Farid, Pangeran, Isyana https://creativecommons.org/licenses/by/4.0
Legal Implications of the Assignment of Trademark Ownership in Franchise Agreements
Franchising is a business model that heavily relies on trademarks as the primary identity and asset in the relationship between franchisors and franchisees. One of the legal issues that frequently arise in practice is the change or transfer of trademark ownership, which can significantly impact the continuity of franchise agreements. The transfer of ownership without clear regulations can create legal uncertainty for franchisees, particularly concerning their rights to use the trademark and the sustainability of their businesses. Therefore, this study aims to analyze the legal implications of trademark ownership transfers in franchise agreements based on the regulations applicable in Indonesia, such as Law No. 20 of 2016 on Trademarks and Geographical Indications and Government Regulation No. 42 of 2007 on Franchising.This research employs a normative legal research method using a statutory and conceptual approach. The findings indicate that the lack of clear regulations regarding the transfer of trademark ownership in franchise agreements can lead to various issues, including changes in business policies by the new owner, unilateral termination of the franchise relationship, or even the loss of franchisees' rights to use the developed trademark. These issues pose financial risks and business uncertainty for franchisees. To mitigate these problems, franchise agreements must include explicit clauses governing the mechanism for trademark ownership transfer to protect franchisee rights and interests.This study recommends strengthening franchising regulations with more specific provisions regarding trademark ownership transfer and encouraging stricter supervision by the Directorate General of Intellectual Property (DJKI). By ensuring greater legal certainty, it is expected that the franchise system in Indonesia can develop more transparently and fairly while providing optimal protection for all parties involved in franchise agreements.
Copyright (c) 2025 Irza Akhlis Aulia, Budi Santoso https://creativecommons.org/licenses/by/4.0
Legal Protection And Certainty Over The Implementation Of Emergency Interim Relief In The Arbitration Dispute Resolution Process In Indonesia
This study explores the urgency and legal framework of Emergency Interim Relief (EIR) in Indonesian arbitration law, emphasizing its role in safeguarding parties’ rights and ensuring legal certainty in urgent disputes. EIR, as a temporary measure issued before a full arbitral tribunal is constituted, is crucial for preventing irreparable harm such as asset dissipation or evidence destruction. Although Law No. 30 of 1999 grants tribunals the authority to issue interim measures, its lack of explicit enforcement mechanisms historically limited their effectiveness. The issuance of Supreme Court Regulation No. 3 of 2023 (PERMA 3/2023) marks a significant development by providing procedural clarity, mandating court registration of interim orders, and introducing fixed timelines for enforcement, including for foreign awards. These reforms align Indonesian arbitration practice more closely with international standards and enhance its attractiveness as a dispute resolution hub. However, limitations remain, notably the narrow scope of PERMA 3/2023, which primarily addresses security seizures, and uncertainties regarding the enforceability of emergency awards under institutional rules such as the 2025 BANI Rules.
Copyright (c) 2025 Sandy Sulistiono, Nynda Fatmawati Octarina https://creativecommons.org/licenses/by/4.0
Legal Protection For Creditors Who Hold Credit Rights Where The Sales Value Of The Collateral Is Smaller Than The Debt Of The Bankrupt Debtor Based On Law No. 37 Of 2004 Concerning Bankruptcy And Pkpu
The dynamic growth of business activities in Indonesia has increased debt–credit transactions, which can lead to disputes when debtors fail to meet obligations, particularly in bankruptcy. Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations provides a framework for asset settlement and protection for secured creditors (separatist creditors). However, issues arise when the collateral’s execution value is insufficient to cover the debtor’s total debt, leaving a shortfall unpaid. This study examines the legal protection for separatist creditors in such cases and remedies available when the curator fails to pay the remaining debt. Using a normative juridical method with statutory and conceptual approaches, the research is based on primary, secondary, and tertiary legal materials analyzed qualitatively. The findings show that the Bankruptcy Law does not clearly regulate the procedure for claiming such shortfalls, creating legal uncertainty and inconsistent commercial court practices. The study concludes that the law should be reformed to expressly allow the shortfall to be claimed as a concurrent debt and that the Supreme Court should issue guidelines to ensure consistent interpretation and strengthen legal protection for separatist creditors.
Copyright (c) 2025 Baginta Simanjuntak, Roida Nababan, Besty Habeahan https://creativecommons.org/licenses/by/4.0
Illegal Trade of Traditional Alcoholic Beverage (Tuak) within the Jurisdiction of Lamandau Police Resort
The illegal trade of traditional alcoholic beverage tuak in the jurisdiction of Lamandau Police Department, Central Kalimantan, reflects a complex socio-legal phenomenon, especially when local cultural practices intersect with formal legal systems. Once a cultural symbol in Dayak society, tuak has transformed into an unregulated commercial commodity, contributing to rising crime rates, public disorder, and health risks. This study employs a juridical-empirical and descriptive-analytical approach to examine the effectiveness of law enforcement against illegal tuak distribution. Findings indicate that weak regulatory oversight, the absence of specific local regulations, and strong cultural acceptance are key obstacles in controlling its spread. This article recommends the establishment of a Local Regulation (Peraturan Daerah) grounded in restorative justice, cross-sectoral collaboration, and community-based educational strategies rooted in local wisdom to address the issue comprehensively.
Copyright (c) 2025 Michael Edy Conceciao, Kiki Kristanto, Ivans Januardy https://creativecommons.org/licenses/by/4.0
Application of The Principle of Notary Caution In Handling The Legalization of Rental Agreements Towards Mortgage Right Objects
In lease agreements, the contract is established in writing. Some collateral institutions require the use of a notarial deed. Even if not mandatory, the lease agreement can still be prepared by or executed before a notary. A collateral deed prepared by a notary, as required, will naturally specify the object of the agreement. However, lease agreements often involve legalization within the contract, which frequently leads to conflicts. The question arises regarding the notary’s liability when such issues occur. This research is a normative study, focusing on the notary’s liability in the legalization of lease agreements involving collateral objects under the principle of prudence. Kata Kunci : Agreement, Notary, Principle of Prudence
Copyright (c) 2025 Muhammad Tanzilul Furqon, Sri Wahyu Jatmiko https://creativecommons.org/licenses/by/4.0
Dispute Resolution In Online Sales And Purchase Agreements On E-Commerce Shopee
This research aims to analyze dispute resolution in online sales agreements, focusing on a case study of PT Shopee Indonesia. In an increasingly digital era, online transactions have become an integral part of daily life, making it essential to understand effective and fair dispute resolution mechanisms. The methodology employed in this study is a qualitative approach with descriptive analysis, involving the collection of primary data through interviews and observations, as well as secondary data from relevant literature. From the analysis conducted, it is recommended that online sales agreements be drafted more clearly, dispute resolution mechanisms be improved to enhance efficiency, and the implementation of consumer protection laws be strengthened. With these measures, it is hoped that a fairer and more satisfying e-commerce environment can be created for all parties involved. The findings indicate that online sales agreements possess a sufficiently strong legal standing; however, there are still several provisions that require clarification to ensure fairness for all parties involved. The existing dispute resolution mechanisms, while adequate, face challenges in terms of efficiency and transparency. This research also highlights the importance of consumer protection law in safeguarding consumer rights in online transactions
Copyright (c) 2025 Dhea Nur Afrina, Hamdan Azhar Siregar https://creativecommons.org/licenses/by/4.0
Legal Certainty For The Judiciary That Is Authorized To Adjudicate Corruption Cases That Occurred In Basarnas RI
Article 42 of the Corruption Eradication Commission Law grants the KPK (Corruption Eradication Commission) coordinating authority to oversee the investigation, inquiry, and prosecution of corruption crimes jointly committed by legal subjects under the jurisdiction of both military and general courts. The normative juridical research method, as a legal research approach, bases its analysis on literature review or secondary data sources as the primary foundation of the study, conducted through an in-depth examination of legal regulations and various literature references relevant to the issue under review. Based on an analysis of the relevant statutory provisions, it can be concluded that the Basarnas corruption case involving military personnel should be adjudicated by the Corruption Court, with several legal considerations. The Corruption Court is the competent body to try corruption cases within the National Search and Rescue Agency of the Republic of Indonesia, while maintaining institutional coordination between the KPK and the Indonesian National Armed Forces (TNI) as mandated by the Constitutional Court's decision. An in-depth analysis of the applicable statutory provisions indicates that the legal provisions regarding jurisdiction over corruption cases involving military personnel have undergone a paradigmatic shift from a personal jurisdiction approach to a subject matter jurisdiction approach. Based on this ruling, and considering that the Basarnas corruption case was initially investigated and discovered by the KPK, the Corruption Court is the competent body to adjudicate the case, including that of Air Marshal Henri Alfiandi as an active member of the TNI.
Copyright (c) 2025 Reza Alamsyah Putra, Zarisnov Arafat, Muhamad Abas https://creativecommons.org/licenses/by/4.0
Judges' Considerations On Traffic Accident Cases In Relation To The Law On Road Traffic And Transportation (Decision Study Number: 35/Pid.Sus/2022/Pn.Pwk)
This study analyzes law enforcement in traffic accident cases resulting in fatalities, focusing on Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The main objective is to examine how the law is applied and how judges make considerations in handing down verdicts. Using a normative legal research method, this study analyzes Judgment No. 35/Pid.Sus/2022/PN.Pwk. The results show that the defendant, who was negligent and caused the victim's death, was indeed charged under this article, which carries a maximum sentence of six years in prison. However, an interesting finding from this study is the gap between the maximum penalty and the sentence imposed. Although the defendant's actions were proven to violate the article and cause death, the judge imposed a sentence of 4 years in prison, which is lighter than the maximum penalty. This decision was based on legal and non-legal considerations, including mitigating and aggravating factors. It is concluded that this lighter sentence than the maximum penalty is considered contrary to the spirit of Article 310(4) of the LLAJ Law.
Copyright (c) 2025 Sampurna Sampurna Banyuaji, Deny Guntara, Muhamad Abas https://creativecommons.org/licenses/by/4.0
Law Enforcement By The Satpol PP Against Violations Of Regional Regulation Number 10 Of 2021 Concerning The Control, Supervision And Restrictions Of The Distribution Of Alcoholic Beverages Without A Permit In Karawang Regency
The distribution of alcoholic beverages without a permit in Karawang Regency has become a serious issue affecting public order and community health. To address this matter, the local government enacted Regional Regulation Number 10 of 2021 concerning the Control, Supervision, and Restriction of Unlicensed Alcoholic Beverages. This study aims to examine the regulation on the control, supervision, and restriction of unlicensed alcoholic beverages in Karawang Regency, as well as the law enforcement efforts by Civil Service Investigators (PPNS) of the Karawang Public Order Agency (Satpol PP), and the obstacles faced in implementing the regulation. This research uses a qualitative method with a descriptive approach. Data collection techniques include interviews and observations. The results of the study indicate that The regulation on the control, supervision, and restriction of unlicensed alcoholic beverages in Karawang Regency is governed by Regional Regulation Number 10 of 2021, which classifies alcoholic beverages into Group A, Group B, and Group C. It also stipulates administrative sanctions in Article 16, including written warnings, temporary business closures, business license revocations, and business closures. Criminal sanctions are regulated in Article 18, which states that violators may be fined up to IDR 50,000,000 (fifty million rupiahs) or face imprisonment for up to 3 (three) months. Law enforcement efforts by the Karawang Satpol PP against violations of Regional Regulation Number 10 of 2021 are carried out through field operations, confiscation of evidence, and the imposition of sanctions. In addition, PPNS officers prepare investigation reports and coordinate with the public prosecutor’s office for further legal proceedings. The challenges faced include the lack of authority to detain suspects by PPNS officers, lengthy investigation processes due to the need for coordination with the prosecutor’s office, and changes in administrative systems such as the implementation of the e-Berpadu application, which requires official letters for searches and seizures.
Copyright (c) 2025 Trisna Ramadani, Deny Guntara, Muhamad Abas https://creativecommons.org/licenses/by/4.0
Legal Protection For Victims Of Online Auction Group As A Result Of The Difficulty Of Getting New Members, As Seen From A Civil Law Perspective
Arisan (a social gathering) is an activity where several people pool money or goods of equal value and then draw lots among the participants to determine who wins. Arisan is recognized as an agreement, although it is often based on mutual consent of the participants without formal written agreement. Arisan falls into the category of anonymous agreements. Therefore, when conducting an arisan, the requirements stipulated in Article 1320 of the Civil Code must be considered. The method used in this research is descriptive and analytical, addressing the research problem, specifically the legal protection of victims of online auction arisan due to the difficulty of attracting new members from a civil law perspective. The results indicate that the implementation of online auction arisan, which relies on recruiting new members, poses significant legal risks, particularly due to the weak basis of the agreement, which is often verbal and lacks written evidence. Protection for victims of online auction arisan (raising) can be provided, despite the lack of explicit regulations, through general principles of agreements, provisions of the Civil Code, the Electronic Information and Transactions Law (UU ITE), and OJK regulations. Legal actions that victims can take include non-litigation resolutions such as mediation and negotiation, as well as litigation through lawsuit mechanisms.
Copyright (c) 2025 N. Ike Kusmiati, Randy Raynaldo https://creativecommons.org/licenses/by/4.0
The Consequences of the Mixed Marriage Law Reviewed from Law No. 16 of 2019
Marriages between Indonesian citizens and foreign nationals have become more prevalent in the context of globalization. This research examines the legal framework governing mixed marriages under Law Number 1 of 1974 on Marriage and its amendment through Law Number 16 of 2019, alongside its connection to Law Number 12 of 2006 on Citizenship. Employing a normative juridical approach, the study analyzes the requirements for entering into mixed marriages, the procedures for their official registration, and the resulting legal implications for the spouses and their children. The study finds that a notable amendment in Law Number 16 of 2019 is the unification of the minimum marriage age to 19 years for both men and women, which has implications for the validity of mixed marriages when the foreign spouse’s national regulations differ. Additionally, proper marriage registration, whether within Indonesia or abroad, is essential to secure legal recognition and protect the rights of all parties involved. Children from mixed marriages are entitled to limited dual citizenship under Law Number 12 of 2006, valid until they turn 18 or marry, at which point they must choose one nationality. The study underscores the significance of legal certainty through marriage registration and the alignment of national, religious, and international laws to safeguard the rights of couples and their offspring.
Copyright (c) 2025 Zaidan Lukmanulhakim, Deni Guntara, Muhamad Abbas https://creativecommons.org/licenses/by/4.0
Sharia Cryptocurrency Regulations and Fatwas: A Maqasid Shariah Analysis Regulasi dan Fatwa Kripto Syariah: Analisis Maqasid Syariah
Abstract: The growing use of cryptocurrency has triggered debates about its compatibility with Islamic law, especially in countries with a strong commitment to sharia economics. This study seeks to compare the legal regulations and religious fatwas on cryptocurrency in Indonesia and Malaysia, evaluated through the Maqasid Shariah framework. Using a normative-comparative legal approach, this research relies on statutory analysis, conceptual reviews, and cross-country comparisons. Key sources include DSN-MUI Fatwa No. 140/2021, Bappebti regulations, the Securities Commission Malaysia’s Guidelines on Digital Assets, and resolutions from the Shariah Advisory Council of Bank Negara Malaysia. Findings indicate that Malaysia shows stronger sharia governance through mandatory audits and public literacy initiatives, while Indonesia provides clearer legal certainty by codifying fatwas and regulations. These findings suggest that each country can learn from the other: Indonesia may strengthen governance, and Malaysia may enhance legal certainty. The contribution of this paper lies in its novelty of applying Maqasid Shariah to a comparative legal study of cryptocurrency, offering relevant implications for policymakers and sharia authorities.
Copyright (c) 2025 Ahmad Syauqi Azmi Ramadhan, Surya Sukti https://creativecommons.org/licenses/by/4.0
The Politics of Religious Recognition: A Comparative Study of Modern Government Policies in Indonesia and Turkey
This study aims to analyze the politics of religious recognition through modern government policies in Indonesia and Turkey and compare the implications of the secularism model adopted on the position of religion in the public sphere. Religious recognition is a fundamental aspect of modern governance because it is directly related to the legitimacy of the state and socio-political stability. These two Muslim-majority countries allocate large proportions of the budget for religious administration despite adhering to the principle of secularism. This study uses a qualitative approach with a comparative study method through comparative policy analysis and comparative techniques between countries. Secondary data were collected through documentation studies and systematic literature analysis of policy documents, laws and regulations, and academic literature. The results of the study show that Indonesia implements the model of religious pluralism with restrictions through the formal recognition of six official religions to manage diversity within the framework of social harmony. Meanwhile, Turkey is undergoing a transformation from rigid secularism to controlled religious governance dominated by an interpretation of orthodox Islam under the leadership of the AKP. Both countries maintain state control over religious affairs through massive religious bureaucracies such as the MORA in Indonesia and the Diyanet in Turkey. This study confirms that the politics of religious recognition is not just an administrative matter, but a complex political strategy for managing plurality, legitimacy of power, and social stability in multicultural societies. Keyword: Politics of Religious Recognition, Religious Governance, Secularism, Religious Pluralism, Indonesia, Turkey
Copyright (c) 2025 Muhamad Silva Maulana https://creativecommons.org/licenses/by/4.0
Changes in the Scheme from Production Sharing Contracts to Gross Split for Upstream Oil and Gas Investments in Indonesia
This study analyzes the impact of the change in contract scheme from production sharing to Gross Split on investment in Indonesia's upstream oil and gas sector using a normative juridical approach. This policy transformation represents the government's response to the administrative complexity and uncertainty inherent in conventional production sharing contract schemes that have been in place for more than five decades. The research method uses content analysis of laws and regulations, policy documents, and related literature to evaluate the effectiveness of the Gross Split scheme implementation. The results show that the implementation of Gross Split has succeeded in creating a simpler, more transparent, and more predictable regulatory framework compared to the previous system. The elimination of complex cost recovery mechanisms has reduced regulatory uncertainty and accelerated investment decision-making. An evaluation of the investment climate indicates increased exploration activity, improved cash flow predictability, and enhanced access to financing for contractors. However, challenges remain in adaptation challenges, the complexity of split factors, and market acceptance that require continuous improvement. The study recommends the development of a systematic review mechanism, strengthening of regulatory infrastructure, and increasing scheme flexibility to optimize Indonesia's competitiveness in attracting global oil and gas investment. The Gross Split scheme has the potential to become a leading model for sustainable upstream oil and gas sector management.
Copyright (c) 2025 Jody Rabbani Hidayat, Utji Sri Wulan Wuryandari, Fahmi Ardhi Djaelani https://creativecommons.org/licenses/by/4.0
Implementation of the Law on the Validity of Electronic Cetificates as Ownership of Land Rights in Indonesia
The Indonesian government, through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), has begun implementing an electronic certificate policy as part of the digital transformation of the national land system. The purpose of the study is to analyze, identify and recommend legal implementation to improve the protection of the rights of electronic certificate land owners. The research method uses a qualitative method with a normative legal research type with a statutory and conceptual approach. The results of the study show that electronic certificates have valid legal force based on the Regulation of the Minister of ATR/BPN Number 1 of 2021 and the Law on Information and Electronic Transactions. Although it has a strong legal basis, its implementation still faces challenges in the form of limited digital infrastructure, low public literacy, and concerns about data security. Therefore, it is necessary to strengthen the legal protection system and comprehensive socialization to the community. In conclusion, the legal validity of electronic certificates is not only determined by the normative framework, but is also supported by public trust, the integrity of the digital system, and legal protection that is equivalent to physical certificates. Research Strengthening technological infrastructure, digital literacy, and a reliable monitoring system are the keys to success.
Copyright (c) 2025 Agus Hermawan, Devi Wahyu Pribadi, Sheyla Alif Alfiana, Tania Ellena https://creativecommons.org/licenses/by/4.0
The Urgency of Harmonizing Consumer Protection Law in the Era of Digital Economy and Market Globalization
The rapid growth of the digital economy and the globalization of markets has highlighted significant gaps in consumer protection laws. These gaps pose challenges in ensuring consumers’ rights and safety in an increasingly digital and interconnected marketplace. This study aims to analyze the urgency of harmonizing consumer protection laws, with a particular focus on issues such as data privacy, cross-border e-commerce, and technological advancements. Using a qualitative research methodology with a literature study approach, this research gathers data from academic journals, reports, and other reputable sources. The findings reveal that current consumer protection laws are inadequate in addressing the complexities of the digital age, with fragmentation in regulations across different jurisdictions leading to legal uncertainty and consumer vulnerability. The lack of international cooperation further exacerbates the issue, making it imperative for countries to work together to create standardized consumer protection frameworks. The study concludes that harmonizing consumer protection laws is crucial for fostering trust in digital markets, protecting consumers, and promoting a fair global digital economy. Further research is recommended to evaluate the practical implications of international cooperation and explore how emerging technologies, such as AI and blockchain, can be regulated to ensure ethical and consumer-friendly practices.
Copyright (c) 2025 Bernadetta Tjandra Wulandari, Arif Awaludin, Evy Indriasari https://creativecommons.org/licenses/by/4.0
The Principle of Justice In The Revocation of Child Adoption Determination By Adoptive Parents (Study of Supreme Court Decision No. 31/Pdt.G/2022/PN Njk)
This research examines the revocation of a child's adoption order by highlighting aspects of justice, both for the child and the adoptive parents. The focus of the discussion is directed at the Nganjuk State Court Decision No. 31/Pdt.G/2022/PN.NJK, in which the judge granted the revocation of adoption on the basis of the best interests of the child. However, the decision raises issues because it does not pay attention to the rights and contributions of adoptive parents who have provided care for many years. The type of research used is Normative Juridical with a case approach, legislation, and comparison. Data sources come from primary legal materials in the form of laws and decisions, and are strengthened by literature as secondary legal materials. Analysis is carried out qualitatively through the study of doctrine and legal norms. The results of this study indicate that the judge's consideration is more in favor of child protection, but creates an imbalance for adoptive parents. Therefore, clearer legal arrangements are needed regarding the mechanism for revocation of adoption, so as to provide legal certainty as well as a sense of justice for all parties.
Copyright (c) 2025 Anugrah Fitria, Atik Winanti https://creativecommons.org/licenses/by/4.0
Legal Accountability and Innovative Strategies in Enhancing Healthcare Workers’ Compliance with the Implementation of Informed Consent and Refusal in Midwifery Services in Medan City
The implementation of informed consent and refusal is a legal, ethical, and professional obligation in midwifery services, aimed at protecting patients’ rights and mitigating the risks of disputes and legal liabilities for healthcare providers. However, its implementation still faces serious challenges. The objective of this study is to assess the level of compliance among healthcare workers in implementing informed consent and refusal, and examine aspects of legal accountability and innovative strategies supporting midwifery services in Medan City. The research method used in this study employed normative juridical and empirical methods with a descriptive-analytical approach. Data were collected through purposive sampling using the Slovin formula and analyzed both quantitatively and qualitatively. Based on the survey results, the majority of respondents were categorized as compliant (66.7%), although one-third were non-compliant (33.3%). Institutional support through Standard Operating Procedures (SOPs) was relatively strong; however, legal training and the adoption of digital documentation remained limited, resulting in weak legal awareness and substantive compliance. These findings underscore the importance of strengthening legal capacity through the dissemination and enhancement of health law literacy. Furthermore, standardization of implementation and the acceleration of digital transformation are required to minimize legal risks and improve the quality of services.
Copyright (c) 2025 Edo Maranata Tambunan, Sridama Yanti Harahap, Khansa Khalishah, Atika Rahmadhani Lubis, Briyan Valentino Sitompul https://creativecommons.org/licenses/by/4.0
Exploration of Local Wisdom in Land Dispute Resolution in Alor Regency
Land disputes are a common problem in rural areas that still rely on customary land inheritance without formal ownership documents. This study examines the mechanism of land dispute resolution based on local wisdom in South Pura Village, Pulau Pura District, Alor Regency, focusing on Tengtokung (diving ritual) as a form of alternative dispute resolution recognized by the local community. Referring to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, this research adopts an empirical juridical method with statutory and legal anthropology approaches, as well as case studies of two land disputes that occurred in 2017 and 2019. Primary data were obtained through interviews with traditional leaders, village officials, and disputing parties, while secondary data were collected from literature studies. The results show that Tengtokung is conducted through a series of customary ceremonies involving community leaders, religious figures, and the families of the disputing parties, with outcomes considered final and fair by both sides. The strengths of this mechanism include its speed, low cost, confidentiality, and focus on restoring social relationships. However, its weaknesses lie in the absence of formal legal recognition and its reliance on the good faith of the parties, which may lead to future disputes. This study recommends strengthening the synergy between customary mechanisms and the national legal system to ensure legal certainty while preserving the community’s social harmony.
Copyright (c) 2025 Stefanus Don Rade, Benediktus Peter Lay https://creativecommons.org/licenses/by/4.0
Reconstruction of the Election Simultaneity Model through the Constitutional Court Decision Number 135/PUU-XXII/2024: Constitutional or Unconstitutional?
The simultaneous election model that separated the implementation of national and local elections has created various problems, such as election worker fatigue, logistical burdens, and limited attention to local issues. Constitutional Court Decision No. 135/2024 subsequently corrected this model by establishing a new arrangement that separates the conduct of National Elections and Regional Elections. This study was a normative legal research employing qualitative juridical analysis aimed at examining the effectiveness of the previous simultaneous model, testing the constitutionality of the new model, and analyzing its implications for the term of office of Regional Heads and local parliament members (DPRD) elected in 2024. The findings show that the previous simultaneous model was ineffective, the new model has a strong constitutional basis, and the most rational solution to its transitional implications is to shorten the term of office of Regional Heads and DPRD members elected in 2024 and to hold Regional Elections in 2028. In this regard, it is recommended to amend the Election Law and the Regional Election Law and to regulate the transitional period in accordance with constitutional principles.
Copyright (c) 2025 M Afandi, F. Yudhi Priyo Amboro, Triana Dewi Seroja https://creativecommons.org/licenses/by/4.0
Study of the Cancellation of the Deed of Sale and Purchase Agreement By the Court of ConsequencesAct against the law (Case Study of Decision Number 55/Pdt.G/2022/Pn.Dpk)
The Sales and Purchase Agreement (PPJB) is a crucial legal instrument in property transactions in Indonesia, but its cancellation by the court creates significant legal complexity for legal certainty and investor protection. This study analyzes the court's legal considerations in canceling a PPJB deed due to unlawful acts through a case study of Decision Number 55/Pdt.G/2022/PN.DPK which was upheld at the cassation level, using normative juridical methods and a descriptive analytical approach to examine the consistency of the application of contract law and the effectiveness of legal protection for land title holders. The research findings show a fundamental inconsistency in the court's decision, which declared the plaintiff a good-faith buyer in the conventional case, but in the counter-conventional case, declared the plaintiff to have committed a breach of contract with disproportionate sanctions in the form of cancellation of the agreement and loss of payment of Rp. 2,320,000,000. This contradiction indicates a systemic weakness in distinguishing the concepts of default and unlawful acts, a disregard for the principle of proportionality of sanctions, and the ineffectiveness of available legal protection mechanisms because the land registration system can be canceled based on inconsistent considerations. This study concludes the need for reformulation of the judicial approach in handling PPJB disputes through the development of a consistent, proportional, and just legal framework to maintain public trust in the legal system and support a healthy and sustainable property investment climate.
Copyright (c) 2025 Ajun Arifin, Tetti Samosir https://creativecommons.org/licenses/by/4.0
Constitutional Mandate and International Solidarity: A Legal Study of Indonesia's Aid to Victims of the Gaza Conflict
This study examines Indonesia's role in responding to the Gaza conflict, a complex international issue with historical, political, legal, and humanitarian dimensions. The Gaza conflict is one of the most complex international issues because it encompasses these same dimensions. For Indonesia, this issue is viewed not only as a matter of foreign policy, but also as the implementation of the constitutional mandate of the nation's founders, as stated in the Preamble to the 1945 Constitution. The first paragraph affirms rejection of all forms of colonialism, and the fourth emphasizes the nation's obligation to contribute to a world order based on independence, peace, and justice. Based on these principles, Indonesia supports Palestine through political diplomacy, humanitarian aid, and international legal advocacy. However, implementing these measures faces significant obstacles, including the Israeli military blockade, internal political fragmentation in Palestine, and the use of veto power in the UN Security Council by the five permanent member states. This study uses a juridical-normative legal approach to systematically evaluate Indonesia's actions based on international legal frameworks and norms. This allows us to understand Indonesia's consistency in providing assistance to Gaza as the implementation of the anti-colonial principle, as well as a moral contribution and constitutional mandate for world peace.
Copyright (c) 2025 Fritz Edward Siregar https://creativecommons.org/licenses/by/4.0
Juridical Analysis Juridical Analysis Of The Legal Protection Of Children With Special Needs In Inclusive Education
Inclusive education is a strategic policy to ensure the right to education for all children, including those with special needs. However, despite Indonesia’s strong normative framework supporting inclusive education, implementation remains uneven. This paper aims to examine the effectiveness of legal protection for children with special needs within the inclusive education system, using SMA Negeri 3 Pangkalpinang as a case study. The study employs an empirical juridical method, combining normative legal analysis with field observations and interviews involving educators, parents, and school administrators. The findings reveal a significant gap between the legal framework and the real conditions in schools. Key challenges include the absence of certified special assistant teachers, inadequate inclusive facilities, and limited awareness among stakeholders. The study concludes that while legal guarantees exist, systemic implementation barriers hinder their realization. Strengthening inclusive education requires harmonized policies, structural support, and a shift in legal culture within school communities.
Copyright (c) 2025 Siti Diniati, Junaidi Abdillah https://creativecommons.org/licenses/by/4.0
A Legal Analysis of Simple Verification and Legal Protection for Concurrent Creditors in the Bankruptcy of a Developer (A Case Study of Decision No. 20/Pdt.Sus-Pailit/2022/PN.Niaga.Smg)
Bankruptcy is a legal mechanism that provides certainty for creditors when debtors are no longer able to fulfill their payment obligations. This study aims to analyze the legal steps that creditors can take against debtors who are in default based on the Cooperation Agreement Deed, as well as to examine the judge's considerations in deciding bankruptcy cases in the Semarang District Court Decision No. 20/Pdt.Sus-Pailit/2022/PN.Niaga.Smg in accordance with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The research method used is normative juridical with a constitutional and case approach. The results of the study indicate that the bankruptcy petition was granted because the bankruptcy requirements were met, namely the presence of more than one creditor and debts that had matured as regulated in Article 2 paragraph (1) of the PKPU Law. The panel of judges emphasized the principle of pari passu pro rata parte and the application of the principle of simple proof based on Article 8 paragraph (4) of the PKPU Law as the basis for their considerations. In conclusion, the application of the principle of simple proof in bankruptcy cases effectively provides legal certainty while guaranteeing justice for the parties.
Copyright (c) 2025 Diana Alpiani Safitri, Yuniar Rahmatiar, Muhamad Abas https://creativecommons.org/licenses/by/4.0
Legal Liability for the Bankruptcy of a Limited Liability Company Resulting from Unlawful Conduct
Abstract: This study explores the legal liability of a limited liability company in the event of bankruptcy arising from unlawful acts committed by its management or controlling parties. The research aims to analyse the extent to which corporate liability can be imposed under Indonesian company law, bankruptcy law, and civil law principles, particularly when the principle of limited liability is challenged by fraudulent or unlawful conduct. Using a normative juridical method, this study examines primary legal sources, including the Indonesian Civil Code, Law No. 40 of 2007 concerning Limited Liability Companies, and Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Secondary legal materials, such as books, journal articles, and legal commentaries, are also analysed to provide theoretical support and comparative perspectives. The findings suggest that although the doctrine of separate legal personality protects shareholders from personal liability, exceptions may apply when unlawful acts such as fraud, bad faith, or abuse of corporate structure occur, thereby justifying the piercing of the corporate veil. This study highlights the importance of balancing legal certainty with fairness and accountability in corporate bankruptcy cases which offers recommendations that strengthen creditor protection and ensure directors cannot evade responsibility through corporate formalities. Keyword: limited liability company, bankruptcy, legal liability, unlawful conduct
Copyright (c) 2025 Angelia Laksana, Felicia Margaret, Yolanda Yuliani Pradigdo, Ivana Cindi Lydia Wuwung https://creativecommons.org/licenses/by/4.0
Protection off Bird off Paradise Wildlife From Extinction Due to Poaching
The hunting of wild birds of paradise results in a decrease in population and damages the ecosystem that has been created by nature. The increase in the hunting of birds of paradise continues to rise year after year, indicating that wildlife protection regulations have not yet effectively and strictly enforced and provided benefits such as a deterrent effect. On the other hand, the development of wildlife trade models follows the advancement of digital technology, namely social media, where wildlife trade no longer recognizes national borders. Thus, changes in regulations and increased multi-sector cooperation between state institutions, NGOs, and international organizations are necessary to enhance law enforcement against the poaching of birds of paradise. This research discusses the protection of birds of paradise from extinction caused by wildlife hunting. This research uses a normative research method with a regulatory approach. The results of this study show that the hunting of wild animals continues to increase year by year, as well as the development and changes in the methods of marketing wild animal hunting results. Therefore, amendments to Law No. 5 of 1990 on the Conservation of Natural Resources and Ecosystems can be made in accordance with technological advancements and to enhance cooperation among state institutions, NGOs, and international relations in law enforcement.
Copyright (c) 2025 Decky DA Wospakrik https://creativecommons.org/licenses/by/4.0
Legal Justice and Legal Accountability in Multi-Clause Franchise Disputes (Case Study: Saimen Sarolangun)
Currently, the business world is rapidly growing, as evidenced by the increasing application of business development through franchise systems widely adopted by entrepreneurs in Indonesia. The economic development of society in this technological era has certainly undergone various changes, resulting in business relations becoming more accessible to everyone. Therefore, adequate legal protection is needed to minimize potential problems that may arise, aiming to ensure justice and legal certainty within society. This means that the development of the business world must be accompanied by strong and sufficient legal protection to support potential legal issues in the future. In other words, regulations that provide legal justice and effective dispute resolution methods are required, which will particularly impact the parties involved, especially those who suffer losses, along with clear legal accountability so that violators can be held responsible for their actions. This research is normative legal research with a conceptual approach, and the data collection techniques used include literature study and a case study on decision No. 25/Pdt.G/2022/PN Srl. The findings show that dispute resolution in the case was carried out through litigation efforts, proving that the defendant committed a breach of contract in a franchise agreement that had already been notarized. This indicates that the franchise agreement was drafted by the parties into a legal document with strong evidentiary value. The document clearly establishes the legal relationship between the parties regarding their rights and obligations, created to ensure legal justice and to prevent future disputes. Furthermore, legal accountability was addressed in the judgment’s ruling, which was considered sufficient to cover all losses suffered by the plaintiff.
Copyright (c) 2025 Theodore P.Z.M.G.Sibarani, Mohammad Jamin https://creativecommons.org/licenses/by/4.0
Model Rehabilitation of Drug Addicts Based on Legal and Community Health Approaches to Promote Healthy Behavior
The handling of drug addicts in Indonesia still faces serious problems due to the disharmony between legal norms that emphasize rehabilitation and law enforcement practices that tend to be repressive. The aim of this research is to analyze the normative framework for the rehabilitation of drug addicts, identify the barriers to implementation in the field, and formulate a model of integrative rehabilitation based on law and public health. This study employs a normative method with a legislative and conceptual approach. The results indicate that the Narcotics Law has provided a legal basis for rehabilitation; however, its implementation is not optimal due to limited resources, the repressive paradigm of law enforcement officers, societal stigma, and weak inter-agency coordination. Analysis using progressive legal theory and public health perspective emphasizes that addicts should be viewed as victims entitled to recovery, not merely as offenders. An integrative rehabilitation model that combines the roles of law and public health serves as a strategic solution to promote the protection of human rights, reduce the social impact of narcotics, and rehabilitate addicts towards healthy living behaviors.
Copyright (c) 2025 Muhamad Chaidar, Alik Septian Mubarrok https://creativecommons.org/licenses/by/4.0
From ‘Criminal Acts’ to ‘Crimes’ and Accountability: A Philosophical Study of the Aspects of Fault and Punishment in Law No. 1 of 2023
This study aims to discuss the change in the status of criminal acts to criminal offenses and a study of the accountability of aspects of errors in criminalization as stated in Law No. 1 of 2023. This research is a qualitative research. Library research is used in this normative legal research methodology. The particulars of this study include the use of descriptive analysis as the research methodology. Primary and secondary legal materials comprise the secondary data sources and kinds used in this study. The approach to data analysis is normative. According to the findings of the study, Law Number 1 of 2023 pertaining to the Criminal Code embraces neo-classical principles and strikes a balance between objective and subjective considerations. The types of penalties regulated, the acceptance of living law as a basis for sentencing, the consideration of humanitarian aspects, and the adoption of a new concept that emphasizes prevention, rehabilitation, and conflict resolution without degrading human dignity all of which are significant changes to criminal law.
Copyright (c) 2025 Khaoeirun Nissa https://creativecommons.org/licenses/by/4.0
The Role of Law in Rice Scarcity Mitigation
In support of national food security, the government issued Presidential Instruction No. 6 year 2025 concerning the Procurement and Management of Domestic Grain/Rice and the Distribution of Government Rice Reserves (Presidential Instruction No. 6 year 2025). However, Indonesia continues to face rice scarcity and rising prices due to policy inefficiencies. In fact, the government has issued various policies to ensure the availability and affordability of rice prices in the community. This article evaluates the authority of Ministries and Institutions in making policies to mitigate rice scarcity. This article uses normative legal research methods supported by economic analysis. The results of the study show that there is a lack of institutional coordination that results in society’s reduced purchasing power.
Copyright (c) 2025 Maria G.S. Soetopo https://creativecommons.org/licenses/by/4.0
The Role of e-Berpadu in Addressing the Lex Imperfecta of Article 143 Paragraph (4) of the Indonesian Criminal Procedure Code
This study examines the role of the e-Berpadu system in addressing the lex imperfecta nature of Article 143 paragraph (4) of the Indonesian Criminal Procedure Code (KUHAP), which obliges prosecutors to provide case files to suspects or their legal counsel but prescribes no sanction for non-compliance. The research was conducted at the Kotamobagu District Court using a qualitative approach that combined interviews, observations, document analysis, and focus group discussions. The findings reveal that e-Berpadu enables digital access to case files for legal counsel and supports the fulfillment of the right to information. No significant technical barriers were identified in its implementation. However, the case file access feature is neither a core component of the system’s design nor emphasized in its official dissemination, leaving many defense lawyers unaware of its availability. The study concludes that although e-Berpadu can function as a supplementary tool to ensure access to case files, it cannot substitute the prosecutor’s mandatory obligation under KUHAP
Copyright (c) 2025 Riska Pratiwi Djaman, Jemmy Mokoagow, Hajim Lasabuda, Eldy Noerdin https://creativecommons.org/licenses/by/4.0
Legal Analysis of the Exclusion of PT Danantara's Losses From State Financial Losses In Investment
Investment management by state-owned enterprises (BUMN) or entities related to state finances often raises legal issues, particularly when losses occur that impact state finances. PT Daya Anagata Nusantara (PT. DANANTARA) is an entity that has been in the spotlight due to allegations of state losses arising from its investment management activities and the status of those losses. However, the emergence of exceptions to these losses from the category of state financial losses has given rise to legal debate that requires in-depth analysis. The method used in this research is a descriptive analytical method by solving research problems on the object of study, namely regarding Legal Analysis of PT Danantara's Exclusion from State Finance in Investment. The results of the study concluded that the exclusion of PT Daya Anagata Nusantara's (PT Danantara) losses from the category of state losses is based on a strong legal basis, especially referring to the legal status of PT Danantara as a limited liability company subject to private law and the principle of separate legal entity as regulated in the Law on Limited Liability Companies. The legal consequences of the exclusion of Daya Anagata Nusantara's (PT. DANANTARA) losses from the category of state finances due to investment management from the perspective of statutory regulations have a strategic position as a state investment management body that is directly responsible to the President. As a limited liability company, PT Danantara is legally separated from state finances as regulated in the State Finance Law No. 17 of 2003, so that the losses it experiences are not automatically categorized as state losses.
Copyright (c) 2025 Elli Ruslina, Dimas Yureza Kartiko https://creativecommons.org/licenses/by/4.0
Absolute Jurisdiction Of Arbitration Institutions According To Indonesian Positive Law: Analysis Of The Decision Of The South Jakarta State Court Number 420/Pdt.G/2020
Arbitration is an interesting manner to resolve trade issues because it is final and binding. Article 30 of law quantity 30 year 1999 on Arbitration and opportunity Dispute decision explains that the courtroom isn't always legal to just accept a case among events who've selected arbitration as a method of dispute decision, as said within the arbitration clause. but, within the discipline there may be a violation of the authority of the district court docket, specifically the courtroom nevertheless accepts and manages cases that ought to be resolved via arbitration. The reason of this examine is to investigate the regulations of absolute authority of arbitration institutions in the Indonesian felony device and assessment the suitability of. District court docket choice variety 420/Pdt.G/2020/PN.Jkt Sel. The method used is normative criminal research with statutory, case, and conceptual strategies. in the case, the panel of judges stated that the District court had the authority to pay attention the case. even though there was an settlement among the events worried to clear up the dispute via arbitration. The judge's reasoning changed into that the issue rely of the case became an act of tort and no longer a breach of settlement, and not all parties inside the case had been certain by means of the arbitration clause. The outcomes of the evaluation display that the selection violates the regulations of absolutely the authority of arbitration, and isn't always according with the ideas stipulated in Article three of regulation quantity 30 of 1999 which states that the courtroom isn't always legal to just accept cases which have been certain with the aid of an arbitration settlement.
Copyright (c) 2025 Desima Tambunan, Fransisco, Vicka Prama Wulandari https://creativecommons.org/licenses/by/4.0
Settings On The Age Limit for Nomination as Regional Head or Deputy Regional Head in The Regional Government System in Indonesia
The direct election of regional leaders, as mandated by Article 18(4) of the 1945 Constitution, aims to produce leaders with competence, integrity, and dedication in line with the people’s aspirations. However, debates have emerged regarding the correlation between young or new leaders and their performance, which has sparked discussions on revising candidate requirements, particularly age limits. This study examines (1) how the age limit for regional head and deputy nominations is regulated in Indonesian law, and (2) the reasons behind changes in these requirements. Using a normative legal research method with statutory and conceptual approaches, the study finds that Law Number 10 of 2016 sets the minimum age at 30 years for governor and deputy governor candidates, and 25 years for mayor, deputy mayor, regent, and deputy regent candidates. Following a Supreme Court decision (Case No. 23 P/HUM/2024), the age requirement is calculated based on the swearing-in date. The Constitutional Court emphasizes that Article 7(2)(e) of Law No. 10 of 2016 must be strictly applied during the nomination process. Furthermore, the amendment of age limits cannot be separated from potential conflicts of interest among office holders. Constitutionally, such amendments are legitimate, whether conducted through judicial, legislative, or executive review.
Copyright (c) 2025 Moch. Firmandika Gita Mareta, Yudi Widagdo Harimurti, Nurus Zaman https://creativecommons.org/licenses/by/4.0
Cyber Victimology: Innovative Models and Mechanisms for Protecting Child Victims of Sexual Violence Crimes in the Context of Cybercrime
This study was motivated by the complex urgency caused by the prevalence of sexual violence against children in the cyber world. Sexual violence against children leaves victims with deep trauma, anxiety, and social withdrawal. This study uses a normative legal research method with an in-depth literature review approach to analyse the implementation of positive law in Indonesia in protecting child victims of sexual violence in cybercrime, as well as innovations and mechanisms for protecting child victims of sexual violence in cybercrime. As a synthesis and solution, this study projects PELITA Model (Easy, Safe, and Child-Friendly Reporting; Digital Education and Literacy; Integrated Legal, Psychological, and Medical Services; Legal and Digital Forensic Infrastructure; Capable Child Investigators; and Collaborative Law Enforcement Officials) as a comprehensive framework. This model is designed to bridge the gap by synergistically integrating the strengths of formal law and operational innovation, emphasising a victim-centred approach from preventive, repressive, to rehabilitative measures. In conclusion, this study argues that effective protection requires an evolution from a reactive paradigm towards a proactive and adaptive protection system for child victims. PELITA Model can serve as a strategic roadmap for realising holistic protection for child victims of sexual violence in the digital space.
Copyright (c) 2025 Peter Guntara, Primadia Putri Harmastuti, Calvin Andika Putra, Feti Liani https://creativecommons.org/licenses/by/4.0
The Role of Law in Safeguarding Consumers in the Fast Beauty Industry: A Legal Analysis on Product Safety and Quality
The growth of the fast beauty industry in Indonesia presents serious challenges to consumer protection, particularly related to the circulation of illegal cosmetics, overclaims, and low understanding of product quality standards. This study aims to examine the implementation of consumer legal protection for fast beauty products in Kudus Regency, as well as to evaluate the extent to which ISO 9001:2015 quality standards are understood and implemented by business actors. This study uses an empirical legal approach with a qualitative design, and data collection techniques through in-depth interviews and documentation studies of regulations, business actors, regulators, medical personnel, and consumers. The research results indicate that consumer protection has not been optimally implemented due to weak oversight, limited resources, and low consumer literacy regarding product legality and safety. The implementation of ISO 9001:2015 is still limited to large-scale businesses, while small businesses do not yet understand the basic principles of quality management. These findings indicate the importance of integrating national legal regulations and international quality standards as a preventive strategy in the consumer protection system. In conclusion, consumer protection in the fast beauty industry requires a holistic legal approach based on regulation, quality, and education. This research contributes to broadening the conceptual framework of consumer protection law and provides a basis for policymakers to formulate more adaptive strategies to the dynamics of the modern cosmetics market. Future research is recommended to expand the geographic scope and use mixed methods to enhance the validity and generalizability of the findings.
Copyright (c) 2025 Kathya Irsmi Sufa, Suparnyo https://creativecommons.org/licenses/by/4.0
Artificial Intelligence in Telemedicine: Regulatory Challenges and Legal Accountability in Indonesia
Abstract:Technological development has become a key catalyst in transforming various aspects of human life, including the healthcare sector, through telemedicine services. Telemedicine has emerged as an innovative solution to address challenges in healthcare access, particularly during the COVID-19 pandemic, by offering convenience, efficiency, and affordability. One of the supporting technologies that strengthens the telemedicine system is artificial intelligence (AI), which can analyze medical data, accelerate diagnosis, and monitor patients in real time. AI branches such as Natural Language Processing (NLP) also play a role in processing unstructured medical data, thereby supporting efficient documentation and clinical decision-making. However, the application of AI in telemedicine requires serious legal and regulatory attention. In Indonesia, the legal framework governing telemedicine and AI remains limited, lacks comprehensiveness, and is not yet legally binding. This situation raises ethical risks, algorithmic bias, and uncertainty regarding legal liability. Meanwhile, countries such as the European Union, Singapore, and Australia have designed adaptive regulations oriented toward patient safety and data protection. In facing these challenges, legal accountability from the Indonesian government is required as part of the implementation of good governance principles. The government must formulate clear, transparent, and inclusive regulations while ensuring the involvement of medical professionals in AI-based decision-making. Such measures will serve as strategic elements in building a safe, fair, and sustainable digital healthcare system.
Copyright (c) 2025 Diah Arimbi https://creativecommons.org/licenses/by/4.0
Imposition of Land and Building Acquisition Duty on Legally Certain Transaction Agreements: Study of the Indonesian Constitutional Court Decision Number 117/PUU-XXI/2023
The title of this research is the “Imposition of Land and Building Acquisition Duty on Legally Certain Transaction Agreements: Study of the Indonesian Constitutional Court Decision Number 117/PUU-XXI/2023”. The object of this research is the Indonesian Constitutional Court Decision Number 117/PUU-XXI/2023. The objective of this research is to discover whether or not the imposition of Land and Building Acquisition Fee on Sale and Purchase Binding Agreement in the Decision of the Constitutional Court of the Republic of Indonesia Number 117/PUU-XXI/2023 provide legal certainty for the community. The method of this research was the normative or doctrinal legal research which employed the statute approach, conceptual approach, and case approach. This research employed primary and secondary legal materials. Results showed that Land and Building Acquisition Tax is a tax imposed on the acquisition of land and/or building rights. Market value reflects the amount of money the seller, as the owner of the land and building, should receive and the buyer, as the party receiving the rights to the land and building being traded. The results of this study are expected to provide information and solutions for parties who study the legal implications and legal certainty for the community regarding the imposition of Land and Building Acquisition Duty on Transaction Agreements in the Decision of the Constitutional Court of the Republic of Indonesia Number 117/PUU-XXI/2023.
Copyright (c) 2025 Nurwegia Rahmawati Arofah, Waluyo, Sasmini https://creativecommons.org/licenses/by/4.0
On-Chain Off-Chain Regulation on Crypto Asset in Indonesia Market
The advancement of blockchain technology has created challenges for traditional regulatory frameworks, regarding consumer protection in crypto asset ecosystems. This paper examines dichotomy between on-chain governance mechanisms embedded within blockchain protocols and off-chain regulatory approaches imposed by state authorities. Through normative legal research and comparative analysis of international regulatory practices, this study identifies critical gaps in Indonesia's current crypto asset regulatory framework. The research reveals that existing regulations, through government’s commodity-based approach, inadequately address the technological governance inherent in blockchain systems like smart contracts, decentralized protocols, and automated consensus mechanisms. The study proposes a hybrid regulatory construction that synchronizes technological governance with traditional state regulation to create comprehensive consumer protection. The findings demonstrate that integrating on-chain compliance mechanisms with off-chain oversight can enhance consumer safety while maintaining innovation momentum. This research contributes to digital law study by providing regulatory models suitable for Indonesia's legal system and broader emerging market contexts.
Copyright (c) 2025 Aloysius Bernanda Gunawan, M.S. Tumanggor, Adi Nur Rohman, Amalia Syauket https://creativecommons.org/licenses/by/4.0
Misuse of Rehabilitation Policy in the Narcotics Law: An Analysis of Extortion Practices by Police Officers
This research analyzes the implementation of rehabilitation policies under Law Number 35 of 2009 on Narcotics and their misuse by certain law enforcement officers. The study focuses on understanding rehabilitation as a right for victims of narcotics abuse and identifying the factors leading to extortion practices. The research employs a normative legal approach combined with statutory, case, and conceptual analyses. The findings reveal that although rehabilitation is regulated as an alternative to imprisonment aimed at health recovery and social reintegration, its implementation faces significant challenges, including limited facilities, social stigma, and unclear technical regulations. These conditions create opportunities for police officers to exploit legal loopholes and the vulnerable position of victims through extortion. Economic motives, social environment, weak internal supervision, and a permissive police organizational culture are identified as the main contributing factors. This study emphasizes the importance of strengthening regulations, enhancing law enforcement accountability, and expanding access to legal aid to ensure that rehabilitation policies truly protect victims and remain free from abuse of authority.
Copyright (c) 2025 Adzra Ardelia Tuasalamony, Kayus Kayowuan Lewoleba https://creativecommons.org/licenses/by/4.0
Juridical Analysis Of Child Grooming And Identify Forgery (Faker) In The Roleplayer Community On Social Media
This study examines the modus operandi of child grooming that utilizes identity forgery (faker) in the online roleplayer (RP) community, as well as analyzes legal protection and psychological impact on victims. Using a normative juridical approach, the study found that perpetrators systematically build an emotional relationship with child victims through false identities for the purpose of exploitation. This faker practice has been shown to cause deep psychological trauma and mental destruction. Juridically, this action can be charged through Article 378 of the Criminal Code concerning fraud, the Child Protection Law, and the ITE Law. The results of the study confirm the importance of digital literacy, parental supervision, and ongoing psychological support for victims. We suggest the need for more protective platform policies and legal adaptations that are responsive to these cybercrimes. Keywords: Child grooming, identity forgery, roleplayer, child protection, cyber law.
Copyright (c) 2025 Jasmine Fatiha Jamaila, Yuliana Yuli Wahyuningsih https://creativecommons.org/licenses/by/4.0
Digital Transformation In Handling Sexual Violence In Higher Education Institutions
This study aims to analyze the implementation of digital transformation in addressing sexual violence cases within higher education institutions by emphasizing the role of protection and assistance task forces through a feminist policy perspective. The research employed a descriptive qualitative method with data collection techniques including in-depth interviews, observations, and document reviews. The data were analyzed using a thematic approach to identify patterns, challenges, and opportunities for strengthening digital-based reporting and assistance mechanisms. The findings indicate that the existence of digital reporting systems contributes to improved accessibility and confidentiality for victims, yet still faces obstacles in terms of outreach, human resources, and technological sustainability. The role of the task force is proven to be crucial in ensuring victim-centered assistance, although capacity building and institutional support remain necessary for optimal system performance. Overall, digital transformation has the potential to serve as a strategic instrument in creating a safe, just, and responsive college environment for victims.
Copyright (c) 2025 Ina Heliany, Feny Windiyastuti , Sofa Laela https://creativecommons.org/licenses/by/4.0
Analysis Of The Judge's Ruling Regarding The Indonesian National Arbitration Board (BANI) (Decision Study Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr)
This research was conducted with the aim of finding out: 1) The basis for the judge's considerations in granting the applicant's request in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), 2) Analysis of the case resolution in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr). The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The results of this research show that: 1) The judge's basis for granting the Petitioner's petition in Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr was that the judge assumed that BANI Decision Number 513/IV/ARB-BANI/2013 was taken as a result of deception on the part of the Arbitration Petitioner. Then the Arbitration Panel made a real mistake in deciding the case regarding the use of the legal basis for decision making. Apart from that, the judge considers that BANI Decision Number 513/IV/ARB-BANI/2013 has violated the principle of freedom of contract and agreement law as regulated in Article 1338 of the Civil Code and Respondent II as the Decision Panel has given a decision that exceeds the demands in the Application for Arbitration. 2) Analysis of the case resolution regarding Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), the Petitioner believes that Arbitration Decision No. 513/IV/ARB-BANI/2013 was taken from a ruse. However, the Petitioner did not explain in detail what form of deception was carried out by the Arbitration Panel, so this is a tendentious and far-fetched accusation. There was not a single trick carried out against the litigants. And if it is a trick, then it must be based on a court decision that has permanent legal force. This is based on the Decision of the Supreme Court of the Republic of Indonesia dated March 30 2009 No. 729K/PDT.SUS/2009.
Copyright (c) 2025 Tata Eliestiana Dyah A, Jamaludin https://creativecommons.org/licenses/by/4.0
Implementation of The Relocation Policy For Residents of Rempang & Galang Old Villages: Human Rights Protection Issues
The relocation policy for residents of the Old Villages of Rempang and Galang in the context of developing Rempang Eco City raises serious issues in legal, social, and human rights aspects. This study aims to analyze the implementation of the relocation policy based on the approaches of Ius Constitutum and Ius Operatum, as well as to provide policy recommendations through the framework of Ius Constituendum. The method applied is empirical juridical with a qualitative approach, involving interviews with affected communities and NGOs, as well as a review of relevant legal regulations. The findings show that the relocation policy has not fulfilled the principles of public participation, the right to housing, and social justice, while also neglecting the principle of Free, Prior, and Informed Consent (FPIC), which is a standard in the protection of indigenous peoples. The relocation process is considered to lack transparency, compensation is disproportionate, and it fails to ensure the social and cultural sustainability of local communities. This study emphasizes the need for a human rights–based and justice-oriented relocation policy, referring to John Rawls’ Theory of Social Justice, by ensuring the protection of customary land rights, meaningful participation, and recognition of indigenous cultural identity. The reformulation of the relocation policy should be grounded in legal principles that are humanistic, participatory, and uphold substantive justice.
Copyright (c) 2025 Rizky Ariftama Manullang, Rina Shahriyani Shahrullah , Ampuan Situmeang https://creativecommons.org/licenses/by/4.0
Legal Liability of Pharmaceutical Industry In Consumer Class Action Lawsuits: Analysis of Court Decision Number 771/Pdt.G/2022/Pn Jkt.Pst
The case of atypical progressive acute kidney injury in children caused by contaminated syrup medicines containing ethylene glycol and diethylene glycol raises legal issues concerning the liability of the pharmaceutical industry. This study analyzes the legal responsibility of pharmaceutical producers and the application of class action mechanisms in Central Jakarta District Court Decision Number 771/Pdt.G/2022/PN Jkt.Pst. The research employs a normative juridical method with statutory and case approaches, using secondary data from legislation, court decisions, and legal literature. The findings show that pharmaceutical industries are obliged to guarantee product safety and quality under Indonesian law, and their negligence gives rise to civil liability enforced through compensation. The class action mechanism proved effective in securing access to justice, procedural efficiency, and legal certainty. This study highlights the need for strict compliance with production standards and the strengthening of class action procedures to enhance consumer protection in Indonesia.
Copyright (c) 2025 Aurelya Putri Alzahrah, Dwi Desi Yayi Tarina https://creativecommons.org/licenses/by/4.0
Annulment of Marital Property Agreements Due to Vitiating Factors: A Comparative Study Between Indonesian and English Law
This article examines how annulment of marital property agreements occurs when consent is tainted by vitiating factors. The research object focuses on prenuptial agreements in Indonesia and financial settlement agreements in England. The objective of this study is to analyze the legal framework, judicial practice, and consequences of annulment caused by error, misrepresentation or fraud, or duress in both jurisdictions. Using normative legal research, this study employs statutory, conceptual, comparative, and case approaches, supported by deductive analysis of legislation, jurisprudence, and scholarly opinion. The results show that under Indonesian law, annulment is possible when an agreement is proven to be based on false or misleading information, as exemplified by Denpasar District Court Decision No. 1308/Pdt.G/2019/PN.Dps, which annulled a prenuptial agreement due to misrepresentation. Meanwhile under English law, annulment is recognized in cases of fraudulent misrepresentation, as highlighted in Sharland v Sharland [2015] UKSC 60, where intentional dishonesty invalidated a financial settlement agreement. The conclusion affirms that such agreements are voidable and although annulment safeguards fairness and genuine consent, the division of marital property must still be pursued through separate judicial proceedings as the consequences in both legal systems.
Copyright (c) 2025 Priscila Sirait, Irsyaf Marsal https://creativecommons.org/licenses/by/4.0
Reconstruction of Management Cost Allocation During the Transitional Period of Apartment Housing Based on Justice and Legal Certainty
The development of apartment housing in Indonesia represents a strategic initiative to provide decent housing amid the scarcity of urban land. However, regulations governing the transitional period before the establishment of the Association of Owners and Occupants of Apartment Units (PPPSRS) remain inconsistent, leading to legal uncertainty and injustice, particularly in the allocation of management costs. This study aims to analyse weaknesses in existing regulations, evaluate their implementation in practice, and propose a legal reconstruction that guarantees fairness and legal certainty for both developers and occupants. The research employs a normative and empirical juridical approach through the analysis of laws, court decisions, case studies, and comparative studies with practices in other countries. The findings reveal that Government Regulation No. 13 of 2021, which fails to recognize the Sale and Purchase Binding Agreement (PPJB) as valid interim ownership evidence, imposes a disproportionate financial burden on developers. The proposed legal reconstruction includes recognizing fully paid PPJB as a temporary proof of ownership, implementing proportional cost-sharing based on the Proportional Comparison Value (NPP), and strengthening government oversight during the transitional period. In conclusion, a new regulatory framework is required to establish an apartment management system that is fair, transparent, and legally certain, in accordance with the principles of a responsive rule of law.
Copyright (c) 2025 Denny Wibisono Saputro https://creativecommons.org/licenses/by/4.0
Administrative Accountability in Positive Fictitious State Administrative Decisions and the Protection of Applicants’ Rights in Environmental Licensing
Indonesia’s administrative law system continues to pursue the establishment of an effective, transparent, and accountable governance framework. One of the key issues that has emerged is the application of the Positive Fictitious Administrative Decision (KTUN Fiktif Positif) as regulated in Article 53 paragraph (1) of Law Number 30 of 2014 concerning Government Administration. In the context of environmental licensing, this concept presents new challenges, particularly regarding the accountability of administrative officials for decisions that are deemed legally valid due to inaction or negligence. This research aims to analyze the forms of accountability of administrative officials within the framework of the Positive Fictitious Administrative Decision and to examine the available legal mechanisms to protect applicants’ rights and ensure the effective execution of such decisions. This study employs a normative legal research method with statutory and conceptual approaches. The findings indicate that administrative officials remain liable both administratively and civilly for the issuance of fictitious positive decisions, even when those decisions are legally recognized. Moreover, oversight by the Ombudsman and administrative litigation through the Administrative Court serve as essential instruments to uphold accountability and legal protection for the public. Therefore, judicial reasoning reform and the consistent application of the precautionary principle are necessary to ensure that the acceleration of public services does not compromise environmental protection.
Copyright (c) 2025 Eka Dewi Kartika, Salma Laitupa, Mar’atun Fitriah, Nurul Shalihat Ansar https://creativecommons.org/licenses/by/4.0
Civil Law Implications for Children Born Through Surrogacy (Surrogate Mother)
This study analyzes the legal status of children born from surrogacy in Indonesia, a practice considered illegal yet a potential solution for infertility, creating a serious rechtsvacuüm. The research objective is a juridical analysis of this issue under Indonesian civil law using a normative juridical method. The findings indicate that surrogacy agreements are legally invalid and considered null and void (van rechtswege nietig) because they fail to meet the "lawful cause" requirement stipulated in Article 1320 in conjunction with Article 1337 of the Civil Code. This legal void creates uncertainty for the child. Based on the principle of mater semper certa est, the surrogate is legally recognized as the mother, disregarding genetic parentage. This situation infringes upon the child's fundamental rights to identity and inheritance, undermining the principle of pro bono infantis. The study concludes that there is an urgent need for definitive state regulation, either through a strict prohibition or by permitting altruistic surrogacy under rigorous judicial oversight, to provide legal certainty and paramount protection for the child
Copyright (c) 2025 Sabrina Riyadh Thalib, Irsyaf Marsal https://creativecommons.org/licenses/by/4.0
Legal Certainty of Electronic Certificates In National Land Law Reform in The Digital Transformation Era
This article explores the legal legitimacy and challenges in the implementation of electronic land certificates (e-certificates) within Indonesia’s national land administration system, while examining the concept of immutability the inability to alter data in the context of land law. It discusses the legal foundations, implementation processes, evidentiary strength, as well as technical and regulatory challenges, highlighting the potential of e-certificates as instruments that enhance legal certainty and security in the digital era of land administration. The digital transformation of Indonesia’s national land system introduces a significant innovation in the form of electronic land ownership certificates (e-certificates), aimed at improving efficiency, accountability, and legal certainty in land administration. This article critically examines the legal legitimacy, normative basis, and practical implications of implementing e-certificates within the framework of national land law, with a primary focus on the application of the principle of immutability, whereby data cannot be changed or manipulated without a legitimate audit trail. Using a normative juridical approach and empirical analysis based on primary data, this article identifies several implementation challenges including vulnerabilities in information systems, infrastructure gaps, suboptimal legal evidentiary mechanisms in court, and social resistance to the digitization of land ownership documents. The success of e-certificate implementation is highly dependent on data interoperability, resilient system design, and regulatory clarity regarding digital legal evidence. Digital transformation has become a national strategic agenda for bureaucratic modernization and improving public service quality, as outlined in Peraturan Presiden Nomor 95 Tahun 2018 on the Electronic-Based Government System (SPBE). One of the sectors undergoing accelerated digitalization is land administration, through the implementation of electronic certificates by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), Peraturan Menteri ATR/BPN Nomor 3 Tahun 2023 concerning Electronic Documents. This initiative aims to create efficient, transparent, and integrated land registration services. However, the use of e-certificates as legal evidence of land rights presents both normative and practical challenges within the national legal system particularly regarding evidentiary strength, document legality, and data integrity and authentication safeguards. The effectiveness of e-certificate implementation depends on a legal system that is adaptive to technology, supported by a digital architecture that incorporates the principle of immutability through cryptographic technology, audit trails, and potential blockchain utilization. Thus, the certificate becomes not only an administrative tool but also a new foundation for the protection of agrarian rights in the digital era. These findings are relevant for policymakers, academics, and land practitioners in designing a modern, inclusive, and legally protective national land system.
Copyright (c) 2025 Rahmat, Agung Iriantoro, Agus Surono https://creativecommons.org/licenses/by/4.0
Medical Students and the Hope of Health Justice
This research uses a qualitative library research approach to examine the disparity in healthcare access and its impact on health equity in Indonesia. The study focuses on the concepts of health access and health equity, particularly in addressing the challenges faced by marginalized communities in remote and rural areas, such as Papua, compared to more developed urban regions like Jakarta. By analyzing secondary data, including legal documents like the 1945 Constitution of Indonesia and Law No. 17 of 2023 concerning Health, along with scholarly articles and NGO reports, the research aims to highlight systemic barriers such as geographical, financial, and service quality limitations. The study emphasizes the importance of equitable access to healthcare as a critical component of achieving health equity. The findings suggest that while significant progress has been made, much remains to be done to address these disparities and ensure that all citizens, regardless of their social or geographic status, have equal opportunities to achieve optimal health. This research also explores the role of healthcare professionals, community service programs, and innovations in health technology as solutions to these challenges.
Copyright (c) 2025 Shamma Jezzaniah Tirtakusuma, Andreas Eno Tirtakusuma https://creativecommons.org/licenses/by/4.0
Withdrawal of Processed Food And Cosmetic Products Without Bpom Distribution Permits
The circulation of processed foods and cosmetics without distribution permits from the Food and Drug Supervisory Agency (BPOM) continues to increase in line with high market demand. This situation poses problems because products that have not undergone an evaluation process may contain hazardous ingredients and do not meet established safety and quality standards. This study aims to analyze the mechanism for recalling unlicensed foreign products and the legal implications of recalling unlicensed processed food and cosmetic products from abroad. Normative legal research using a legislative, case, and conceptual approach is the methodology employed. Research data was obtained through a literature study using primary, secondary, and tertiary legal materials. The study's findings demonstrate that BPOM uses pre-market and post-market oversight as part of a systematic supervisory mechanism. Product recalls are carried out in layers, starting from administrative sanctions to legal action in the event of repeated violations. The legal implications can take the form of technical guidance from BPOM and/or administrative sanctions such as warnings. In conclusion, BPOM's mechanism for recalling products without distribution permits emphasizes the importance of business actors' compliance with licensing regulations.
Copyright (c) 2025 Shelomita Putri Amelia, Dwi Desi Yayi Tarina https://creativecommons.org/licenses/by/4.0
Theory of Justice’s Principles For A Just and Equitable Global Order
This article is part of a literature research in the field of international legal philosophy, which aims to discuss the application of John Rawls' thought in the context of international law. The presentation begins by describing the meaning of justice as a moral and ethical concept according to philosophers and John Rawls' position in it. The discussion is carried out on Rawls's ‘A Theory of Justice’, followed by ‘The Law of Peoples’ and its relation to international law. The essence of this article is to discuss justice (in Rawls' perspective) as a key principle in international law to create a just global order. The author explores Rawls' views on justice, peace, and governance. Rawls' theory of justice as fairness provides a valuable lens to analyse global issues. Rawls argues that just institutions should be based on principles that promote peace, stability, and the well-being of all nations. By adhering to these principles, international law can promote a more just and equitable global order.
Copyright (c) 2025 Theofransus Litaay https://creativecommons.org/licenses/by/4.0
Legal Protection For Victims Of Sexual Violence In Legal Abortion Services
This study aims to examine legal regulations that guarantee protection for victims of sexual violence in Indonesia, including the fulfillment of women's rights to obtain legal abortion services due to pregnancy resulting from sexual violence. The background of this study is based on the limited access of victims to safe abortion services despite being regulated in legislation. This study is important to assess the gap between legal norms and practices in the field in protecting victims. The method used is normative juridical with analysis of laws and regulations and other legal norms through literature study. The results of the study show that although Law Number 12 of 2022 concerning Sexual Violence Crimes, the Health Law, and the new Criminal Code have provided a legal basis for victims to access safe abortions, their implementation is still hampered by limited facilities, social stigma, and a lack of understanding among officials and medical personnel. In conclusion, it is necessary to strengthen the implementation of regulations and increase the understanding of stakeholders. The novelty of this research lies in its comprehensive analysis of the relationship between victim protection regulations and the implementation of legal abortion in Indonesia.
Copyright (c) 2025 Saskia Salsabila Japono, Bambang Waluyo https://creativecommons.org/licenses/by/4.0
Constitutional Legitimacy, Limitations, and Strengthening of State-Owned Enterprise Monopoly Supervision in Economic Development and Protection of Healthy Business Competition in Indonesia
This study highlights the central role of State-Owned Enterprises (SOEs) in managing strategic sectors as a realization of the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. This paper questions the legitimacy, constitutional limitations, and oversight mechanisms for monopoly rights granted by the President to SOEs, as well as the challenges of policy implementation in the context of national economic governance reform. The methodology used is a normative legal approach with conceptual analysis, legislation, and comparative studies with other countries. The study was conducted on key regulations such as Law No. 5 of 1999, Law No. 1 of 2025, and KPPU documents, supported by a review of Constitutional Court decisions. The analysis was conducted using legal hermeneutics and qualitative methods to interpret the constitutional limits and effectiveness of SOE monopoly supervision. The results of the discussion found that the constitutional legitimacy of SOE monopolies is indeed sourced from Article 33 of the 1945 Constitution, but their implementation must meet the requirements of efficiency, justice, and legal certainty. It was found that granting monopolies without periodic supervision and evaluation risks causing abuse of authority, market distortion, and discriminatory practices against other business actors. The KPPU's role as an independent supervisory body has proven strategic in preventing violations and correcting monopolistic policies inconsistent with the principles of fair competition. Strengthening oversight mechanisms, transparency of audit results, public involvement, and regular independent audits are needed as a foundation for adaptive and accountable governance. Recommendations for regulatory reform, effective KPPU involvement, and public participation are proposed to balance state interests and protection of business competition. The conclusion emphasizes that monopoly by state-owned enterprises is not an end in itself, but rather an instrument for realizing public welfare if implemented with transparency, strict oversight, and high accountability in accordance with the principles of constitutional economic democracy.
Copyright (c) 2025 Budi Joyo Santoso, Adnan Hamid https://creativecommons.org/licenses/by/4.0
The Urgency of Implementing Patent Commercialization Regulations Based on the Patents Law No. 13 of 2016 in Comparison with the South Korean Invention Promotion Act No. 19495 of 2023
Patent commercialization in Indonesia currently faces challenges due to the lack of clear regulation in the existing Patent Law. Addressing this gap presents a valuable opportunity for enhancing the growth of domestic patents and increasing Indonesia’s economic value. There is an urgent need to establish regulations governing patent commercialization, especially in light of South Korea's Invention Promotion Act No. 19495 of 2023, which enhances the protection of inventors' economic rights and promotes economic growth through effective intellectual property development. This study utilizes a normative juridical approach and comparative law to evaluate existing regulatory frameworks and the potential impacts of new patent commercialization regulations on industrial development and innovation. Currently, Indonesia ranks among the countries with the lowest intellectual property indicators in the world. Therefore, it is crucial to implement specific regulations through Government Regulations and Ministerial Regulations that align with the Patent Law to govern patent commercialization. This research highlights the significance of effective law enforcement in promoting patent commercialization as a vital component of national economic development. By applying incentive theory and economic growth stimulus theory, and utilizing economic analysis of law to evaluate policies that promote certainty, equity, and socio-economic benefits for society and the country.
Copyright (c) 2025 Aprilia Danastri, Muhamad Amirulloh, Helitha Novianty Muchtar https://creativecommons.org/licenses/by/4.0
Regulation of the Waqif Heirs in the Law of Waqf in Indonesia and Malaysia
Indonesia and Malaysia, as developing countries, have similarities and differences regarding the heirs of the waqif, from their implementation, legal basis, and system, to the resolution of waqf disputes. This investigation scrutinizes the convergences and divergences within the waqf juridical frameworks of Indonesia and Malaysia, with implications that enrich the global dialogue on waqf jurisprudence. The study adopts a doctrinal, literature-oriented methodology, employing a normative juridical paradigm and relying on secondary data comprising primary, secondary, and tertiary legal sources. The analytical technique employed is comparative in nature. The outcomes of this inquiry elucidate that the legal configuration governing the heirs of a waqif in both Indonesia and Malaysia embodies distinct attributes reflective of their respective sociocultural typologies. The legislative treatment of waqif heirs in the two jurisdictions diverges; in Indonesia, their recognition is expressly articulated in Article 6, paragraphs (2) and (4) of Government Regulation No. 42 of 2006, which operationalizes the Waqf Law. The existing nazir informs the waqif or the waqif heirs, and the waqif heirs have the right to propose to the Indonesian Waqf Board (BWI) for the nazir‘s termination and replacement. In Malaysia, the waqif heirs are not specifically regulated, but there is legislation stipulating that in the waqf practice, the waqif must obtain approval from the King and the waqif heirs. The common point between these two countries lies in the framework of Islamic law, which follows the Shafi'i madhhab but is not absolute. However, in Malaysia, this only applies in certain states.
Copyright (c) 2025 Huzaimah Al-Anshori, Ramadhita, Agus Manfaluthi https://creativecommons.org/licenses/by/4.0
The Legal Status of the Sanitary Hygiene Feasibility Certificate as a Consumer Protection Instrument in Cloud Kitchen Operations
This research examines the legal status of the Sanitation Hygiene Eligibility Certificate as an instrument of consumer protection in the operation of Cloud Kitchen businesses in Indonesia. The background of this study arises from the increasing trend of online food consumption that is not yet fully supported by adequate guarantees of hygiene and food safety. The purpose of this research is to analyze the dual function of the Sanitation Hygiene Eligibility Certificate as an administrative licensing requirement and as a preventive legal instrument that ensures consumers’ rights to safe and proper food. The research method used is normative juridical with a statutory approach, focusing on the analysis of laws, government regulations, and ministerial decrees related to food safety and consumer protection. The findings indicate that the absence of a Sanitation Hygiene Eligibility Certificate or the negligence of business actors in maintaining hygiene standards may result in civil liability based on unlawful acts under Article 1365 of the Indonesian Civil Code. The conclusion emphasizes the necessity of strengthening regulations and integrating digital licensing systems to ensure that the Sanitation Hygiene Eligibility Certificate functions effectively as a legal instrument for consumer protection in the digital economy era.
Copyright (c) 2025 Amanda Feby Sabrina, Surahmad https://creativecommons.org/licenses/by/4.0
The Urgency of Reconstructing the Regulation of Medical Dispute Resolution as a Form of Legal Protection for the Dental Profession in Indonesia from the Perspective of the Philosophy of Legal Positivism in Indonesia
This research explores the urgency of reconstructing the regulations on the resolution of medical disputes as a form of legal protection for dental professionals in Indonesia, viewed through the lens of legal positivism philosophy. Medical disputes present significant challenges to dental practitioners, necessitating a robust legal framework to safeguard their professional interests. The study aims to analyze the regulatory mechanisms governing medical dispute resolution, focusing on their role in protecting the rights and legal obligations of dental professionals. Utilizing a normative juridical approach, this research examines existing laws and regulations related to medical dispute resolution in Indonesia, alongside relevant literature. By elucidating the reconstruction of these regulatory frameworks, the study discusses their effectiveness in protecting the legal interests of dental professionals. These findings are expected to provide a deeper understanding of the urgency of reconstructing the regulations on medical dispute resolution in Indonesia from the perspective of legal positivism philosophy, thereby contributing to the enhancement of legal protection for dental professionals and the improvement of professional standards in dental practice.
Copyright (c) 2025 M. Natsir Asnawi, Rika Noviantini, Imas Naeni, Fuji Utomo https://creativecommons.org/licenses/by/4.0
Asset Recovery as an Effort to Restore State Losses Resulting from Corruption Cases
Eradicating corruption solely by prosecuting and imposing imprisonment on perpetrators does not fully resolve the problem if the assets obtained from corrupt practices cannot be recovered by the state for development purposes. Therefore, the recovery of assets resulting from corruption becomes a crucial aspect of combating corruption. This study uses a normative legal research method, which emphasizes document studies or literature research. The substance of the asset recovery legal system through criminal law consists of four stages: asset tracing, asset freezing or confiscation, asset seizure, and the return and transfer of assets to the victim state. Efforts to recover state losses caused by corruption cases through asset recovery include seizing and tracing the assets of defendants or convicts, ensuring that convicts pay compensation, encouraging public support for anti-corruption initiatives, improving facilities and infrastructure for corruption eradication, and clearly regulating—based on applicable laws—the authority of KPK prosecutors and public prosecutors appointed and dismissed by the Corruption Eradication Commission.
Copyright (c) 2025 Irda Nur Khumaeroh, M. Rizal Bagaskoro https://creativecommons.org/licenses/by/4.0
The Aplication Of Restorative Justive To Fraud Cases In The Palangkaraya District Attorney’s Office
The purpose of this study is to explore the implementation and challenges of restorative justice in resolving fraud cases at the Palangkaraya District Prosecutor's Office. This research adopts an empirical legal method, involving fieldwork and interviews to gather data. The findings indicate that the application of restorative justice in fraud cases at the Palangkaraya District Prosecutor's Office reflects a shift from a repressive penal system toward a more recovery-oriented, reconciliatory, and socially responsible approach. However, its implementation remains limited to minor offenses and depends on voluntary restitution and mutual agreement. Of the 27 fraud cases recorded between 2023 and 2025, only two were resolved through restorative justice, highlighting the need for a thorough evaluation to broaden and optimize its application.
Copyright (c) 2025 Muhammad Athaillah Akbar, Indang Sulastri, Yurika Fahliany Dewi https://creativecommons.org/licenses/by/4.0
Implementation of BPOM's Authority In Issuing Distribution Permits and Supervising Skincare Products
This research examines how the Food and Drug Supervisory Agency (BPOM) carries out its authority to give distribution permits and supervise the sale of skincare products in Indonesia. This study applies a juridical-normative approach, applying relevant laws and secondary data from official BPOM documents and reports. The research results indicate that the skincare distribution permits are explicitly regulated in Law (Undang-Undang) No. 36 of 2009 concerning Health, and Law (Undang-Undang) No. 8 of 1999 concerning Consumer Protection, and BPOM Regulation No. 12 of 2020 concerning Procedures for Submitting Cosmetic Notifications. The process of obtaining approval of a product involves submitting a product notification, undergoing BPOM evaluation, obtaining a notification number, and fulfilling the post-approval requirements. From an administrative law perspective, the procedure shows the principles of good governance, whereas from a commercial law perspective, a distribution permit serves as a legal requirement for selling products. In practice this process still encounters many significant challenges, often leading to the widespread use of illegal products without permits. The discovery of harmful skincare and cosmetics valued at billions of rupiah and the difficulty of monitoring online sales across platforms illustrate major regulatory problems. Therefore, providing effective legal protection for consumers in Indonesia. Therefore, stronger supervision and cooperation between sectors are needed to give better legal protection for consumers in Indonesia.
Copyright (c) 2025 Anastasia Cordelia, Celine Loren, Sabina Abigail Matulandi https://creativecommons.org/licenses/by/4.0
The Liability of Cosmetics Business Operators For The Impact of Hazardous Product: Pinkflash Cosmetics Brand on Consumers
Consumer protection in the cosmetics industry is a very important aspect in realizing justice, safety, and legal certainty, especially when dangerous products can threaten public health. This article aims to analyze the legal responsibilities of cosmetics businesses and the legal protection provided to consumers in the case of Pinkflash products containing dangerous ingredients such as mercury and hydroquinone. The research method used is normative legal research with a legislative, conceptual, and case approach. The results show that cosmetic businesses bear civil, criminal, and administrative legal responsibility, including the obligation to compensate consumers, criminal sanctions in the form of imprisonment and fines, and administrative sanctions in the form of product recalls and revocation of distribution permits by the Indonesian Food and Drug Administration (BPOM). Legal protection for consumers is carried out preventively through product supervision and distribution permits, as well as repressively through the application of the principle of strict liability, legal sanctions, and dispute resolution through the Consumer Dispute Settlement Agency (BPSK). Although the legal framework in Indonesia is comprehensive, its implementation is still weak due to a lack of post-distribution supervision and low consumer awareness. Therefore, improved coordination between institutions and public education are needed to achieve effective consumer protection.
Copyright (c) 2025 Mayla Putri Farbadi, Suherman https://creativecommons.org/licenses/by/4.0
Registration of Priority Rights to Building Use Rights Certificates (HGB) Registered In The Name of a Bankrupt Legal Entity
The purpose of this study is to examine the legal certainty of Priority Rights holders as outlined in Government Regulation No. 18 of 2021 concerning the Registration of Rights for holders of Building Use Rights (HGB) if the rights holder has been declared bankrupt. It also examines the responsibility of the National Land Agency (BPN) in issuing certificates in the legal protection of third parties who have signed a Deed of Sale and Purchase (AJB) and Sale and Purchase Agreements (PPJB) made before a notary or privately as a form of legal protection and legal certainty for the community before the company is declared bankrupt, while the HGB on the land has not been registered/separated from the certificate. This study uses a normative legal method with three main approaches, namely: a legislative approach, which examines various related regulations such as the 1945 Constitution, the 1960 Basic Agrarian Law (UUPA), Law No. 20 of 1961, and Government Regulation No. 24 of 1997 in conjunction with Government Regulation No. 18 of 2021 to understand the legal and ontological basis of the issue being studied, a historical approach, and a philosophical approach. The analysis was conducted by combining inductive and deductive methods. The results of the study show that the National Land Agency (BPN) continues to provide legal certainty for holders of Priority Rights to Land Use Rights (HGB), including in bankruptcy cases, by taking into account the protection of third parties who have signed a Deed of Sale and Purchase Agreement (AJB) or a Letter of Intent to Purchase (PPJB) in accordance with the provisions of Government Regulation No. 18/2021.
Copyright (c) 2025 Salmon Sihite, Gunawan Widjaja https://creativecommons.org/licenses/by/4.0
State Responsibility Towards The Rights of Customary Communities on Rempang Island from The Perspective of State Administrative Law (HTN)
Rempang Island, as part of the administrative territory of Indonesia, is not exempt from constitutional dynamics. In the event of a case occurring on the island involving an abuse of authority, deviation from the principle of autonomy, or misalignment with constitutional implementation, constitutional law provides a framework to understand, analyze, and resolve such issues. This study aims to analyze whether the state has acted in accordance with the principles of good governance and constitutional justice in the case of Rempang Island, and to determine whether the state has involved indigenous communities in decision-making processes that directly affect their fate. The findings indicate that the development process of the Rempang Eco City project and the handling of the accompanying conflict have not fully complied with the principles of good governance and constitutional justice, particularly in relation to the rights of indigenous peoples, transparency, participation, and fairness. The conflict in Rempang Island stems from arbitrary government actions. The lack of transparency between the government and the community has led to misunderstandings between the two parties involved.
Copyright (c) 2025 Chanrih Hutabarat, Emi Hajar Abra, Alwan Hadiyanto https://creativecommons.org/licenses/by/4.0
Interception at a Crossroads: Juridical and Strategic Perspectives on Wiretapping in Indonesia’s Counter-Terrorism Framework in the Digital Era
This research investigates the critical crossroads in Indonesia's counter-terrorism strategy, where success in suppressing terrorist attacks coincides with the expansion of a dual surveillance apparatus in the digital era. Employing a qualitative approach with juridical normative analysis and the Actor-Network Theory (ANT) framework, this study examines the strategic and legal dimensions of wiretapping. Findings indicate that the formal legal framework, particularly Law No. 5 of 2018, provides a basis for effective proactive interception but contains ambiguities that grant broad discretionary power. Crucially, the research uncovers a parallel, unregulated surveillance regime involving invasive spyware procurement and extra legal agreements that bypass judicial oversight, thereby threatening civil liberties. The study concludes that this duality creates a security paradox, where tactical success masks systemic risks to the rule of law. Comprehensive legislative reform is imperative to establish a singular, proportional, transparent, and accountable framework.
Copyright (c) 2025 Ade Artya, Sapto Priyanto, Imam Subandi https://creativecommons.org/licenses/by/4.0
Legal Force Of The Preliminary Sales Agreement (PPJB) As Evidence For The Seller Againts The Buyer Who Is In Breach Of Contract (Case Study: Decision Of The Surabaya District Court No.862/Pdt.G/2021/Pn Sby.
This study discusses the legal force of the Sale and Purchase Agreement (PPJB) as evidence for sellers against buyers who commit breach of contract, based on a study of Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. This study is based on the prevalence of breach of contract cases in land sale and purchase agreements, which cause legal uncertainty for the parties involved. The main issue in this study is the legal force of a Sale and Purchase Agreement as evidence in Indonesian civil disputes. The purpose of this study is to understand the legal force of a Sale and Purchase Agreement (PPJB) as evidence in civil disputes and to analyze the judge's considerations in Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. The research method used is normative juridical with a statute approach and case approach through literature study. The results show that the PPJB has legal force as authentic evidence and that its cancellation must be carried out through a court decision. The judge's considerations in this case are deemed inappropriate because they state that there is a defect of will, whereas both parties agreed on their own will.
Copyright (c) 2025 Resfa Klarita Trasaenda, Atik Winanti https://creativecommons.org/licenses/by/4.0
The Role of Intelligence In Navigating Indonesia’s B40 Biodiesel Policy
Indonesia’s 40% biodiesel (B40) mandatory policy, which came into effect in early 2025, represents a strategic initiative to enhance energy security and reduce carbon emissions. However, behind its official objectives, the policy entails significant fiscal, environmental, and social risks that threaten its long-term sustainability. While most analyses have focused on its economic or environmental dimensions, the role of state intelligence in navigating these multidimensional risks remains an underexplored area. This article argues that the success and sustainability of the B40 policy depend not only on technical feasibility or political commitment, but also on the effective application of strategic intelligence functions to provide foresight, mitigate threats, and deliver objective assessments to policymakers, free from partisan and corporate influence. This study adopts a conceptual framework that integrates the intelligence cycle with energy security theory, this article analyses how early detection, early warning, and problem-solving functions can be applied to manage systemic risks such as subsidy traps, feedstock supply deficits, and social tensions. The analysis finds that intelligence plays a crucial role in transforming energy risk management from reactive to proactive. Accordingly, the formal integration of intelligence into the energy policy cycle is a prerequisite to ensure that strategic initiatives such as B40 contribute substantively to sustainable energy, rather than merely serving as economic buffers for entrenched industrial interests.
Copyright (c) 2025 Bergius Gideon Simanjuntak, Diah Ayu Permatasari, Rika Wijiyanti, Hediati Erry S, Budi Prasetyono https://creativecommons.org/licenses/by/4.0
Legal Certainty Regarding the Rights of Secured Creditors to Execute Collateral in Bankruptcy Proceedings in Indonesia
Separate Creditors as Holders of Security Rights possess a preferential claim over the secured collateral. However, under bankruptcy law, their rights to execute and auction the collateral are subject to statutory limitations. In practice, Supreme Court Decision No. 521 K/Pdt.Sus-Pailit/2021 and Supreme Court Decision No. 527 K/Pdt.Sus-Pailit/2020 have provided divergent interpretations regarding the execution rights of Separate Creditors over their collateral once the debtor has been declared bankrupt. The core issues examined in this research are: (1) How legal certainty is afforded to the execution rights of Separate Creditors pursuant to Supreme Court Decisions No. 521 K/Pdt.Sus-Pailit/2021 and No. 527 K/Pdt.Sus-Pailit/2020; and (2) What legal consequences arise for Separate Creditors who fail to execute their collateral under Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU). This study employs normative legal research using a statutory approach and case-based analysis, focusing on judicial interpretations of bankruptcy decisions affecting the execution rights of Separate Creditors. The research relies on secondary data obtained through literature review and applies qualitative analytical methods. Separate Creditors are granted a two-month period following insolvency to initiate execution proceedings by filing a public auction request with the KPKNL, which is calculated from the commencement of the execution process not from the completion of the auction. Furthermore, the rights of Separate Creditors are not absolute, as they are constrained by a statutory stay period of 90 (ninety) days from the date the debtor is declared bankrupt. During this stay period, the Curator is entitled to demand that the collateral held by Separate Creditors be transferred to the Curator for sale either through public auction or private sale, under the supervision of the Supervisory Judge. It is therefore necessary to revise Law No. 37 of 2004 to clarify the scope of authority held by Separate Creditors in executing collateral, and to establish a digital oversight mechanism for curatorial functions to ensure transparency and accountability when collateral is handed over to the Curator for auction.
Copyright (c) 2025 Ayu Puspita Sari, Ariawan Gunadi https://creativecommons.org/licenses/by/4.0
The Limitations of International Humanitarian Law (IHL) in Protecting Civilians in the Saudi Arabia–Yemen Cross-Border Conflict
The cross-border armed conflict between Saudi Arabia and Yemen since 2015 has triggered the worst humanitarian crisis of this century, with hundreds of thousands of civilians being killed. International Humanitarian Law (IHL) normatively guarantees civilian protection through the principles of distinction, proportionality, military necessity, and humanity. However, the reality shows systematic violations in the form of airstrikes on civilian facilities, blockades resulting in mass starvation, and the indiscriminate use of weapons. This research uses a normative-critical method with a study of primary documents (the 1949 Geneva Conventions, Additional Protocols I & II, UN reports, the ICRC, Amnesty International, and Human Rights Watch) and a case study of the Saudi-Yemeni conflict. The analysis shows that the limitations of IHL are primarily due to the absence of effective enforcement mechanisms, the politicization of the UN Security Council, the asymmetry between state and non-state actors, and the ambiguity of the classification of international and non-international conflicts. In conclusion, although IHL norms are legally strong, their implementation remains weak due to subordination to political and military interests. Therefore, strengthening enforcement mechanisms, reforming international governance, and adapting norms to hybrid conflicts are necessary to strengthen civilian protection in modern armed conflicts.
Critical Analysis of the Judge's Considerations in the Mesuji Religious Court Decision No. 7/Pdt.P/2023/PA.Msj
This research is a critical study of the process and decision of the Mesuji Religious Court regarding the application for the determination of guardianship rights for a minor child named Abid Fariyanto bin Abdul Gani. The application was filed by Kabul Wakidi bin Rasiman and Sumarni binti Sutariyo on March 21, 2023. The panel of judges granted the application, appointed both applicants as responsible guardians, and imposed court costs of Rp 520,000. The judge's considerations were based on the facts of the child’s parents’ divorce, the absence of the father whose whereabouts are unknown since 2013, and the death of the biological mother in January 2023. The certificate of unknown whereabouts issued by the Village Head does not have the same force as a court order regarding supernatural status. Revocation of guardianship rights is a serious decision that must be made by a court decision, considering various factors in the best interests of the child, such as neglect, abuse of authority, and other dangerous conditions.
Copyright (c) 2025 Daffa Ul-Haq Dinisa, Relit Nur Edi, Muhammad Haidir Syah Putra https://creativecommons.org/licenses/by/4.0
Legal Liability of Fintech Operators for Personal Data Misuse in the Context of Unlawful Acts: Analysis of the Case of NS Versus AdaKami
The rapid development of financial technology (fintech) in Indonesia creates opportunities for financial inclusion while simultaneously raising concerns regarding consumer data protection. One prominent case is the dispute between NS and AdaKami, which demonstrates alleged misuse of personal data by debt collectors in debt collection practices. This research aims to analyze the fulfillment of the elements of tort (perbuatan melawan hukum/PMH) as stipulated in Article 1365 of the Indonesian Civil Code and to assess the scope of legal liability borne by fintech providers as data controllers. The study employs a normative juridical method with statutory and conceptual approaches, supported by a case study analysis. The findings indicate that all elements of PMH are fulfilled, including the existence of unlawful acts contrary to the Personal Data Protection Law (PDP Law), the Information and Electronic Transactions Law (ITE Law), and prevailing moral standards; the presence of fault in the form of intentional misconduct (dolus) by debt collectors and negligence (culpa in custodiendo) by AdaKami in supervising third parties; the occurrence of material and immaterial losses; and a causal relationship between the act and the harm suffered by the consumer. These findings affirm that fintech providers are not only contractually liable but also delictually liable through the application of strict liability in safeguarding personal data. Nevertheless, although the legal framework is already established through the Civil Code and the PDP Law, its implementation remains ineffective due to weak regulatory oversight and the heavy burden of proof imposed on consumers. Accordingly, this research underscores the necessity of strengthening consumer protection in fintech through strict liability enforcement, enhanced supervisory mechanisms, and the establishment of accessible and consumer-oriented dispute resolution systems
Copyright (c) 2025 Jesslyn Janet Cen, Pietro Grassio Eko Yulio, Theresia Aurellia Gunawan, Telly Gunawan https://creativecommons.org/licenses/by/4.0
Protection Of Domestic Workers In A Comparison Of The Laws Of Indonesia And The Philippines
Domestic Workers (DWs) are a group that is vulnerable to rights violations and exploitation. ILO Convention No. 189 regulates protection standards for DWs, but its implementation is limited because not all countries have adopted these provisions. In Indonesia, the absence of clear regulations has led to a legal vacuum and weak protection of the rights of DWs. In contrast, the Philippines has specific regulations through the Kasambahay Law, which provides more comprehensive protection. The purpose of this study is to review the forms of legal protection for DWs in Indonesia and the Philippines and to examine the impact of the legal vacuum in Indonesia. The method used is normative juridical with a conceptual and comparative approach. The results of this study show that Indonesia still lags far behind the Philippines in providing protection for DWs. This condition reflects the need for concrete efforts by the Indonesian government to reform the existing system by adopting the best practices implemented in the Philippines to strengthen the national legal framework, reduce violations, and improve the welfare of DWs.
Copyright (c) 2025 Laras Medina Pranitiaz, Citraresmi Widoretno Putri https://creativecommons.org/licenses/by/4.0
The Efectiveness of Arbitration Mechanisms in The Resolution Of Construction Disputes In Indonesia: A Critical Analysis of Law No. 30 of 1999 on Arbitration And Alternative Dispute Resolution
Disputes in construction projects often arise from divergent interpretations of contracts, delays in execution, and the complex dynamics of scope changes. Within this context, arbitration has long been regarded as an alternative dispute resolution mechanism that promises efficiency, fairness, and confidentiality outside the court system. However, more than two decades after the enactment of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, its effectiveness in the construction sector remains subject to debate and scrutiny. This study critically examines the effectiveness of arbitration in resolving construction disputes under the legal framework established by Law No. 30 of 1999. Using a normative juridical approach, it reviews statutory regulations, legal doctrines, and field practices, complemented by interviews with legal practitioners and construction arbitrators. The findings reveal that while arbitration offers advantages in terms of confidentiality, procedural flexibility, and finality of decisions, its practical effectiveness is often constrained by high procedural costs, limited contractual understanding among parties, and challenges in enforcing arbitral awards through the courts. Furthermore, the substance of Law No. 30 of 1999 appears insufficiently adaptive to the technical and multidimensional nature of modern construction disputes. This research therefore recommends revising and modernizing the law particularly by strengthening the enforceability of arbitral awards, standardizing arbitration institutions, and enhancing the competence of human resources in construction law. Ultimately, arbitration should evolve as a mechanism not only for efficient dispute resolution but also for upholding justice, legal certainty, and professional integrity in Indonesia’s construction sector.
Copyright (c) 2025 Alfredo Pakpahan, Hidbar Roberta Saragih, Bayu Wisatrioda, Kharisman Laia, Sarwono Hardjomuljadi, Sami’an https://creativecommons.org/licenses/by/4.0
The Convergence of Intellectual Property Protection for Local Bags : A Study on Design Similarities with Well Known-Brands Through the Regimes of Trademark, Industrial Design, and Geographical Indication
The local bag industry faces significant challenges in protecting Intellectual Property Rights (IPR) due to design similarities with well-known brands, which are closely related to the sustainability of the national economy. This study aims to analyze the convergence of trademark, industrial design, and geographical indication protections within the local bag industry and to identify solutions to address design-similarity issues. This research employs a normative juridical method, complemented by a literature review and in-depth interviews with experts from the Directorate General of Intellectual Property, drawing on statutory, conceptual, and sociological approaches. The findings indicate that the convergence of IPR protection across these three regimes provides complementary safeguards that strengthen the legal position of local bag products and enhance their competitiveness in the global market. However, its effectiveness remains constrained by low awareness of IPR registration, high registration costs, and weak law enforcement. Through this layered protection framework, local bag entrepreneurs can gain stronger protection, promote innovation, and reinforce the economic and cultural values unique to Indonesia, thereby contributing to the development of the national creative economy.
Copyright (c) 2025 Regita Fakhira, Rianda Dirkareshza https://creativecommons.org/licenses/by/4.0
Analysis of the Elements of Unlawful Acts in Decision Number 34/Pdt.G/2018/PN Bli and the Position of L&B Tax as Evidence
In Indonesia, the concept functions to protect the rights of individuals and groups who are harmed by the actions of others. Based on Article 1365 of the Indonesian Civil Code, any unlawful act that causes harm to another party gives rise to the obligation of the perpetrator to compensate for the damage caused. This study examines the application of tort elements in Decision Number 34/Pdt.G/2018/PN Bli, which involved an inheritance land dispute between the plaintiffs and the defendants, with the Head of the Bangli Land Office also joined as a co-defendant. The plaintiffs argued that the disputed land constituted a legitimate inheritance, but they were only able to support their claim through the Land and Building Tax Assessment Notice. Conversely, the defendants succeeded in proving ownership by presenting a Land Ownership Certificate that was procedurally issued by the National Land Agency. In its ruling, the panel of judges rejected the plaintiffs’ main claim and granted the defendants’ counterclaim, declaring that the plaintiffs had committed an unlawful act by occupying the land without a valid legal basis. This judgment emphasizes that the Land and Building Tax Assessment Notice does not have legal force as proof of land ownership, serving merely as an administrative taxation document, whereas the Land Ownership Certificate constitutes valid and strong evidence of ownership in accordance with Article 32 paragraph 1 of Government Regulation No. 24 of 1997 concerning Land Registration. This study highlights the importance of distinguishing between administrative evidence and juridical evidence in land disputes.
Copyright (c) 2025 Aurelia Gisa Maharani, Fisa Ande Pongsirinding, Rafirstka Madyah Putri https://creativecommons.org/licenses/by/4.0
Mapping Collaborative Governance In Indonesia Climate Village Program: A Bibliometric Analysis (2022-2025)
Although collaborative governance has been increasingly embraced as a fundamental approach for addressing complex environmental challenges, its application within nationwide climate adaptation programs has not been widely investigated. This paper focuses on how collaborative governance is portrayed and developed in studies concerning Indonesia’s Climate Village Program (ProKlim) during the 2022–2025 period. Bibliographic information was gathered using Publish or Perish (PoP) from Google Scholar, and analyzed through VOSviewer 1.6.20 to uncover publication patterns, topic clusters, and conceptual relationships. Out of 988 records identified, 402 were selected based on inclusion criteria for detailed analysis. The thematic visualization revealed three major themes: (1) local-level climate adaptation, (2) collaboration among stakeholders and governance, and (3) institutional and policy-related frameworks. Together, these clusters indicated that collaborative governance operates as a conceptual bridge, linking grassroots adaptation actions to national-level climate strategies. However, limited references to concepts such as multi-level governance, institutional capacity, and evaluation highlighted that theoretical integration and performance-based evaluation remain underdeveloped. The results aligned with the frameworks of Ansell and Gash (2008) and Emerson et al. (2012), while underlining the significance of inclusive involvement, supportive leadership, and flexible institutional structures. Up to now, research on ProKlim in Indonesia has mostly been descriptive and focused on individual case studies. Therefore, future research is encouraged to adopt more comparative and quantitative approaches to better assess how collaborative governance influences tangible improvements in local climate resilience. This bibliometric review contributes to both theory and practice by outlining the intellectual landscape of ProKlim-related studies and offering insights into how a more structured, evidence-driven, and participatory model of climate governance can be promoted.
Copyright (c) 2025 Wahyu Adi Pamungkas, Yuwanto https://creativecommons.org/licenses/by/4.0
Protection of Customary Communities in Compensation for Losses on Common Land Objects for Public Interest (Study of Sorong District Court Decision Number: 120/Pdt.G/2018/PN.Son)
Customary law communities have a strong connection to natural resources and customary land as their main source of livelihood. This study was conducted to determine the protection of customary law communities on customary land for the public interest, as well as the judge's considerations in Decision No. 120/Pdt.G/2018/PN.Son regarding compensation for customary land. The researcher applied a normative juridical method through a Statute Approach and a Case Approach in analyzing the topic or issue. The results of the study show that protection is provided in the form of preventive and repressive actions by the government. Preventive efforts are carried out by forming Law No. 12 of 2012 and its derivative regulations to prevent disputes and guarantee the rights of customary law communities in land acquisition. Repressive efforts are pursued through the settlement of disputes in court by filing lawsuits in accordance with the provisions of the law. In Decision No. 120/Pdt.G/2018/PN.Son, the judge can use three stages, namely constatation, qualification, and constitution, to reach a good decision based on the principle of justice. Compensation in this decision was awarded as recognition and respect for the Marga Momo Indigenous Community. This writing is expected to demonstrate the importance of balancing development for the public interest and the protection of the rights of indigenous peoples with laws that favor justice.
Copyright (c) 2025 Nasywa Awalia Putri, Atik Winanti https://creativecommons.org/licenses/by/4.0
The Challenges of Direct Licensing Implementation in Indonesia’s Music Royalty System: Assessing Copyright Law from the Perspective of Creators
This study aims to analyze the challenges in implementing direct licensing within Indonesia’s music royalty management system and to assess its conformity with Law Number 28 of 2014 on Copyright and its implementing regulations. The main issue discussed is the absence of a clear legal framework governing direct licensing mechanisms, which leads to an imbalance between the economic rights of creators and the authority of the National Collective Management Organization (LMKN). This research employs a normative juridical approach with a qualitative descriptive analysis method, using literature studies of relevant legislation, legal doctrines, and actual cases such as the royalty disputes involving Agnez Mo and Ari Bias. The findings indicate that direct licensing has the potential to enhance legal certainty, transparency, and efficiency for creators, yet its implementation remains hindered by overlapping regulations and weak institutional infrastructure. Therefore, legal reform through the revision of the Copyright Law and its derivative regulations is necessary to explicitly recognize direct licensing as a legitimate mechanism in royalty management. Furthermore, strengthening the role of the Directorate General of Intellectual Property (DJKI) and transforming LMKN into an accountable facilitating body are essential steps toward establishing a fair and transparent royalty system that effectively protects the rights of music creators in Indonesia.
Copyright (c) 2025 Rivo Denra Maulana, Rianda Dirkareshza https://creativecommons.org/licenses/by/4.0
Legal Certainty of Private Land Ownership Against the Control of Land by the Indonesian National Armed Forces
The Indonesian Army’s control of the private land presents serious challenges to legal certainty in Indonesia and the protection of civilians’ rights. Disputes may arise from the Army’s physical control to the land because there is no a clear legal basis and it impacts citizens’ property rights and their economic access. This study adopts a normative juridical approach through the analysis of legal documents, laws and regulations in Indonesia, and other related academic legal literature. The inquiries shows that any control to the land without a clear legal procedure constitutes a legal uncertainty, disadvantages the land owners, and it contradicts to the rule of law and social justice. Moreover, The study also emphasizes the need for a dispute resolution mechanism through administrative and civil frameworks, alongside with the harmonization of its legal implementation, to ensure constitutional rights and mitigate future land-related conflicts between civilians and the military.
Copyright (c) 2025 Gema Mutiara Insani, Muhammad Helmi Fahrozi https://creativecommons.org/licenses/by/4.0
Indonesian Legal Efforts to Prevent Statelessness in Children Resulting from Unregistered Mixed Marriages
Indonesia's legal efforts to prevent statelessness in children born to unregistered mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) are an important concern because the unclear status of the marriage causes children to lose the administrative basis for obtaining citizenship. The research method used is normative juridical with a legislative and case approach, one of which is the case of Efa Maulidiyah in Malaysia. The results of the study show that children of Indonesian mothers still have civil relations based on Article 43 paragraph (1) of Law Number 1 of 1974 and Constitutional Court Decision Number 46/PUU-VIII/2010, so they are entitled to Indonesian citizenship based on the principle of ius sanguinis in accordance with Article 4 letter (d) of Law Number 12 of 2006. To overcome administrative obstacles, the Indonesian government implemented Permenkumham Number 6 of 2025 as a mechanism for confirming the citizenship status of children born to mixed marriages and strengthening legal protection for Indonesian children abroad.
Copyright (c) 2025 Indira Yekti Widya Pramesti, Muhmmad Helmi Fahrozi https://creativecommons.org/licenses/by/4.0
The Status of Land Ownership Due To Marriage Between Indonesian Citizens And Foreign Citizens Is Reviewed According To Agrarian Law In Indonesia
Marriage that occurs between Indonesian citizens and foreigners has consequences for joint property, especially for land ownership which is joint property in marriage. For marriages that are carried out without making an agreement on the separation of property, the land becomes the joint ownership of the husband and wife. This means that both of them who are bound by marriage become the owners of the land. According to the provisions of agrarian law, foreigners are not allowed to own land in Indonesia, so the presence of foreigners who participate as land owners causes problems with the ownership of land. Consequently in this case, it is necessary to conduct research on the status of land ownership due to marriage carried out by Indonesian citizens and foreigners reviewed according to agrarian law in Indonesia. The type of research used is normative juridically, namely analyzing laws to answer problems in research. As for the results of the research on the status of land ownership due to the marriage of Indonesian citizens and foreigners without a separation agreement on marital property, both must transfer or release the rights to the land for a maximum of 1 year because the land ownership requirements are no longer in accordance with the provisions of the law
Copyright (c) 2025 Yanti Agustina, Suhaila zulkifli, Immanuel Simanjuntak https://creativecommons.org/licenses/by/4.0
The Reconstruction of Free Judgments in Corruption Crimes and Its Implications for Enforcement Laws in Indonesia
Acquittals in corruption cases often generate controversy and undermine public trust, necessitating their reconstruction to strengthen justice and law enforcement in Indonesia and mitigate errors in the application of law (error in recht) in acquittal decisions. The problem at hand is how to reconstruct acquittals in corruption cases under the Corruption Eradication Law and the implications of acquittals for law enforcement in Indonesia. The research method used is normative juridical legal research. The results indicate that the reconstruction of acquittals in corruption cases is necessary to affirm justice and legal certainty. This effort requires limiting judicial interpretation, strengthening evidence, and tightening oversight to maintain judicial integrity and increase public trust. The reconstruction of acquittals strengthens accountability, transparency, and consistency in the judiciary, while ensuring substantive justice. This reform also increases public trust and strengthens commitment to corruption eradication and the rule of law.
Copyright (c) 2025 Adam Sofyan Ashal, Amad Sudiro https://creativecommons.org/licenses/by/4.0
Legal Analysis of Protection Against Breach of Employment Contract
This study aims to analyze the forms of default (breach of contract) committed by the government as the employer in the implementation of the Work Order (SPK) and to examine the legal remedies available for contractors to obtain legal protection. This research employs a normative juridical method using statute, case, and conceptual approaches. The legal materials used include primary, secondary, and tertiary sources, analyzed qualitatively through a descriptive-analytical technique. The results indicate that government default commonly occurs in the form of delayed payments, unilateral changes to the scope of work, and contract termination without legal justification. These actions cause losses to contractors due to their weak bargaining position in legal relations with the government. Legal protection for contractors can be pursued through warnings (somasi), civil lawsuits based on Articles 1243–1252 of the Indonesian Civil Code, and non-litigation dispute resolution mechanisms such as mediation or arbitration as regulated under Law Number 2 of 2017 on Construction Services and Presidential Regulation Number 16 of 2018 on Government Procurement of Goods/Services. This study emphasizes the need to strengthen regulations and improve dispute resolution mechanisms to ensure legal certainty and fairness for contractors in the implementation of work orders.
Copyright (c) 2025 Muhammad Rozi Asri, Irsyaf Marsal https://creativecommons.org/licenses/by/4.0
The The Implementation of Samapta Patrol as a Preventive Strategy in Addressing Theft Crimes in the Palembang City Police Area
The Samapta Patrol is a policing activity focused on preventive actions to reduce crime rates and ensure public security and order (Harkamtibmas). This study aims to analyze the implementation of the Samapta Patrol as a preventive strategy in addressing theft crimes within the jurisdiction of the Palembang City Police (Polrestabes Palembang). The research employs a socio-juridical method with a qualitative approach. The data sources consist of primary data obtained from interviews with Samapta Police officers and limited field observations; secondary data including laws and regulations, official police reports, and academic literature; and tertiary data comprising online articles, crime news, and statistical reports. The findings reveal that the Samapta Patrol plays a crucial role in reducing theft cases through routine patrols, dialogic patrols, and cooperation with local communities. However, its implementation still faces challenges such as limited human resources, insufficient facilities, and low community participation. In conclusion, the effectiveness of the Samapta Patrol can be enhanced through data-driven patrol planning, personnel capacity development, adequate budget allocation, and active collaboration with the community to achieve sustainable public security and order in Palembang City.
Copyright (c) 2025 Ikhlasul Amal Bhayangkara, Bambang Suheriyadi, Prawitra Thalib https://creativecommons.org/licenses/by/4.0
The Legal Implications of Music Royalty Dispute Resolution through Mediation: A Case Study of Mie Gacoan-LMK SELMI
Copyright over songs and/or music constitutes an exclusive right inherent to the author and related rights holders, particularly economic rights in the form of royalty payments for every commercial use. Such provisions are explicitly regulated under Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021 on the Management of Copyright Royalties for Songs and/or Music. This research aims to analyze the legal implications of resolving royalty disputes between the National Collective Management Organization (LMKN) and PT Mitra Bali Sukses, the owner of the Mie Gacoan trademark, through mediation. Employing a normative juridical method with statutory and case approaches, the findings indicate that mediation produced an agreement stipulating royalty payments of approximately IDR 2.2 billion and a license valid until the end of 2025. The legal implications include the creation of a new legally binding obligation (settlement agreement), the elimination of potential lawsuits as long as the parties comply with the agreement, and the assurance of fulfilling authors’ economic rights through royalty distribution by LMKN. Nonetheless, issues remain in the form of weak public dissemination, negative public perceptions, and potential overlaps of authority between LMK and LMKN. Accordingly, mediation can be considered an effective mechanism for resolving copyright disputes, yet it still requires oversight, transparency, and institutional harmonization to realize legal certainty and optimal protection for authors.
Copyright (c) 2025 Nadyne Althea Alandia Towoliu, Momoko Mori, Gumilang Chandra Shasmita Haningati, Resita Rachmadani https://creativecommons.org/licenses/by/4.0
Legal Regulatory Readiness in Accommodating Non-Fungible Token as Objects of Fiduciary Collateral
This research aims to analyze the readiness of Indonesia’s legal framework to accommodate Non-Fungible Tokens (NFTs) as fiduciary collateral objects and to identify the potential obstacles in their execution process. NFTs are digital assets based on blockchain technology that possess unique characteristics and economic value, theoretically fulfilling the criteria of intangible objects under Law Number 42 of 1999 concerning Fiduciary Collateral. However, the current legal instruments in Indonesia have not yet explicitly recognized NFTs as eligible fiduciary objects. This study employs a normative juridical method with both statutory and case approaches, supported by secondary data derived from an interview with the Direktorat Jenderal Administrasi Hukum Umum (Ditjen AHU) to enrich the legal analysis. The findings indicate that Indonesia’s regulatory readiness regarding NFTs as fiduciary collateral remains conceptual rather than operational. The absence of a registration mechanism and valuation system for digital assets creates significant legal uncertainty for both creditors and debtors. Furthermore, the execution of NFTs presents additional challenges, including the dependence on private keys, the incompatibility of automatic smart contract transfers with the due process of law principle, and the speculative volatility of NFT market values. Therefore, the study suggests the need for new legal norms and an authorized digital asset valuation institution to ensure that NFTs can be effectively and lawfully integrated into Indonesia’s fiduciary security system. Non-Fungible Token, Fiduciary Collateral, Collateral Execution, Intangible Assets
Copyright (c) 2025 Adinda Aristias, Taupiqqurrahman https://creativecommons.org/licenses/by/4.0
Legal And Ethical Debate Concerning Escorts On Public Roads: A Comparative Case Study
Abstract. This research aims to comprehensively analyze the conflict between the implementation of Article 134 of Law No. 22 of 2009 (UU LLAJ) regarding priority rights and the fundamental principle of equality among road users. This conflict is triggered by the phenomenon of official escorts that consistently spark public controversy and ethical debate, often exacerbated by viral displays of arrogance. Using a normative-comparative approach, the study dissects how the loose interpretation of priority rights creates discretionary loopholes that are prone to abuse, consequently eroding public trust in law enforcement. The discussion is further strengthened by a comparative study of escort practices applying a Risk-Based Approach in other countries, and the case study of De Facto Diplomatic Priority (Ambassadors). This comparison is crucial to clearly distinguish between functional priority (based on real urgency) and status/ceremonial priority. The conclusion affirms the urgent need to review and reform the UU LLAJ and its technical regulations by adopting Objective Risk-Based Criteria to shift the escort paradigm from status-based to functional-urgency based, thereby restoring the public's sense of justice and trust.
Copyright (c) 2025 Muhammad Vino Sebastian, Ali Faza Akmala, Muhammad Farrel Arrizky Torin https://creativecommons.org/licenses/by/4.0
The Dynasty Politics of The Queen Atut Family and its Influence on Political Ethics In Regional Head Elections In Banten
This study aims to analyze the influence of the dynasty politics of Ratu Atut's family on political ethics in regional head elections in Banten Province. The growing dynasty politics in this region have strengthened the dominance of family power in various sectors, limited public participation, and hampered the regeneration of healthy leadership. The research method used is a qualitative literature study approach, where data were collected through participant observation and analysis of historical and contemporary documents. The results show that dynasty politics in Banten worsens political ethics by ignoring the principles of justice, equality, and transparency in regional head elections. The practices of nepotism and collusion that occur reduce the effectiveness of democracy and worsen the quality of governance. This study suggests the need for regulations that limit the practice of political dynasties so that regional head elections can be carried out based on the competence and integrity of prospective leaders, rather than on family relationships.
Copyright (c) 2025 NabilaSyamsa Nabila Syamsa, Sunarso, Wuri Handayani https://creativecommons.org/licenses/by/4.0
A Juridical Review of Modern Wound Care Education by Healthcare Professionals Through YouTube in the Perspective of Indonesian Law
This study investigates the legal status of health education, particularly modern wound care, disseminated through YouTube, as well as the legal protection against misinformation. The findings highlight two main issues. First, YouTube-based health education may be classified as health advocacy; however, under Indonesian law, health advocacy faces normative challenges. Although Law No. 17 of 2023 recognizes health advocacy, it does not clearly regulate the role of non-medical personnel in public health education, creating risks of misleading information in digital spaces. Second, legal protection against misinformation relies primarily on Law No. 1 of 2024 concerning false information, which serves as a lex generalis within health law. This regulation is not sufficiently responsive to health-related misinformation and may conflict with constitutional rights to freedom of expression under Article 28E of the 1945 Constitution. Therefore, a progressive legal paradigm is necessary, emphasizing not only repressive but also preventive measures, such as specific regulations or certification for health content creators. The study concludes that challenges in social media–based health education are not solely medical but also policy-related, requiring the state to balance freedom of expression with the right to health as a fundamental public interest.
Copyright (c) 2025 Rendy Rahmawan, Happy Yulia Anggraeni https://creativecommons.org/licenses/by/4.0
Regulatory Challenges and Shifting Domestic Investment Behaviour in Indonesia: A Legal and Economic Analysis Towards Golden Indonesia 2045
Indonesia’s economic transformation toward Golden Indonesia 2045 demands a robust and sustainable investment climate supported by regulatory and institutional resilience. While foreign direct investment has expanded significantly, domestic investment behaviour remains shaped by macroeconomic and legal constraints. This study employs a normative legal and qualitative analysis, supported by doctrinal and comparative approaches. It examines primary legal sources—including Law No. 25 of 2007 on Investment and Law No. 37 of 2004 on Bankruptcy—alongside secondary literature and empirical data on domestic investment determinants. Findings reveal that domestic investor behaviour is increasingly influenced by human development, labour quality, infrastructure, and inflation stability. However, Indonesia’s legal framework does not adequately support business continuity. The absence of insolvency testing and overly creditor-centric bankruptcy procedures create high investment risks. Strengthening regulatory mechanisms through insolvency reform, going concern protection, and better alignment with international best practices is essential for promoting sustainable domestic investment. Legal reforms would foster resilience, encourage long-term capital flows, and strengthen Indonesia’s economic position toward 2045.
Copyright (c) 2025 Agus Sudarya, Yuyut Prayuti https://creativecommons.org/licenses/by/4.0
Jambi City Government's Strategy in Overcoming Parental Rejection of Diphtheria Tetanus Immunization at The Talang Bakung Health Center In Jambi City
This study aims to identify the factors that cause parents to refuse Diphtheria Tetanus immunization for children's health at the Talang Bakung Health Center, Jambi City, and analyze the legal strategies implemented by the Jambi City Regional Government in overcoming these rejections. The research method used is empirical legal research with a qualitative approach. Data was collected through interviews, observations, and documentation of related parties such as health workers, parents, and local government officials. Data analysis was carried out in a descriptive analytical manner by relating relevant field findings and legal theories. The results of the study showed that immunization refusal by parents was caused by several factors, including concerns about Post-Immunization Adverse Events (AEFIs), lack of understanding of vaccine benefits, the influence of misinformation on social media, and low trust in health workers. Social, cultural, and religious factors also contribute to strengthening resistance to immunization programs. The Jambi City Regional Government implements a persuasive and educational legal strategy by emphasizing increasing public health literacy through integrated socialization, the involvement of religious and community leaders, and the affirmation of legal policies based on Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024. In addition, the Regional Government strengthens legal protection for health workers and regulates the mechanism for handling AEFIs in a transparent manner to foster public trust. This legal strategy has proven effective in reducing immunization refusal rates and increasing community participation, although ongoing efforts are still needed to strengthen legal awareness and overall public health.
Copyright (c) 2025 Repelita Witri, Marsudi Dedi Putra, Carolina Kuntardjo, Imam Ropii https://creativecommons.org/licenses/by/4.0
State Responsibility for Public Housing Ownership After the Constitutional Court Decision: Tapera
The difficulty faced by low-income communities in obtaining adequate housing remains a major challenge for social policy in Indonesia. The Tapera program, intended to support housing finance, has sparked controversy as its mandatory contribution scheme has proven ineffective based on empirical data. The recent Constitutional Court decision abolishing mandatory participation has brought significant changes to the design of national housing policy. Through normative legal research employing statutory, judicial, and international comparative approaches, this study finds that the state remains constitutionally obligated to guarantee the right to housing for low-income citizens. The Tapera policy must be transformed into a more equitable, transparent, and participatory system in line with the principles of social justice and international legal standards.
Copyright (c) 2025 Laurenzia Luna, Joshua Nathan Sutedja, Matthew Frederick, Omar Dimitry Hoek https://creativecommons.org/licenses/by/4.0