Jurnal Greenation Sosial dan Politik (JGSP) adalah jurnal peer-review dan akses terbuka, yang didirikan pada tahun 2023. Diterbitkan empat kali setahun (Februari, Mei, Agustus, dan November) dikelola dan diterbitkan oleh Greenation Publisher & Yayasan Global Resarch National. Jurnal ini berusaha untuk menerbitkan artikel penelitian asli tentang isu-isu sosial dan politik termasuk sosiologi, politik, kebijakan publik, kewarganegaraan, administrasi publik, pembangunan sosial, pemerintahan, demokrasi, agama dan politik, radikalisme dan terorisme, isu gender, dan sosiologi agama. Jurnal Greenation Sosial dan Politik (JGSP) merupakan jurnal yang dikelola oleh Greenation Publisher di bawah naungan Yayasan Global Research National (GREENATION) dan Universitas Winaya Mukti (UNWIM) Bandung.
Greenation Publisher & Yayasan Global Resarch National
Hak cipta : Penulis yang mempublikasikan manuskripnya di jurnal ini menyetujui ketentuan berikut: Hak cipta pada setiap artikel adalah milik penulis. Penulis mengakui bahwa Jurnal Greenation Sosial dan Politik (JGSP) berhak menjadi yang pertama menerbitkan dengan lisensi Creative Commons Attribution 4.0 International (Attribution 4.0 International CC BY 4.0) . Penulis dapat mengirimkan artikel secara terpisah, mengatur distribusi non-eksklusif manuskrip yang telah diterbitkan dalam jurnal ini ke versi lain (misalnya, dikirim ke repositori institusi penulis, publikasi ke dalam buku, dll.), dengan mengakui bahwa manuskrip telah diterbitkan pertama kali di JGSP.
Implications of the Use of Body-Worn Camera Technology on the Objectivity of Assessing Code of Ethics Violations in Police Actions in the Field
The use of Body-Worn Camera (BWC) technology by police officers presents a new dimension in performance monitoring and enforcement of the professional code of ethics, particularly regarding objectivity in assessing ethical violations in the field. BWCs function not only as visual recording instruments but also as a means to ensure accountability, transparency, and the public's faith in the police force. The use of this technology complies with Law Number 30 of 2014 concerning State Administration and Law Number 2 of 2002 with the Indonesian National Police, which places a strong emphasis on professionalism, which emphasizes the principles of accountability and legal certainty. From an ethics enforcement perspective, BWC recordings can be used as an objective assessment tool in National Police code of ethics hearings, as outlined in the National Police Code of Ethics Commission and National Police Chief Regulation Number 7 of 2022 about the Professional Code of Ethics. However, there are legal obstacles to its adoption, including privacy concerns and laws pertaining to the protection of personal data under Law Number 27 of 2022 about Personal Data Protection, and the legality of recordings as ethical evidence, which has not been comprehensively regulated. Furthermore, clear standard operating procedures (SOPs) are still required concerning the storage, management, and use of recordings to prevent misuse. Therefore, the urgent need to establish specific regulations regarding the use of BWCs is crucial to ensure a balance between police accountability and the protection of citizens' rights in a democratic state governed by the rule of law.
Copyright (c) 2025 Ryan Adhi Pradana, Binsar Jon Vic https://creativecommons.org/licenses/by/4.0
The Challenge of Upholding the State's Digital Sovereignty in Facing Data Monopoly Practices by Foreign Over-The-Top Platforms in Indonesia
Enforcing digital sovereignty in Indonesia faces serious challenges due to the dominance of foreign Over-The-Top (OTT) platforms in controlling national data and digital markets. These data monopolization practices by global companies not only create technological dependency but also limit state control over the flow of strategic information, which should be part of national sovereignty. Although Indonesia already has several legal instruments, such as Law Number 11 of 2008 concerning Electronic Information and Transactions and its amendments, Law Number 27 of 2022 concerning Personal Data Protection, Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and Law Number 6 of 2023 concerning Job Creation, the implementation of these regulations still faces significant obstacles in addressing the power of the transnational digital economy. One of the main obstacles lies in jurisdictional issues that limit the effectiveness of national law enforcement against global entities operating without a physical presence in Indonesia. This research emphasizes the need to strengthen national regulations with stronger legal instruments against foreign OTTs, develop international cooperation in cross-border data governance, and empower local digital infrastructure as strategic steps to strengthen Indonesia's digital sovereignty. Therefore, efforts to address data monopoly practices by foreign OTTs require not only national legal reforms but also cross-sector and cross-national synergy to address global digital geopolitical challenges.
Copyright (c) 2025 Ryan Adhi Pradana, Bambang Soesatyo https://creativecommons.org/licenses/by/4.0
The Transformation of Constitutional Ethics in Constitutional Court Decisions as a Foundation for Strengthening Law Enforcement and Maintaining the Independence of Judicial Institutions
Constitutional ethics is a fundamental dimension determining the quality of law enforcement in Indonesia, especially in the Constitutional Court's rulings (MK). According to Article 24C of the Republic of Indonesia's 1945 Constitution, the Constitutional Court is an entity with constitutional authority. As such, it must make sure that its rulings uphold moral principles in addition to formally interpreting the law, justice, and integrity. Constitutional ethics serves as a normative and moral guideline for constitutional judges to prevent them from being trapped by political bias or pragmatic interests. In practice, several important Constitutional Court decisions, such as those concerning the presidential threshold, election disputes, and the judicial review of the Job Creation Law, which was later replaced by Law Number 6 of 2023, demonstrate that the principles of constitutional ethics often serve as the basis for upholding substantive justice. Challenges remain when political intervention and potential bias by judges can undermine public trust in the Constitutional Court's decisions. Therefore, the integrity and consistency of constitutional ethics must continue to be internalized through oversight mechanisms, transparency, and accountability for decisions. This study seeks to emphasize that strengthening constitutional ethics is not merely a normative necessity, but also an essential tool for maintaining the integrity of the Constitutional Court as its protector and for bolstering the system of checks and balances. It is anticipated that the study's conclusions would advance scholarly research and offer useful suggestions for the advancement of constitutional justice in Indonesia.
Copyright (c) 2025 Heber Bombang Sapan, Binsar Jon Vic https://creativecommons.org/licenses/by/4.0
Problems of Cyber Law Enforcement Against Cyber Crimes Using Virtual Private Network Technology in Indonesia
The development of information technology has brought significant changes in digital activities, including the use of Virtual Private Networks (VPNs), which, on the one hand, are used to protect user privacy but, on the other hand, have significant potential for misuse in cybercrime. VPNs allow perpetrators to disguise their identities, obscure their digital footprints, and illegally access systems using encryption and IP masking techniques, complicating law enforcement. This study aims to examine the issues of law enforcement against cybercrime using VPNs in Indonesia, highlighting aspects of substance, structure, and legal culture. From a substantive aspect, existing regulations such as Law Number 1 of 2024 concerning the Second Amendment to the ITE Law, Law Number 27 of 2022 concerning Personal Data Protection, and the new Criminal Code (Law Number 1 of 2023) do not explicitly regulate the use of VPNs, creating a legal vacuum. From a structural aspect, law enforcement officials face limited technical capacity and digital forensic equipment, as well as suboptimal coordination between institutions such as the Indonesian National Police (Polri), the National Cyber ??and Information Technology Agency (BSSN), and the Ministry of Communication and Informatics. From a cultural perspective, low public awareness of the risks of VPN misuse and the dilemma between privacy protection and national security pose particular challenges. This study emphasizes the importance of regulatory revisions, increased law enforcement capacity, international cooperation, and public education so that VPNs can be used for their intended purpose without becoming a vehicle for cybercrime.
Copyright (c) 2025 Teguh Nugroho, Bambang Soesatyo https://creativecommons.org/licenses/by/4.0
The Effectiveness of Mutual Legal Assistance Mechanisms in Tracking and Recovering Corrupt Assets Transformed into Crypto Assets by White Collar Criminals
The development of digital technology has created new challenges in eradicating corruption, particularly when criminal assets are transformed into cross-border, difficult-to-trace crypto assets. In this context, the Mutual Legal Assistance (MLA) mechanism has become a crucial instrument for countries, including Indonesia, to track, confiscate, and return crypto assets resulting from corruption committed by white-collar criminals. This study examines the effectiveness of MLA using a statutory and conceptual approach, specifically referring to Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters, Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, and international provisions such as the United Nations Convention Against Corruption (UNCAC). The analysis reveals that the implementation of MLA in crypto asset cases continues to face various obstacles, including limited regulations that do not yet adequately address financial technology-based crimes, bureaucratic delays between countries, and the limited technical capacity of law enforcement officials in digital forensics and crypto asset tracing. Therefore, strengthening national regulations is necessary through revising the MLA Law to make it relevant to crypto developments, increasing the capacity of law enforcement agencies to master digital investigative technology, and expanding international cooperation through both multilateral instruments such as the UNCAC and more operational bilateral agreements. Optimizing the MLA mechanism is expected to enhance the effectiveness of tracking and recovering corrupt cryptocurrency assets while strengthening the integrity of the legal system in addressing the challenges posed by technology-based cross-border crime.
Copyright (c) 2025 Raden Ferdiandra Defry Yusdanial, Subianta Mandala https://creativecommons.org/licenses/by/4.0
A Comparative Review of Notarial Protocol Law Regarding the Storage of Minutes of Deeds Relating to Changes in the Legal Form of Limited Liability Companies from Time to Time
This study examines the evolution of legal provisions regarding the storage of notarial protocols in Indonesia from the colonial era to the current digital era. The Indonesian Notary Law (Stbl. 1860 No. 3) placed full responsibility on individual notaries, without clear security standards or timeframes. After independence, significant reforms came through Law Number 30 of 2004 in conjunction with Law Number 2 of 2014 concerning the Notary Office (UUJN), which introduced a multi-layered oversight mechanism by the Supervisory Board and regulated the submission of protocols upon the resignation or death of a notary, as stipulated in Articles 62–65. Further integration is evident in the provisions of Articles 21–23 of Law Number 40 of 2007 in conjunction with Law Number 6 of 2023 concerning Limited Liability Companies, which require the reporting of deeds of amendments to the Articles of Association through an electronic system. National archival standards, as stipulated in Article 23 of Law Number 43 of 2009 and Minister of Law and Human Rights Regulation Number 9 of 2017, further emphasize the importance of digitization, supported by personal data protection in Law Number 27 of 2022 and the recognition of electronic signatures through Article 11 of the Electronic Information and Transactions (ITE) Law. This study highlights a comparison of authority, storage mechanisms, and security standards from the colonial era to the present, while also identifying barriers such as limited physical space, the risk of data breaches, and technological readiness. The findings indicate that synchronizing the UUJN (National Law on Notaries), the UU PT (Company Law), and the Law on Archives is crucial to ensuring efficient, secure, and technologically advanced notarial archives management.
Copyright (c) 2025 Jimmy Tanal, Subianta Mandala https://creativecommons.org/licenses/by/4.0
Cybersecurity and Personal Data Protection Challenges in the 5G Era as a Basis for Legal Regulatory Reform
The development of 5G technology has brought about a significant transformation in digital connectivity with high speed, low latency, and extensive network capacity. However, it also poses serious challenges to cybersecurity and personal data protection. Although Indonesia has passed Law No. 27 of 2022 concerning Personal Data Protection, its implementation still faces significant obstacles, primarily due to the lack of an effective independent supervisory body as stipulated in Article 59. The weakens oversight of personal data processing and increases the risk of data exploitation by irresponsible parties. This situation is exacerbated by the increasing number of IoT devices connected via 5G networks, which opens up opportunities for more complex and widespread cyber threats. This research uses a normative juridical method with a statutory and conceptual approach to analyze existing regulatory gaps and the need for legal reforms that can address the challenges of the digital era. The research findings show that legal regulatory reforms, including strengthening the role of regulatory bodies and adjusting legal provisions related to personal data protection, are crucial for ensuring cybersecurity in the 5G era and providing effective protection for the public and critical digital infrastructure. Thus, this research is expected to form the basis for recommendations for adaptive and responsive legal policies to technological dynamics, particularly in the context of personal data protection and cyber risk mitigation.
Copyright (c) 2025 Cepi Hendrayani, Richard https://creativecommons.org/licenses/by/4.0
Analysis of Foreign Investment Regulations in Indonesia from the Perspective of a Legal System that Supports Ease of Doing Business and Legal Certainty for Investors
Foreign investment plays a strategic role in driving economic growth and enhancing Indonesia's global competitiveness. To create a conducive investment climate, the government has implemented regulations within a pro-business legal framework, including Law Number 25 of 2007 concerning Investment, which has now been updated through Law Number 6 of 2023 concerning Job Creation, along with its implementing regulations, such as Government Regulation Number 5 of 2021 concerning Investment and regulations related to the Negative Investment List (DNI). These regulations aim to provide ease of doing business, legal certainty, and protection for foreign investors. However, their implementation still faces challenges in the form of licensing complexity, overlapping regulations, legal uncertainty, and restrictions in several strategic sectors. This research uses a normative juridical method with a statutory and conceptual approach, as well as data from academic literature and related legal documents. The analysis reveals that although regulatory updates through the Job Creation Law and the Online Single Submission (OSS) system have improved the ease of doing business, legal gaps and inconsistencies remain that impact investor confidence. Therefore, regulatory harmonization and strengthened legal implementation are needed to create a more competitive and resilient investment environment.
Copyright (c) 2025 Amrullah, Abdullah Sulaiman https://creativecommons.org/licenses/by/4.0
Evaluation of Legal Reform and Implementation of Protection for Victims of Sexual Violence in Indonesia Through Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence
In order to guarantee justice and victim recovery, the criminal justice system must provide victims of sexual abuse with legal protection. The Criminal Code, the Domestic Violence Law, and the Child Protection Law were among the laws in effect prior to the passage of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (the TPKS Law), did not provide comprehensive protection for adult victims or victims outside the domestic context, creating a legal vacuum. The TPKS Law presents a legal reform that broadens the definition of sexual violence, clearly establishes victims' rights, and provides a more victim-sensitive criminal justice system mechanism, including legal assistance, psychological services, and identity protection. However, its implementation faces challenges, such as subjective definitions, difficulties in establishing evidence, uneven victim protection, harmonization with other regulations, and the law enforcement officials' inadequate capabilities. This paper examines the legislative reforms made by the TPKS Law and their practical efficacy using a normative juridical method using a statutory and conceptual approach. The research findings are expected to provide recommendations for strengthening regulations and supporting policies to ensure optimal, fair, and victim-centered protection for victims of sexual violence.
Copyright (c) 2025 Rusdi, Abdullah Sulaiman https://creativecommons.org/licenses/by/4.0
Law Enforcement Against The Occurrence of The Criminal Act of Looting in The Case of Looting of The Residentials of Members of The Legislative in Indonesia in The Case of The August 2025 Demonstration
The police have announced all suspects in the looting of several officials' homes that occurred during the demonstrations at the end of August 2025. A total of 52 people have been named as suspects and detained. These arrests have drawn public attention because the looted homes belonged not only to current officials but also to former ministers.This research uses a normative legal research method. The approach begins with a search for legal materials as a basis for making legal decisions on concrete legal cases. Where the legal rules used in this research are the Criminal Code (KUHP), specifically Article 363 concerning Aggravated Theft. From the results of the study, it is concluded that law enforcement in a country is highly dependent on important elements that form the legal system itself as stated by Lawrence M. Friedman, that law enforcement emphasizes the existence of three main elements in a legal system: legal structure, legal substance, and legal culture. Law enforcement carried out by the police is carried out repressively where the perpetrators of the crime of looting are processed after the looting has occurred. In the event of issues about or at the time of looting, the police should have taken preventive measures by securing the scene of the crime so as to minimize greater damage and losses.
Copyright (c) 2025 Jumadi, Richard https://creativecommons.org/licenses/by/4.0
The Principle of Legality in Corporate Criminal Liability for Tax Crimes: A Case Study of Court Decisions
The development of corporate crime is commensurate with the increasing role of corporations. In Indonesia, tax crimes are regulated under the Law on General Provisions and Tax Procedures (UU Ketentuan Umum dan Tata Cara Perpajakan - UU KUP). A fundamental problem arises because the UU KUP does not explicitly, clearly, and strictly regulate corporations as subjects of criminal law, only using the phrase "every person". This issue contradicts the principle of legality in criminal law. This study aims to determine the implementation of the theory of corporate criminal liability and its regulation in tax crimes based on the UU KUP. The research utilizes a normative juridical method, employing statutory, analytical, and case approaches. The results show that the implementation of corporate criminal liability is applied inconsistently and faces legality issues concerning both the legal subject and the sanctions. The case studies of court decisions indicate that Judges perform rechtsvinding by interpreting the phrase every person to include legal entities, even though the formulation of the UU KUP is acknowledged as unclear and not detailed. Furthermore, the cumulative sanctions in the UU KUP (imprisonment and fines) legally cannot be applied to corporations. Judges deviate from the cumulative system by only imposing fines. In conclusion, the implementation of corporate criminal liability in tax crimes is applied inconsistently. UU KUP is not explicitly, clearly, and strictly regulated the legal subject and specific sanctions for corporations, thus creating legality issues because it violates the principles of lex scripta, lex certa, and lex stricta.
Copyright (c) 2025 Mardonius Irawan Profianto, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Criminal Liability of Village Heads in Issuing Erroneous Land Certificates: Analysis of Article 378 of the Indonesian Penal Code and Its Implications for Preventing Abuse of Authority
The issuance of erroneous land certificates by village heads in Indonesia has become a pressing legal and administrative issue, particularly because such actions create overlapping ownership rights and undermine public confidence in land governance. Background: The village head is vested with authority under the Village Law to certify land ownership, but this discretion often exposes opportunities for abuse of power. Purpose: This study aims to analyze the extent of criminal liability borne by village heads when issuing erroneous certificates, specifically in the context of Article 378 of the Indonesian Penal Code, which governs fraud. Methods: Using a normative juridical approach, the research examines statutory provisions, doctrinal debates, and relevant case law, while also drawing comparisons with legal doctrines from civil law jurisdictions. Results: The analysis reveals that the issuance of false land certificates may fulfill the elements of fraud if there is intentional misrepresentation or concealment of material facts to benefit oneself or another party. However, the findings also highlight a doctrinal tension between administrative misconduct, which should fall under administrative sanctions, and criminal liability, which arises only when fraudulent intent is established. Conclusions: The study argues for clearer regulatory guidelines that delineate administrative error from deliberate fraud, combined with preventive mechanisms such as oversight systems and capacity-building for village officials. These measures are essential not only to strengthen deterrence but also to ensure proportionality in sanctioning, thereby promoting legal certainty and protecting citizens’ property rights.
Copyright (c) 2025 M. Johan Pakpahan, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
The Urgency of Legal Roles in The Development and Advancement of Indonesia’s Digital Economy
The global digital revolution has profoundly transformed human life, reshaping communication, business, and governance. Indonesia, as one of the most populous nations with high internet penetration, is experiencing rapid growth in its digital economy. This transformation is evident in the proliferation of e-commerce, financial technology (fintech), ride-hailing platforms, and social media, which have significantly contributed to economic dynamism. The digital economy presents substantial opportunities, such as the creation of new jobs, enhancement of productivity, financial inclusion for underserved communities, improved efficiency in business processes, and the acceleration of innovation that elevates the quality of life. Despite these promising prospects, challenges persist, particularly in the legal and regulatory domains. The rapid pace of technological advancement often outstrips regulatory development, creating legal ambiguity and uncertainty. Moreover, issues such as inadequate consumer protection and escalating cybersecurity threats present further risks to sustainable growth. Law therefore plays a crucial role in shaping a secure, innovative, and inclusive digital ecosystem. An adaptive and forward-looking legal framework is essential to building a conducive investment climate, safeguarding consumer rights, stimulating innovation, and preventing unfair competition. This paper argues that legal adaptation and regulatory responsiveness are key to ensuring that the benefits of digital transformation can be fully realized while mitigating its potential risks. By aligning legal structures with technological progress, Indonesia can harness the potential of its digital economy to drive long-term economic transformation and sustainable development.
Copyright (c) 2025 Andre Firza Setyananda, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
Legal Implications of Transferring Notary Legal Counseling Duties to a Substitute Notary or Temporary Notary in the Preparation of Deeds of Release of Rights to Customary Land
This study examines the legal implications of transferring notary legal counseling duties to a substitute notary or acting official in the preparation of deeds of granting traditional land rights. The primary areas of focus are the legality of the deed, the legal responsibilities of the substitute notary, and the defense of indigenous peoples' rights. By examining Law Number 5 of 1960 concerning Basic Agrarian Principles, Law Number 2 of 2014 concerning the Position of Notary, and putting provisions like Government Regulation Number 24 of 1997 concerning Land Registration into effect, the research method is normative juridical through a statutory approach. The results of the study indicate that the validity of the deed of release of customary land rights can only be guaranteed if the appointment of the substitute notary or acting official meets formal and substantial requirements, including the inclusion of the position status on the minutes and a copy of the deed. Non-compliance has the potential to give rise to customary land disputes and the risk of nullity, particularly when the principle of recognizing The rights of indigenous peoples are not being upheld under Article 18B, paragraph (2) of the 1945 Constitution and Constitutional Court Decision Number 35/PUU-X/2012. In accordance with Civil Code Article 1365, acting officials or substitute notaries are nonetheless subject to civil culpability, administrative sanctions under Articles 85–88 of the Notary Law, and the obligation to maintain professional ethics. This study recommends strengthening legal counseling procedures, harmonizing land regulations and notary positions, and establishing national guidelines to ensure the protection of indigenous peoples' rights and legal certainty in every process of releasing customary land rights.
Copyright (c) 2025 Anisa Syamsiah Soraya, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
A Criminological Study of the Double Victimization of Online Motorcycle Taxi Drivers in Traffic Accidents Without Legal Protection Under Labor Law
The growing gig economy in Indonesia presents serious challenges in legal protection for workers, including online motorcycle taxi drivers. They are vulnerable because they face double risk: being both victims of traffic accidents and those without adequate employment protection. This double victimization arises from a legal vacuum regarding the employment relationship between drivers and app companies, which has traditionally been constructed as a partnership. Consequently, drivers are excluded from formal protection as stipulated in Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of the Government Regulation in Lieu of the Job Creation Law into Law. This legal uncertainty also makes it difficult for drivers to access social security, including BPJS Ketenagakerjaan (Employment Social Security Agency), which is supposed to provide protection against workplace accidents. From a criminological perspective, online motorcycle taxi drivers experience multiple victimization processes, not only because they are vulnerable to traffic accidents in public spaces, but also because legal policies favor the interests of app companies over field workers. Therefore, regulations are needed that explicitly recognize the status of gig economy workers, including requiring app companies to register drivers in employment social security schemes. A criminological approach can form the basis for formulating fairer policies must protect drivers as legal subjects, not simply positioned as business partners.
Copyright (c) 2025 Tricho Dike Fierrera, Megawati Barthos https://creativecommons.org/licenses/by/4.0
Legal Update on the Role of Government Supervision of Nickel Smelters from the Perspective of State Administrative Law
The nickel smelter industry is a strategic pillar in Indonesia's downstream mining program, according to the provisions of Law Number 3 of 2020, which amends Law Number 4 of 2009, which deals with coal and mineral mining (Minerba Law). Its presence is anticipated to promote sustainable development and raise the natural resources' added value. However, the practice of monitoring nickel smelters still faces various issues, both related to the division of authority between the central and regional governments, as well as company compliance with occupational health and safety (K3) standards. From a State Administrative Law perspective, monitoring is a crucial instrument to ensure legal compliance, However, from the standpoint of Natural Resources Law, monitoring is necessary to guarantee that nickel management complies with the values of environmental sustainability and intergenerational fairness. Recent regulations such as Law Number 23 of 2014 concerning Regional Government in conjunction with Law Number 9 of 2015 and Government Regulation Number 96 of 2021 in conjunction with Government Regulation No. 25 of 2024 concerning the Implementation of Mineral and Coal Mining Business Activities highlight the division of powers between the central and regional governments. However, Law Number 6 of 2023 on Job Creation serves as the foundation for OHS's implementation. This study demonstrates that regulatory discord and inadequate coordination among governmental levels result in unsatisfactory government monitoring. Regulatory harmonization and strengthening of oversight capacity are needed to ensure the sustainability of equitable nickel smelter management that prioritizes worker and environmental protection.
Copyright (c) 2025 Hermawan Sutanto, Megawati Barthos https://creativecommons.org/licenses/by/4.0
Reforming the Land Boundary Dispute Resolution Mechanism Based on Mediation for Legal Certainty and Social Sustainability
Land boundary disputes between citizens in Indonesia often give rise to legal uncertainty, social conflict, and burden the courts. Settlement through litigation has proven ineffective due to its high costs, lengthy time, and failure to guarantee sustainable social relations. This study emphasizes reform of the mediation-based land boundary dispute resolution mechanism, using a restorative justice approach to achieve legal certainty while maintaining social harmony. The Supreme Court Regulation Number 1 of 2016 regarding Court Mediation Procedures and Law Number 5 of 1960 concerning Basic Agrarian Regulations (Articles 19 and 33), which prioritizes legal clarity and public welfare, serve as the legal foundation, which opens up space for peaceful resolution. Mediation is considered capable of producing fair and legally binding agreements, preventing conflict escalation, and restoring social relations between parties, in line with the objectives of the Basic Agrarian Law. Normative legal analysis and mediation practices in the field indicate that this approach is effective in reducing the burden of court cases, providing legal certainty, and maintaining social sustainability. In conclusion, mediation-based reform of land boundary dispute resolution mechanisms is an integrative legal strategy that harmonizes formal interests and social values ??and serves as a crucial instrument in developing responsive and equitable agrarian law.
Copyright (c) 2025 Akh Mulyanto, Suparno https://creativecommons.org/licenses/by/4.0
The Dynamics of Law Enforcement of Corruption Crimes in the Mining Sector and Its Impact on Transparency in Natural Resource Management
Law enforcement against corruption in the mining sector in Indonesia faces various challenges that affect the transparency of natural resource management. This study focuses on the dynamics of implementing Law No. 31 of 1999 in combination with Law No. 4 of 2009 concerning Mineral and Coal Mining and Law No. 20 of 2001 for the Eradication of Criminal Acts of Corruption, as well as implementing regulations related to licensing and royalty management. The analysis shows a legal vacuum, particularly in the aspects of licensing supervision, royalty management, accountability of state-owned/regional-owned mining company officials, and losses due to environmental damage, making it often difficult to enforce the Corruption Eradication Law effectively. Legal arguments are developed based on the principle of state accountability for natural resource management, the principle of legality in corruption crimes, and the obligation of public officials to prevent state losses. The research findings indicate that weak coordination between law enforcement agencies, unclear mechanisms for criminal sanctions against embezzlement of mining assets, and regulations that are still administrative in nature open up opportunities for corrupt practices. Thus, effective law enforcement requires regulatory harmonization, the implementation of transparent audit and oversight mechanisms, and the renewal of proportionate criminal sanctions to ensure more accountable and sustainable natural resource management.
Copyright (c) 2025 La Ode Muhamad Hiwayad, Suparno https://creativecommons.org/licenses/by/4.0
The Role and Independence of the DPR RI Ethics Council in Adjudicating Violations of the Members' Code of Ethics from the Perspective of the Principle of Justice
The independence of the Ethics Council of the House of Representatives of the Republic of Indonesia (BK DPR RI) is a crucial issue in maintaining the integrity, credibility, and accountability of the legislative institution. The BK DPR RI has the authority to examine, prosecute, and impose sanctions on DPR members suspected of violating the Code of Ethics as stipulated in Law Number 17 of 2014 concerning the MPR, DPR, DPD, and DPRD (MD3 Law) in conjunction with Law Number 13 of 2019, and clarified through DPR RI Regulation Number 1 of 2015 concerning the Code of Ethics and DPR RI Regulation Number 2 of 2015 concerning the Procedures of the Council's Ethics Court. However, in practice, the independence of the BK is often questioned due to the potential for political intervention, conflicts of interest between factions, and limited external oversight mechanisms. This study uses a juridical-normative and conceptual approach by examining the provisions of applicable laws and regulations as well as the principles of justice, which include the principles of due process of law, impartiality, and proportionality in imposing sanctions. The study's findings indicate that although the legal framework has normatively positioned the Ethics Council (BK) as the internal adjudicatory organ of the DPR, gaps remain between these norms and implementation, particularly regarding transparency, objectivity, and substantive justice for those audited. Therefore, strengthening BK’s independence is urgently needed through reforms to the member selection mechanism, increased procedural accountability, and public oversight. The implications of this research emphasize that ensuring BK’s independence is not merely a matter of enforcing internal discipline, but also a prerequisite for realizing justice, the rule of law, and public trust in the DPR RI as a democratic institution.
Copyright (c) 2025 Muhamad Syaripudin Amin, Azis Budianto https://creativecommons.org/licenses/by/4.0
Progressive Legal Reform as an Effort to Address Inequality in Law Enforcement and Strengthen Social Cohesion in Indonesia
Social cohesion is a key pillar in maintaining national unity and preventing societal disintegration, but unequal law enforcement in Indonesia often creates a sense of injustice that weakens social cohesion. This study aims to examine the application of progressive law as a strategic instrument to strengthen social cohesion through a substantive justice approach that respects legal certainty. Using normative methods through statutory and conceptual approaches, this study analyzes the relevance of progressive law in addressing the misalignment between formal law and societal justice needs. The study shows that progressive law, as developed by Satjipto Rahardjo, views law as a means of social engineering that must be responsive to societal values. Its implementation is reflected in the restorative justice policy (Prosecutor's Regulation No. 13 of 2019) which emphasizes victim recovery and improving social relations; the child diversion mechanism (Law No. 11 of 2012 concerning the Juvenile Criminal Justice System) which prioritizes rehabilitation; and the obligation of judges to explore the values ??of justice in society (Article 5 paragraph (1) of Law No. 48 of 2009 in conjunction with Law No. 5 of 2023 concerning the Supreme Court). This approach demonstrates that substantive justice can be achieved without sacrificing legal certainty, increasing public trust in the law, and strengthening social cohesion. Thus, progressive law is relevant as a guideline for reforming the Indonesian legal system to make it more responsive, humane, and socially just.
Copyright (c) 2025 Achmad Muchtarom, Azis Budianto https://creativecommons.org/licenses/by/4.0
Problems of Registration of Mining Business Permits in The ESDM Modi System from The Perspective of State Administrative Law
Mining Business Permit (IUP) registration is an administrative activity with significant legal implications in the mining sector in Indonesia. With the implementation of the MODI ESDM system, the government seeks to improve the efficiency, transparency, and accountability of the licensing process. However, the practice of IUP registration through MODI ESDM still faces various legal and administrative issues that impact legal certainty for permit holders. This study aims to analyze these issues from the perspective of State Administrative Law (HTUN), specifically regarding the principles of legality, legal certainty, transparency, and accountability of government administration. The research method used is normative and conceptual with a statutory approach, reviewing Law No. 3 of 2020 concerning Minerals and Coal, Government Regulation No. 96 of 2021, and Law No. 30 of 2014 concerning Government Administration, as well as relevant legal literature. The results of the study indicate that although MODI ESDM can expedite the registration process, there are several problems such as technical system disruptions, unclear permit status, and delays in validation that have the potential to give rise to administrative disputes at the PTUN. This research emphasizes the need for improved administrative mechanisms, strengthened operational guidelines, and enhanced outreach and training for system users. This will optimize the implementation of the HTUN principle, maintain legal certainty, and support a healthy investment climate in the mining sector.
Copyright (c) 2025 Muh. Rustiawan Ardiansyah, Rineke Sara https://creativecommons.org/licenses/by/4.0
Protection of Separated Creditors Who Hold Security Rights over The Assets of Bankrupt Debtors Located Abroad
Secured creditors, who hold security rights over property such as mortgages, pledges, or fiduciary rights, have a special position if the debtor is declared bankrupt. Legal protection for secured creditors in Indonesia is regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and Law Number 42 of 1999 concerning Fiduciary Guarantees. However, when some of the debtor's assets are located abroad, Indonesian court decisions often lack cross-jurisdictional execution power due to the principle of territoriality in international law. This study aims to analyze the legal position of secured creditors over cross-border assets, the available legal protection mechanisms, and normative and practical solutions to address obstacles to international execution. The study was conducted through a normative juridical approach, including analysis of legislation, legal doctrine, and a comparative study of cross-border insolvency practices in several countries. The research findings demonstrate the need to adopt international instruments such as the UNCITRAL Model Law on Cross-Border Insolvency, as well as reform national bankruptcy laws to strengthen the mechanisms for recognizing and enforcing foreign judgments. This will enable secured creditors to obtain more effective legal protection, not only formally but also in practice, particularly in the face of the complexity of cross-border transactions. This research contributes policy recommendations and legal strategies that can be implemented to ensure the protection of secured creditors' rights, while simultaneously increasing legal certainty and efficiency in cross-border bankruptcy proceedings.
Copyright (c) 2025 Patar Bronson Sitinjak, Rineke Sara https://creativecommons.org/licenses/by/4.0
Cooperation Between Local Governments and The South Korean Government in The Seasonal Worker Program
The cooperation between local governments and the South Korean government in the seasonal worker program is one form of implementation of decentralization and regional autonomy that has a significant impact on improving community welfare. This program provides opportunities for local communities to gain international work experience, improve skills, and contribute to local economic development. However, legally, foreign cooperation by local governments must be implemented within a national legal framework that emphasizes that foreign policy matters remain under the authority of the central government. In this context, this legal research analyzes the legal basis, authority, and legal protection for seasonal workers placed through bilateral cooperation between Indonesia and South Korea. The study was conducted using a normative approach through an analysis of laws and regulations, including the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2014 concerning Regional Government (juncto Law Number 9 of 2015), Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, and Minister of Home Affairs Regulation Number 25 of 2020 concerning Procedures for Regional Cooperation with Regional Governments Abroad. Furthermore, aspects of seasonal worker protection are analyzed from an international legal perspective, including the Indonesia-South Korea bilateral understanding and international conventions on migrant workers. The analysis shows that while local governments have room to collaborate with foreign governments, their undertaking must remain coordinated with the central government to avoid overlapping authority. Legal protection for seasonal workers also faces challenges, particularly related to overseas supervision and the protection of basic workers' rights. Therefore, regulatory synergy and strengthening of cooperation mechanisms are needed to ensure the seasonal worker program runs optimally and adheres to the principles of legal protection.
Copyright (c) 2025 Hendro Tri Subiyantoro, Riswadi https://creativecommons.org/licenses/by/4.0
Legal Implications of Separation of Regional Assets in Regionally-Owned Enterprises for the Protection of Public Assets and State Financial Accountability
This study analyzes the legal implications of the separation of regional assets in Regionally-Owned Enterprises (BUMD) on the protection of public assets and state financial accountability. The separation of regional assets, as regulated in Article 298 paragraph (5) of Law Number 23 of 2014 in conjunction with Law Number 9 of 2015, emphasizes that the separated regional assets constitute capital investment by the regional government to BUMD. After capital investment, these assets are no longer recorded as part of the Regional Revenue and Expenditure Budget (APBD), but become BUMD assets as a separate legal entity in accordance with Article 4 of Government Regulation Number 54 of 2017. This study uses a statutory and conceptual regulatory approach by analyzing the provisions of Law Number 17 of 2003 concerning State Finance, Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, and other derivative regulations such as PP 54/2017 and Permendagri 118/2018. The study results indicate that separated regional assets remain categorized as state finances as long as the regional government has significant ownership or control. Therefore, management of Regionally-Owned Enterprises (BUMD) is required to comply with Government Accounting Standards (PP 71/2010) and is subject to supervision by the Supreme Audit Agency (BPK) in accordance with Law Number 15 of 2004. Protecting public assets requires strengthening regional regulations, transparent oversight mechanisms, and the application of good governance principles to prevent misuse, uncontrolled privatization, and corruption, as specified in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. This study's recommendations emphasize the importance of regulatory synergy and an increased role of internal and external supervisors to ensure that separated regional assets continue to provide optimal benefits to the public.
Copyright (c) 2025 Nurakhman, Riswadi https://creativecommons.org/licenses/by/4.0
The Problem of Social Media Platform Responsibility Regarding Children's Rights in the Digital Space from A Human Rights Perspective
The swift growth of social media poses significant obstacles to safeguarding children's rights online. Numerous infractions, including sexual exploitation, cyberbullying, misuse of personal information, and exposure to hazardous content, show how frequently children's rights are disregarded on digital platforms. Through a review of the 1945 Constitution (Articles 28B and 31), the Child Protection Law (Articles 5, 7, and 15), the Electronic Information and Transactions (ITE) Law, the Personal Data Protection Law, and the 1989 Convention on the Rights of the Child (Articles 17 and 19), this study uses a normative approach to analyze the legal obligations of social media platforms to protect children's rights from a human rights perspective. The analysis reveals regulatory gaps: the absence of a clear mechanism for binding digital platforms to effectively protect children, difficulties in cross-jurisdictional law enforcement, and platform algorithms that often amplify exposure to harmful content for commercial gain. From a human rights perspective, this leads to violations of children's rights to adequate protection, education, and information. This study recommends reforming national laws, including strengthening digital platform obligations through the principle of Corporate Responsibility to Human Rights, As supplementary measures to guarantee the protection of children's rights in the digital sphere, cross-border rules should be harmonized and parents' and kids' digital literacy should be improved.
Copyright (c) 2025 Erdian, KMS Herman https://creativecommons.org/licenses/by/4.0
Disparity in Decisions Against Children in Conflict with the Law from the Perspective of Judicial Justice
The occurrence of discrepancies in rulings against Children in Conflict with the Law (ABH) highlights the diversity in how the justice principle is applied, especially when judges take aggravating and mitigating circumstances into account. Actually, through a restorative justice approach, Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) highlights the best interests of children and the principle of legal protection. However, judges' broad discretionary powers, without clear normative guidelines, often lead to different decisions in similar cases and open up space for non-juridical factors to influence sentences. By analyzing primary, secondary, and tertiary legal documents, this study employs a normative-juridical method to investigate the coherence of the concepts of justice, expediency, and legal certainty in juvenile criminal justice practices. The study's findings show that the primary source of disparity is the absence of uniform guidelines governing the foundation for judges' considerations., which in turn reduces the effectiveness of the SPPA Law in protecting ABH. Therefore, ius constituendum is needed in the form of firmer normative guidelines for judges, so that legal considerations no longer depend on subjective assessments, but rather on legal parameters that are consistent with the principles of justice and legal certainty.
Copyright (c) 2025 Beby i Savitr, KMS Herman https://creativecommons.org/licenses/by/4.0
Harmonization of Central and Local Regulations on Building Approval (PBG) in Indonesia: A Case Study of Tangerang City
The implementation of Building Approval (Persetujuan Bangunan Gedung – PBG), mandated by Law No. 11/2020 on Job Creation and Government Regulation No. 16/2021, has established a standardized licensing mechanism for construction activities across Indonesia. However, the transition from the former Building Permit (Izin Mendirikan Bangunan – IMB) to PBG has presented significant challenges at the local level, particularly in Tangerang City, where local bylaws remain only partially aligned with national legislation. This study aims to examine the harmonization between central and local regulations, identify inconsistencies, and analyze their implications for legal certainty and public service delivery. Utilizing a normative juridical method combined with case study analysis, the research reveals that fragmented regulatory frameworks hinder the efficiency of administrative services, generate overlapping authorities, and weaken legal clarity. The findings underscore the need for coherent regulatory drafting, improved institutional capacity at the local level, and participatory governance mechanisms to ensure effective implementation of PBG. By offering both theoretical insights and practical policy recommendations, this study contributes to the broader discourse on regulatory governance in decentralized systems and highlights pathways for enhancing legal certainty and service quality in Indonesia’s building sector.
Copyright (c) 2025 Miswar Mustari, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Women as Couriers of Narcotics: A Reflection of Transnational Organized Crime in Indonesia (A Criminological and Gendered Perspective)
This article examines the growing phenomenon of women being recruited and acting as couriers in transnational narcotics trafficking networks in Indonesia.The study argues that women's participation in this role is not an isolated criminal phenomenon, but rather a reflection or a "shadow" of Transnational Organized Crime (TOC) operations. The analysis highlights how drug syndicates exploit gender stereotypes that perceive women as less suspicious in the eyes of law enforcement, thereby increasing the chances of successful smuggling. The motives for women becoming couriers vary widely, including economic pressure, poverty, deception, and being victims of human trafficking. The article's central conclusion is that female couriers are often merely the "expendable pawns" or the tip of the spear in a much larger and more complex pyramid of criminal enterprise. The rising number of women couriers demonstrates the adaptability and sophistication of TOC syndicates in leveraging social vulnerabilities. Consequently, effective countermeasures require not only a strict law enforcement approach but also policies that address the root causes, such as economic empowerment, social protection, and enhanced international intelligence cooperation to dismantle the mastermind networks operating behind the scenes.
Copyright (c) 2025 R. Nurhadi Yuwono, Ahmad Redi https://creativecommons.org/licenses/by/4.0
The Urgency of Regulations Regarding the Legal Power of Notary Cover notes in Order to Guarantee Legal Certainty
A cover note is a temporary administrative guarantee document commonly used in banking and land practices. Although this practice is common, The issuance of cover notes by notaries is not specifically governed under Law Number 2 of 2014 about the Position of Notaries (UUJN). The purpose of this study is to examine the legal force of cover notes, the authority of notaries in issuing them, and the necessity of precise legal regulations to guarantee the parties' legal certainty. This study, which employed normative legal research methodologies using a statute approach and a conceptual approach, concluded that a cover note lacks binding legal power because it is neither a private deed (Article 1868 of the Civil Code) nor an authentic deed (Article 1 paragraph (1) of the UUJN). Because of this ambiguous rule, notaries may be held legally liable under Article 1366 of the Civil Code, and professionally, which can affect the credibility of their profession. The research emphasizes the significance of transparent legal regulations regarding the status of cover notes in the Indonesian legal system, thus providing clear legal protection for notaries and ensuring legal certainty for parties using cover notes.
Copyright (c) 2025 Kartika, Binsar Jon Vic https://creativecommons.org/licenses/by/4.0
Problems of Intellectual Property Rights Protection for Digital Startups as An Effort to Ensure Business Continuity and Technological Innovation
Intellectual Property Rights (IPR) protection is a fundamental aspect in supporting business sustainability and technological innovation, especially for digital startups that rely heavily on intangible assets such as applications, software, algorithms, brands, and creative content. Digital startups require legal certainty to prevent their innovations from being easily copied or misused by others. However, in practice, IPR protection in Indonesia still faces various problems, ranging from low awareness among startups regarding the importance of IPR registration, high rates of digital product piracy, to weak law enforcement against IPR violations. Furthermore, existing regulations are often not fully harmonized, both between national laws and with international legal provisions such as the TRIPs Agreement and standards set by WIPO. This condition has serious impacts on the sustainability of startup businesses, including the loss of innovative ideas, reduced investor confidence, and decreased Indonesian technological competitiveness at the global level. To overcome these problems, more comprehensive legal efforts are needed, including reform of IPR regulations, the implementation of a digital-based registration system, an increased government role in education and outreach, and strengthened law enforcement against IPR violations. Thus, effective IPR protection not only safeguards the exclusive rights of business actors but also serves as a strategic instrument for ensuring business continuity and fostering a sustainable technological innovation ecosystem in Indonesia.
Copyright (c) 2025 Imanudin Suwardi, Abdullah Sulaiman https://creativecommons.org/licenses/by/4.0
Artificial Intelligence Governance in Public Services to Accelerate Poverty Alleviation: Accountability Model and Oversight Mechanism for Indonesia
Background: Indonesian public administration is accelerating the use of artificial intelligence (AI) to improve social protection targeting. The legal and digital governance foundations are in place through SPBE and Satu Data regulations, complemented by the Data Protection Law, Public Information Law, and the PSTE regulation. Recent policy integrates Regsosek, DTKS and P3KE into a single national data basis (DTSEN) for beneficiary determination. Objective: This paper proposes an operational model of algorithmic accountability and multi?layer oversight for AI used in public services to accelerate poverty alleviation while protecting fundamental rights. Methods: A normative?doctrinal approach augmented by a targeted socio?legal case mapping is used, combining legal gap analysis and design?science techniques. The model is benchmarked against global practices (EU AI Act and FRIA, Canada’s AIA/DADM, the Netherlands’ Algorithm Register, the UK ATRS, and NIST AI RMF). Results: We outline a three?stage governance architecture—ex ante (mandatory AIA+FRIA for high?risk systems; legality, data quality and bias testing), in?process (human?in?the?loop at decision thresholds; logging/versioning; explainability), and ex post (reason?giving and appeal; algorithm register; periodic audits)—tightly linked to SPBE/Satu Data controls and the DTSEN pipeline. During the transition to a full PDP authority, external oversight is bridged by the Ombudsman and the Information Commission. Conclusion: The proposed model operationalizes administrative due process for AI?assisted decisions, strengthens transparency and accountability, and is expected to reduce inclusion/exclusion errors and improve exit and persistence rates above the poverty line. A 12?month implementation roadmap and measurable indicators are provided.
Copyright (c) 2025 Tedi Supardi Muslih, Bambang Soesatyo https://creativecommons.org/licenses/by/4.0
The Restriction of Interest Compensation under Article 27B(2) of the Indonesian General Taxation Law and Its Implications
The amendment of the General Provisions and Tax Procedures Law (UU KUP) through the replacement of Article 27A with Article 27B has narrowed taxpayers’ rights to receive interest compensation (imbal bunga) in cases of tax overpayment. Under Article 27B (2), interest compensation is only granted for overpayments originating from refund requests on tax returns (SPT Lebih Bayar) and limited to the amount approved during the Final Discussion of Audit Results (PAHP). This normative juridical research examines the fairness and legal implications of such limitations by analyzing statutory provisions, doctrinal interpretations, and the principles of legal certainty and equality before the law. The findings indicate that the restriction creates a substantive imbalance: when taxpayers lose in a dispute, the state imposes substantial penalties, yet when taxpayers win, they receive no compensation for the funds held by the state during the litigation period. This asymmetry undermines the corrective justice principle and may erode taxpayers’ trust in the tax administration. The study concludes that Article 27B(2) should be reconsidered to ensure a more equitable balance between taxpayer rights and state authority by expanding the scope of interest compensation to include all tax overpayments arising from dispute resolutions. Such reform would enhance fairness, accountability, and the integrity of Indonesia’s tax system.
Copyright (c) 2025 Harry Kesowo Wibowo, Subianta Mandala https://creativecommons.org/licenses/by/4.0
Constructing Institutional Safeguards in Fast Track Legislation to Maintain the Legal Politics of Law-Making for the Paramount Interest of the People
Fast Track Legislation (FTL) as a method of law-making began to be practiced in Indonesia during the administration of President Joko Widodo. In contrast to other jurisdictions where FTL has long been institutionalized and operates without major controversy, its practice in Indonesia has provoked extensive public rejection. Drafting and passing laws at extraordinary speed has been criticized as procedurally defective, substantively inadequate, and inconsistent with the foundational principles of the rule of law and democratic constitutionalism. Consequently, laws formulated through this FTL have frequently been challenged by the public before the Constitutional Court through judicial review. This study examines the epistemological and ontological conception of FTL; how FTL is regulated and practiced in several countries; and what the ideal concept would be for formulating FTL in Indonesia in order to align legislative politics with the nation’s legal ideals. This study applies a normative juridical approach through literature review and comparative analysis. The findings are as follows: first, several countries, such as the United Kingdom, the United States, and New Zealand, regulate FTL as a law-making method, but restrict its application to extraordinary measures, rather than adopting it as a standard legislative procedure. Second, adopting FTL into Indonesia requires modification and contextual adaptation to the country’s constitutional and socio-political context. Third, establishing clear normative boundaries and institutional safeguards is essential in implementing FTL to ensure that the legal politics of law-making genuinely serve the paramount interest of the people.
Copyright (c) 2025 Tuti Trihastuti Sukardi, Ahmad Redi https://creativecommons.org/licenses/by/4.0
General Court Decisions in Handling Criminal Cases Violating Article 78 of Law No. 31 of 2004 Result in Legal Nullity at the District Court, High Court, and Supreme Court (Case Study: Cirebon District Court)
Fisheries crimes are generally handled in District Courts designated as Fisheries Courts with the following composition of judges: two career judges and one ad hoc judge, based on Article 78 of Law No. 31 of 2004 concerning Fisheries. However, some fisheries crimes are handled by District Courts that do not have fisheries courts. Meanwhile, the transitional provisions of Article 106 allow cases to be handled outside the jurisdiction of fisheries courts. The transitional period has exceeded three years since the enactment of the law, so that the validity of judges' decisions in cases heard by three career judges at the District Court, High Court, and Supreme Court has become null and void. The establishment of fisheries courts has not been evenly distributed in areas where fisheries crimes often occur, and there is still a lack of readiness in terms of ad hoc judges with expertise in fisheries. Of the 33 provinces, there are only 10 fisheries courts, which is detrimental to the Indonesian economy and local fishermen. The Indonesian government does not seem to be serious in dealing with fisheries crimes that are often committed by foreign parties, thereby harming the Indonesian state.
Copyright (c) 2025 Landong MT Nadeak, Richard https://creativecommons.org/licenses/by/4.0
Criminalization of Trading in Influence in Indonesian Criminal Law: A Juridical and Legal Policy Analysis Based on the United Nations Convention Against Corruption (UNCAC) 2003
The practice of trading in influence constitutes a form of abuse of power that potentially undermines the integrity of the legal system and governance. Such practice generates legal injustice and erodes public trust in state institutions due to personal interests and the misuse of power relations. The United Nations Convention Against Corruption (UNCAC) 2003 is an international legal instrument that explicitly defines trading in influence as a criminal act under Article 18. Indonesia ratified the UNCAC through Law No. 7 of 2006; however, national criminal law particularly Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption Crimes has yet to explicitly regulate this offense. This study aims to analyze the juridical foundation and the direction of legal policy regarding the criminalization of trading in influence to align with international commitments under the UNCAC 2003. The research employs a normative legal method using statutory, conceptual, and comparative approaches. The legal materials consist of the UNCAC 2003, Law No. 7 of 2006, the Indonesian Anti-Corruption Law, and the Legislative Guide for the Implementation of the United Nations Convention against Corruption (UNODC). Data were collected through literature study and analyzed qualitatively using systematic and teleological interpretation methods. The findings reveal that Indonesian national law has not yet explicitly accommodated the offense of trading in influence as stipulated in the UNCAC 2003, resulting in a normative gap and weak law enforcement against influence-peddling practices in political and bureaucratic spheres. Therefore, reform in criminal legal policy is required through the specific criminalization of trading in influence to ensure harmony with international anti-corruption standards and strengthen the integrity of state officials.
Copyright (c) 2025 Arih Wira Suranta, Abdullah Sulaiman https://creativecommons.org/licenses/by/4.0
Beyond Constitutional Limits: An Ultra Vires Analysis of the DPR’s Fit and Proper Test and the Erosion of Judicial Independence in Indonesia
This article presents a critical and comparative analysis of the fit and proper test conducted by the Indonesian House of Representatives (Dewan Perwakilan Rakyat, DPR) for candidates of Supreme Court justices. The study argues that the DPR systematically exceeds its constitutional mandate by transforming its confirmation authority into a substantive re-selection process—an ultra vires act that endangers judicial independence and has been explicitly recognized by the Constitutional Court. Using the frameworks of separation of powers and comparative constitutional law, this research contextualizes Indonesia’s challenges within broader Southeast Asian patterns. The findings reveal that the tension between political and judicial branches is structural and recurrent across the region, observable in the integrity crises of the Philippine Judicial and Bar Council, executive dominance in Malaysia, and the extreme politicization of the judiciary in Thailand under “rule by law.” Conversely, Singapore offers a model of centralized meritocracy. The study concludes that Indonesia’s reform failure stems from procedural loopholes that allow political actors to prioritize political legitimacy over constitutional supremacy. It recommends legislative amendments limiting the DPR’s role to formal consent only and strengthening the Judicial Commission to preserve a healthy rule of law.
Copyright (c) 2025 Ari Julianto, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
Proposal to Create A Law Giving Authority to The Community of Election District to Supervise and Take Action against People's Representatives (Members of The DPR-RI) As An Implementation of Article 1 Paragraph (2) of The 1945 Constitution
This study proposes the creation of a law that gives the authority to the people of electoral districts to supervise and take action against the people's representatives (Members of the DPR-RI) as an implementation of Article 1 paragraph (2) of the 1945 Constitution, which emphasizes that sovereignty rests with the people. To date, people's representatives tend to be more loyal to political parties than to the people of their electoral districts, so that people's aspirations are often not optimally accommodated. The people only have the right to vote in elections, without adequate instruments to evaluate and take action against people's representatives who do not carry out their duties according to their mandate. This study uses a normative juridical method with a conceptual and comparative approach, analyzing applicable regulations and comparing them with practices in other countries that have implemented recall mechanisms or direct constituent supervision. The results of the study indicate the importance of this law to strengthen substantive democracy, increase the accountability of people's representatives, and narrow the gap between the DPR and the people. However, there are a number of obstacles that must be anticipated, such as resistance from political parties, the potential for politicization, and low political literacy in the community. Therefore, this draft law must be designed with a clear, transparent mechanism, and prioritize the principle of checks and balances so that it can run effectively and not be misused.
Copyright (c) 2025 Hasiholan Sihaloho, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Legal Review of Tax Dispute Resolution in the Imposition of Underpaid Income Tax
One type of tax is income tax, and if the taxpayer does not agree or reject the imposition of income tax, then under tax provisions, the taxpayer has the right to take legal action. The purpose of this study is to ascertain Indonesia's income tax laws and regulations, and to find out the efforts to resolve tax disputes that can be carried out by taxpayers who are declared to have underpaid income tax. The research methodology is a normative legal study approach that employs a qualitative investigation of legal regulations. The study's findings indicate that applicable statutory provisions serve as the foundation for legal rules. One such provision is the income tax included in Law Number 36 of 2008 concerning the Fourth Amendment to Law Number 7 of 1983 concerning Income Tax (UU PPH). Legal remedies that taxpayers can take to reject the imposition of PPH are by filing objections, appeals, lawsuits through the tax court, and if they do not agree with the tax court's decision, the taxpayer can carry out a judicial review through the Supreme Court.
Copyright (c) 2025 M. Saleh, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
Reconstruction of National Legal Policy in Facing New Modus Operandi of Narcotics Distribution Through Expedition Courier Networks
The circulation of narcotics in Indonesia is increasingly complex with the emergence of a new modus operandi that utilizes courier networks as a means of distribution. This pattern exploits gaps in supervision and weak detection systems in the logistics chain, thus expanding the reach of distribution without direct interaction between perpetrators and buyers. This study aims to reconstruct national legal policy to comprehensively respond to this phenomenon. The method used is a normative juridical approach, by analyzing relevant laws and regulations, such as Law Number 35 of 2009 concerning Narcotics and its amendments and implementing regulations, Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 1 of 2024, and Law Number 7 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 into Law (regarding the strengthening of the Criminal Code). The results of the study indicate that existing regulations do not specifically anticipate the circulation of narcotics through courier services, particularly regarding oversight mechanisms, legal responsibilities of logistics service providers, and cross-sector coordination. Therefore, policy reconstruction is needed by adding specific norms to the Narcotics Law, strengthening technical regulations in the logistics sector, and increasing law enforcement capacity based on digital detection and intelligence technology. This research is expected to contribute to the development of policies that adapt to the dynamics of narcotics crime, while strengthening public protection from the increasingly covert threat of illicit trafficking.
Copyright (c) 2025 Kaisar Julio, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
A Comparative Analysis of the Regulatory Framework for Crypto Assets as Commodities versus Securities and Its Implications for Investor Protection in Indonesia
Crypto assets have become a global phenomenon that is also growing rapidly in Indonesia, but their status remains subject to legal uncertainty. The debate over whether crypto assets should be categorized as commodities or securities has significant implications for regulatory direction, investor protection, and the stability of the national financial system. Regulation as a commodity emphasizes trade and market mechanisms, while regulation as a security focuses more on investor protection and transparency. This situation creates an urgent need for regulatory harmonization, given the potential risks arising from the lack of legal clarity, including potential investor losses, market manipulation, and weak oversight. This study seeks to examine the position of crypto assets within the Indonesian legal framework by comparing international regulatory practices, such as the stance of the Securities and Exchange Commission (SEC) in the United States and the Markets in Crypto-Assets (MiCA) regulations in the European Union. Economic Law Theory is used to understand the interaction of law with market dynamics, while Philipus M. Hadjon's Legal Protection Theory provides an analytical basis for preventive and repressive protection for investors. Furthermore, the principle of financial prudence is used as a basis for assessing the need for stronger oversight. The study's findings indicate that optimal investor protection can be achieved through clear regulations that firmly place crypto assets within the appropriate legal framework, with synergistic institutional coordination between Bappebti (Commodity Futures Trading Regulatory Agency), the Financial Services Authority (OJK), and Bank Indonesia. Going forward, comprehensive, specific regulations are essential to ensure the development of crypto assets is aligned with legal certainty, public protection, and strengthened national economic stability.
Copyright (c) 2025 Yovid, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
The Dynamics of Land Ownership and the Asynchrony of Agrarian Regulations as Triggers of Land Conflicts and Social Injustice in Indonesia
Inequality in land ownership in Indonesia is a major factor triggering agrarian disputes, primarily due to the dominance of ownership by corporations and economic elites, which restricts access to land for small communities. This situation is exacerbated by land policies that favor investment interests and weak legal protection for the rights of indigenous communities and farmers. Inconsistencies in agrarian regulations, such as overlaps between the 1960 Basic Agrarian Law (UUPA) and various derivative regulations, further complicate the resolution of land conflicts. Furthermore, weak law enforcement and the government's bias toward large investments mean that communities often lose their land rights without adequate protection mechanisms. Agrarian conflicts occurring in various regions, such as Kalimantan, Papua, Sumatra, and Java, demonstrate that land grabbing in the name of development and investment has deepened social disparities and increased economic and political instability. Therefore, agrarian policy reform that is oriented towards social justice is needed by strengthening the implementation of the 1960 UUPA, ensuring regulatory harmonization, and increasing protection of the rights of small and indigenous communities so that land can be used fairly for the welfare of the people, not just as an economic commodity for a handful of parties.
Copyright (c) 2025 Agusra Yendri, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
Omnibus Law in Legislative Drafting: Realising High-Quality Legislation in Indonesia
The implementation of the Omnibus Law method in Indonesia represents a significant innovation in the formation of legislation aimed at ensuring legal quality, coherence, and efficiency. As noted by Jimly Asshiddiqie, the Omnibus Law can serve as a corrective mechanism to overcome hyper-regulation and legal fragmentation that have long undermined legal certainty and governance. However, its application raises questions about democratic legitimacy, public participation, and the balance of power among state institutions. From Hans Kelsen’s perspective, the Omnibus Law must still adhere to the principle of a hierarchical legal order (Stufenbau theory), ensuring that every regulation derives its validity from higher norms, ultimately grounded in the 1945 Constitution of the Republic of Indonesia (UUD 1945). Thus, while the Omnibus Law offers potential to enhance the quality of legislation in Indonesia, its success depends on maintaining constitutional conformity, participatory inclusiveness, and alignment with both theoretical and practical demands of a democratic legal state.
Copyright (c) 2025 K. Johnson Rajagukguk, Faisal Santiago, Ahmad Redi https://creativecommons.org/licenses/by/4.0
The Urgency of Asset Confiscation Results of Corruption and Criminal Acts Money Laundering: Solutions to Eradicate Corruption and Reform of National Laws
Corruption and money laundering erode economic welfare and public trust, while asset recovery in Indonesia remains constrained by a fragmented, conviction-centric legal framework. This study analyzes the positive law governing confiscation of proceeds of corruption and money laundering, identifies normative and practical gaps, and assesses the urgency of adopting a dedicated Asset Forfeiture Law—particularly the introduction of non-conviction-based (NCB) asset forfeiture. Using normative (doctrinal) legal research with conceptual and comparative approaches, supported by illustrative cases, the paper finds three core problems: (1) reliance on criminal convictions impedes confiscation when defendants abscond, die, or proceedings stall; (2) regulatory disharmony and weak inter-agency coordination undermine tracing, freezing, and asset management; and (3) insufficient rules on standards of proof and governance of confiscated assets. Comparative evidence shows that NCB regimes with due-process safeguards, civil standards of proof, and specialized fora improve recovery outcomes and align with UNCAC and FATF recommendations. The study recommends enacting an Asset Forfeiture Law with robust human-rights guardrails, establishing an integrated cross-agency asset recovery unit, strengthening mutual legal assistance and international cooperation, and digitizing asset management to ensure accountability. Implementing NCB in Indonesia is both urgent and feasible to accelerate restitution of state losses, enhance deterrence, and reinforce legal-system integrity.
Copyright (c) 2025 Bambang Soesatyo https://creativecommons.org/licenses/by/4.0
The Contribution of Legal Semiotics in Unveiling Traditional Legal Texts: A Case Study of Structural Analysis of The Simbur Cahaya Law
This study discusses the contribution of legal semiotics in uncovering the meaning of traditional legal texts through a case study of the Simbur Cahaya Law (UUSC), a 17th-century codification of Palembang customary law. This study begins with the gap between the written norms resulting from the codification of tradition and the reality of the application of customary law in society. The study aims to explain the position of the UUSC codification text in the Indonesian legal system, analyze its philosophical, sociological, and juridical validity, and interpret the codification process through a legal semiotic perspective. The method used combines philological research—including manuscript inventory, description, comparison, and text editing—with normative legal research and the support of the semiotic theories of Saussure and Peirce. The results show that the UUSC is a normative artifact that reflects the combination of customary law and Islamic values and is relevant in understanding the social construction of traditional law. Through semiotic analysis, it is found that the UUSC text is not simply a written rule, but a system of signs that reflects the social structure, cultural values, and legal dynamics of the Uluan Palembang community. This study emphasizes the importance of an interdisciplinary approach to interpreting traditional legal texts in the context of modern law.
Copyright (c) 2025 Yamin https://creativecommons.org/licenses/by/4.0
Optimizing the Role of Land Digitalization in Preventing Land Certificate Forgery in a Structural Manner
The increase in land certificate fraud cases highlights the shortcomings of Indonesia's traditional land management system. Because of this circumstance, the government has decided to digitize land through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) in an attempt to establish a system that is secure, effective, and transparent. The purpose of this study is to examine how land digitization functions in preventing land certificate forgery and assess its effectiveness and implementation challenges from a legal and technical perspective. Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), Government Regulation Number 18 of 2021, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 1 of 2021 concerning Electronic Certificates are just a few of the laws and regulations that are examined using a normative juridical approach. According to the study's findings, the use of electronic certificates, or "e-certificates," can minimize the risk of forgery through a digital verification system, electronic signatures, and cybersecurity-based data storage. However, its effectiveness is still hampered by technological infrastructure, human resource capacity, and issues of personal data protection. Therefore, optimizing land digitization must be accompanied by regulatory harmonization, improved cybersecurity, and strengthening the public's digital legal literacy. These steps are a crucial foundation for realizing an accountable and equitable land system in the digital age.
Copyright (c) 2025 Yono, Megawati Barthos https://creativecommons.org/licenses/by/4.0
Legal Protection and Liability for Breaches of Confidentiality in Health Insurance Patients’ Medical Records
The implementation of procedures for opening medical records of Health Insurance patients, including Health Insurance Patients, requires legal certainty, so that what is done by doctors and health service facilities does not violate existing laws and regulations.Problem Formulation; How is the legal protection for the confidentiality of medical records of Health Insurance patients? 2. How is the legal responsibility for the confidentiality of medical records of Health Insurance patients? 3. What is the ideal legal protection for liability for violations of the confidentiality of patient medical records? The theoretical framework used is the Theory of Law Enforcement, the Theory of Justice, and the Theory of Legal Protection. The research method uses a Normative juridical research approach. The results of the research; Legal Protection for the Confidentiality of Medical Records of Health Insurance Patients, that; Philosophically and legally, medical records constitute medical confidentiality, which is everything that a patient, consciously or unconsciously, conveys to a doctor, or everything that the doctor has learned while providing health services to the patient. In carrying out its business activities, it applies the principles of Good Governance regarding information confidentiality and information transparency. Health Insurance Services, carry out the claim administration process in accordance with the standards and provisions of the Health Social Security Administration Agency Regulation Number 7 of 2018 concerning Management of Health Facility Claim Administration in the Implementation of Health Insurance. Although in submitting claims to Health Insurance "Y" is guided by the Standard Operating Procedure (SOP) based on Health Insurance Regulation Number 7 of 2018 concerning Management of Health Facility Claim Administration in the Implementation of Health Insurance. Legal Responsibility for Confidentiality of Health Insurance Patient Medical Records, has a legal basis based on Article 46 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice and the provisions of the Minister of Health Regulation Number 269/Menkes/Per/III/2008 concerning Medical Records, that in principle, legally obliged to keep medical secrets related to the implementation of medical records and health information serves to protect hospitals and doctors in terms of law (medico legal). If a doctor discloses the confidentiality of medical records without the patient's consent or written permission from the Health Insurance patient, then the doctor is deemed to have violated or deviated from the provisions of Article 47 paragraph (2) in conjunction with Article 48 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice and Article 11 paragraph (1) of Regulation of the Minister of Health of the Republic of Indonesia Number 269/Menkes/Per/III/2008 concerning Medical Records, as implementing regulations. Legal protection and legal liability for violations are integrated into Law Number 8 of 1999 concerning Consumer Protection. Furthermore, Article 48 of Law Number 29 of 2004 concerning Medical Practice deals with the preservation and disclosure of medical confidentiality.
Copyright (c) 2025 Dicky Yulius Pangkey, Veranika Santiani Fani https://creativecommons.org/licenses/by/4.0
The Role of the Constitutional Court in Legal Reform in Indonesia Through Judicial Review and Constitutional Legal Discovery
This essay examines how the Constitutional Court (MK) uses judicial review and constitutional law discovery (constitutional rechtsvinding) to strategically advance legal reform in Indonesia. The MK has the power to test laws against the constitution and interpret its fundamental principles as an organization that protects it, as stipulated in Article 24C of the 1945 Constitution of the Republic of Indonesia and operationalized by Law Number 24 of 2003 as amended by Law Number 7 of 2020. The phenomenon of increasing requests for judicial review indicates a gap between written law and the need for substantive justice in society. In this context, constitutional judges are required not to simply be mouthpieces of the law, but to investigate and comprehend the concept of social justice as required by Law Number 48 of 2009 about Judicial Power, Article 5 paragraph (1). This study demonstrates that the MK actively participates as a force for legal reform that may bridge the gap between social fairness and legal certainty by using the progressive legal theory approach developed by Satjipto Rahardjo. Decisions from the Constitutional Court, including those made during the judicial review of the Electronic Information and Transactions Law and the Job Creation Law, demonstrate the institution's transformational role in maintaining the relevance of law to current developments. Thus, the integration of judicial review and constitutional legal discovery makes the Constitutional Court a key instrument in shaping a legal system that is adaptive, responsive, and substantively just.
Copyright (c) 2025 Bambang Sujatmiko, Azis Budianto https://creativecommons.org/licenses/by/4.0
The Complexity of Proving Customs Value as an Obstacle to Law Enforcement Against Customs Crimes Based on Law Number 17 of 2006
Law enforcement against customs crimes is a crucial instrument for maintaining fiscal stability and national economic justice. However, in practice, proving customs values ??often presents a major obstacle, hampering the effectiveness of the legal process. Customs values, which should reflect the actual transaction price as stipulated in Article 15 of Law Number 17 of 2006, are often manipulated through under-invoicing, document falsification, and price manipulation. The complexity of the evidentiary process arises because most transaction documents (invoices, contracts, and proof of payment) are issued outside Indonesian jurisdiction, making it difficult for law enforcement officials to obtain authentic evidence. Furthermore, administrative audits from the Directorate General of Customs and Excise do not yet have sufficient criminal evidence following Article 184 of the Criminal Procedure Code. Consequently, many customs crime cases end at the investigation stage or are resolved through administrative sanctions without criminal liability. This research uses a normative juridical method with a statutory approach and case studies to analyze the root causes and formulate normative solutions. The study's findings indicate the need to strengthen international cooperation mechanisms, reformulate evidentiary norms in customs law, and digitize cross-border trade data systems to ensure more effective, transparent, and legal certainty in law enforcement.
Copyright (c) 2025 Anggiat Ris Hardinata N, Megawati Barthos https://creativecommons.org/licenses/by/4.0
The Absence of a Legal Protection Mechanism for Concurrent Creditors in the Distribution of Bankrupt Assets in Indonesia
Concurrent creditors are the weakest party in the Indonesian bankruptcy system. According to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, secured and preferred creditors are given priority when it comes to the distribution of bankruptcy assets, or the bankruptcy estate, while concurrent creditors only get the remaining assets after both groups have been satisfied. This condition creates inequality and injustice in the fulfillment of creditors' rights, because there is no legal protection mechanism that specifically guarantees the interests of concurrent creditors. Articles 1131 and 1132 of the Civil Code regulate the principle of paritas creditorum, namely equality among creditors, but its implementation is not reflected in the practice of bankruptcy estate settlement. This study aims to analyze the legal position of concurrent creditors, identify the absence of a protection mechanism in the Indonesian bankruptcy system, and propose a concept for a more equitable legal reformulation. Using a normative legal approach and analyzing laws and regulations and commercial court decisions, the research findings indicate that Law No. 37 of 2004 does not guarantee substantive justice for unsecured creditors. Therefore, legal reforms are needed to regulate preventive and repressive protection mechanisms so that unsecured creditors' rights can be proportionally protected in bankruptcy proceedings.
Copyright (c) 2025 Kristofer Oscar, Bambang Soesatyo https://creativecommons.org/licenses/by/4.0
Integration of Law, Economics, and Environmental Science in Realizing Equitable and Sustainable Global Resource Governance
The increasingly complex global environmental crisis demands a resource governance approach that is no longer sectoral, but rather integrative, involving the disciplines of law, economics, and environmental science. This study aims to analyze how the integration of these three disciplines can create a just and sustainable model for global resource governance. Using normative legal research methods with a conceptual and comparative approach, this study examines various national and international legal instruments, such as Law Number 32 of 2009 concerning Environmental Protection and Management, Presidential Regulation Number 98 of 2021 concerning the Economic Value of Carbon, and the 2015 Paris Agreement. The analysis shows that law serves as a normative framework to ensure certainty and fairness in resource management, economics acts as an incentive instrument through carbon market mechanisms and green investment, while environmental science provides an empirical basis for evidence-based policymaking. Integration of these three is necessary to create multi-level governance that balances the interests of development and environmental conservation. This study also recommends strengthening global coordination through the application of the principle of common but differentiated responsibilities (CBDR) and harmonization of regulations between countries to support the transition to sustainable prosperity.
Copyright (c) 2025 Andri Darmawan, Suparno https://creativecommons.org/licenses/by/4.0
A Comparative Study of Restorative Justice in Criminal Law Enforcement in Common Law and Civil Law Countries and Its Implications for Indonesian Legal Reform
This study aims to analyze and compare the application of restorative justice in the criminal legal systems of Common Law and Civil Law countries, and examine its implications for criminal law reform in Indonesia. The restorative justice paradigm emerged as an alternative to the retributive justice system, which has focused on punishing the perpetrator rather than restoring the victim and the community. Using a normative-comparative juridical approach, this study examines various restorative justice practices in the United Kingdom, Canada, and New Zealand, representing Common Law, and the Netherlands, France, and Indonesia, representing Civil Law. The analysis shows that the Common Law system is more adaptive and provides broad discretion to law enforcement officials to implement restorative-based solutions, while the Civil Law system tends to be more bound by a legalistic framework and requires firm legal regulations before implementation. Nevertheless, both systems show the same direction towards a more humanistic and participatory law enforcement. In the Indonesian context, the application of restorative justice needs to be strengthened through the harmonization of laws and regulations, increasing the capacity of law enforcement officials, and establishing an integrated penal mediation institution. These findings confirm that national criminal law reform should adopt a hybrid approach that combines the flexibility of Common Law with the legal certainty of Civil Law to create a criminal justice system that is socially just and restorative.
Copyright (c) 2025 Romadu Novelino, Azis Budianto https://creativecommons.org/licenses/by/4.0
Synergy of Administrative Law and Criminal Law as a Strategy for Harmonizing Law Enforcement Against Corruption in Government Procurement of Goods and Services
Corruption in the government procurement of goods and services (PBJ) sector is one of the most significant sources of state financial leakage in Indonesia. Although there are comprehensive administrative and criminal legal instruments, overlapping authorities and unclear boundaries of their application often create problems in law enforcement practices. This study aims to analyze the application of administrative and criminal law in PBJ, identify the factors causing disharmony, and formulate an ideal legal harmonization model to prevent and eradicate corruption effectively. Using normative juridical methods and conceptual and comparative approaches, this study examines various provisions such as Law Number 1 of 2004 concerning State Treasury, Law Number 30 of 2014 concerning Government Administration, Presidential Regulation Number 16 of 2018 in conjunction with Presidential Regulation Number 12 of 2021 concerning Procurement of Goods/Services, and Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The research results show that the dualism of administrative and criminal legal regimes leads to the criminalization of procedural violations and creates legal uncertainty. Therefore, a harmonization model based on the principles of ultimum remedium, proportionality, and institutional integration between the Corruption Eradication Commission (KPK), the Public Prosecutor's Apparatus (APIP), the Public Prosecutor's Office (LKPP), and the Supreme Audit Agency (BPK) is needed to ensure fair, effective, and accountable law enforcement.
Copyright (c) 2025 Umar Maksum, Rineke Sara https://creativecommons.org/licenses/by/4.0
Legal Reconstruction of DNA Screening Evidence of Schizophrenia in the Criminal Accountability System in Indonesia
The rapid advancement of genetic technologies, such as DNA screening for schizophrenia, presents both opportunities and challenges for the Indonesian criminal justice system. The paper investigates the necessity to restructure current norms to take into account scientific findings while respecting human rights, as well as the legislative framework controlling the use of schizophrenia DNA screening as evidence in criminal proceedings. This study combines an analysis of laws with a normative-empirical legal methodology, court decisions, and literature with insights from interviews with legal and health experts. The results show that the current Indonesian criminal procedure law, specifically Article 184 of the Criminal Procedure Code (KUHAP) and Article 44 of the Criminal Procedure Code (KUHP), does not explicitly recognize DNA-based evidence, creating legal uncertainty and potential human rights violations for defendants with mental disorders. The gap between genetic data protection in health law and criminal procedure regulations exacerbates the risk of misuse and ethical violations. This study recommends a progressive legal reconstruction that integrates DNA screening into the evidentiary system, ensuring clear legal legitimacy, procedural safeguards, and alignment with bioethical principles and international human rights standards. By establishing comprehensive regulations, technical guidelines, and developing institutional capacity, Indonesia can create a scientifically based, transparent criminal justice system that protects the rights of the accused, thus advancing substantive justice in the era of forensic technology.
Copyright (c) 2025 Veranika Santiani Fani, Riswadi https://creativecommons.org/licenses/by/4.0
Legal Reform as a Strategy to Strengthen Government-to-Government (G2G) Cooperation in Handling International Migrant Workers
This study analyzes the challenges and strategies for strengthening Government-to-Government (G2G) cooperation in handling international migrant workers from a legal perspective. Although Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law No. 6 of 2023 concerning Job Creation serve as the legal umbrella for employment, several provisions, such as Article 34 of Law 18/2017, do not yet include a mechanism for monitoring migrant workers in destination countries, creating a legal vacuum and inconsistencies with bilateral agreements and ILO Conventions No. 97 and 143. A normative juridical method was used by examining national regulations, bilateral agreements, and international conventions to identify legal weaknesses and diplomatic obstacles. The results of the study indicate the need for reformulation of bilateral agreements to make them legally binding, revision of inadequate articles, establishment of a joint monitoring mechanism, and integration of migrant worker information systems. With this strategy, G2G cooperation will not only function administratively but also become a strategic legal instrument that guarantees the rights, dignity, and welfare of migrant workers in a sustainable manner.
Copyright (c) 2025 Dwi Arie Isdiyanto, Riswadi https://creativecommons.org/licenses/by/4.0
The Authority and Independence of Tax Judges in Facing Changes in Tax Regulations and Legal Vacancies that Emerge in Tax Disputes
This study examines the authority and independence of tax judges in addressing tax law reforms and the legal vacuum that arises amid disputes in Indonesia. The study aims to analyze how tax judges interpret and apply changing regulations, maintain independence in decision-making, and address legal lacunae so that decisions remain fair and provide legal certainty for taxpayers and tax authorities. This study uses a normative juridical approach by analyzing statutory regulatory documents, tax court decisions, and related legal literature. The results show that the authority of tax judges, as regulated in Law No. 14 of 2002, Articles 2 and 5, and the General Provisions and Procedures Law Articles 13–15, provides a formal basis for assessing disputes, while the independence guaranteed by Article 3 of the Tax Court Law ensures the objectivity of decisions despite regulatory changes. Legal vacuums arise from regulatory changes that have not been procedurally or substantively accommodated, so judges must use general legal principles, the principle of justice, and legal certainty in interpreting regulations. This study emphasizes the need for continuous legal reform, strengthening interpretive guidelines for judges, and adapting strategies for decisions to ensure the credibility, fairness, and consistency of tax justice. The findings contribute to the development of legal theory and the practice of tax justice in Indonesia.
Copyright (c) 2025 Syamsul Jahidin, Rineke Sara https://creativecommons.org/licenses/by/4.0
The Inauguration of the President and Vice President by the MPR Does Not Have Constitutional Legitimacy from a State Administration Perspective
The inauguration of the President and Vice President is a crucial moment in the Indonesian state system that must be carried out in accordance with constitutional legitimacy. Legality and legal certainty are the foundation for inaugurated officials to have legitimate authority and be widely accepted. This study analyzes inaugurations conducted by the People's Consultative Assembly (MPR) without constitutional legitimacy, focusing on procedures, formal requirements, and the MPR's compliance with the 1945 Constitution, the Election Law, and related MPR regulations. The method used is a normative juridical and conceptual approach, through a review of legislation, constitutional law literature, and analysis of hypothetical cases. The results show that inaugurations without constitutional legitimacy do not meet the formal or substantive requirements stipulated in the law. It creates legal uncertainty and can weaken the principle of checks and balances, the stability of government institutions, and political legitimacy. Officials inaugurated under these conditions face legal and political challenges that can affect government effectiveness. This research emphasizes the importance of strengthening procedural mechanisms, the role of oversight bodies such as the Constitutional Court and the House of Representatives (DPR), and public legal education to ensure that the inauguration of state officials consistently complies with constitutional provisions. Recommendations include reforming inauguration regulations to clarify the authority of the People's Consultative Assembly (MPR), increasing the transparency of the process, and strengthening public understanding of constitutional principles. Implementing these measures will strengthen the legitimacy of state officials, maintain legal certainty, and support democratic stability in Indonesia.
Copyright (c) 2025 Amirudin https://creativecommons.org/licenses/by/4.0
Legal Implications of Land Conversion for Mining Activities on Community Land Rights
Land conversion for mining activities is a phenomenon that significantly impacts community land rights, especially for groups that depend on land for their livelihoods and cultural identity. In Indonesia, land conversion for mining purposes often gives rise to legal conflicts between land rights holders and mining companies that obtain permits from the government. Various regulations governing mining and land, such as the Basic Agrarian Law and the Law on Minerals and Coal (Minerba), serve as the legal basis for the land conversion process. However, in their implementation, there are overlapping regulations and legal gaps that have the potential to harm communities, particularly in protecting their land rights. This study aims to analyze legal regulations related to land conversion for mining and identify their legal implications for community land rights. Furthermore, this study also seeks to explore the forms of legal protection that can be provided to affected communities. The normative juridical technique, which looks at laws and regulations, legal theory, and legal principles related to land conversion and land rights, is the methodology employed in this study. Primary legal documents, such as international and national laws, as well as secondary legal materials, such as scholarly publications, legal literature, and the views of legal experts, make up the study's data sources. Applying a normative legal approach, this study focuses on conceptual and normative analysis of applicable legal provisions. Furthermore, this study also examines legal principles that can serve as a basis for formulating fairer and more sustainable policies in land management for mining. It is anticipated that the study's findings would help shape laws that better uphold communal land rights and reduce the likelihood of protracted agrarian strife.
Copyright (c) 2025 Royan Siagian, Ahmad Redi https://creativecommons.org/licenses/by/4.0
The Existence and Relevance of Betawi Customary Law: Maintaining Local Wisdom Amidst Jakarta's Megapolitan Development
As the indigenous people of Jakarta, the Betawi community faces an existential paradox where their identity is the foundation of the city's culture, yet they are systematically marginalized by rapid megapolitan development. Massive urbanization and modernization have not only displaced them spatially to the outskirts but also eroded their customary law practices and local wisdom. The existing legal framework, particularly Regional Regulation (Perda) No. 4 of 2015, tends to focus on preserving symbolic culture, such as arts and icons, but fails to provide substantive recognition to the Betawi community as a customary law community with collective rights. This study aims to analyze the legal limitations of Perda No. 4 of 2015 in protecting the existence of the Betawi community, examine the relevance of living Betawi customary law, such as deliberation, as a dispute resolution mechanism, and formulate the urgency of a paradigm shift from cultural preservation to rights recognition. This study uses a normative juridical method by analyzing laws and regulations, particularly Perda No. 4 of 2015, and linking it to the concept of customary law communities in the constitution and relevant legal theories. It found that the "cultural preservation" approach in the current regulation is ineffective in stemming marginalization because it does not provide a legal basis for essential rights such as land rights. On the other hand, customary law practices such as deliberation (musyawarah) have proven relevant and effective in maintaining social harmony within communities, demonstrating the persistence of local wisdom. However, without formal recognition, these mechanisms lack the legal force to withstand external pressures from development. The existence of the Betawi community is threatened because the existing legal framework is superficial. A policy reform that recognizes the Betawi community as a customary law community is needed. This recognition would provide a strong legal basis for protecting their collective rights and ensure that local wisdom is not merely preserved as an object but lives on as a relevant legal subject amidst modern Jakarta.
Copyright (c) 2025 Biem Triani Benjamin, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Legislative Reform Efforts to Ensure Child Protection and Comprehensive Handling of Sexual Violence
This study looks at legal and legislative reform initiatives aimed at protecting Indonesian children from sexual assault. Despite having a solid legal foundation thanks to laws like Law Number 35 of 2014 concerning Child Protection, the Criminal Code, the Pornography Law, and the Electronic Information and Transactions (ITE) Law, the field still faces a number of challenges, such as protracted and traumatic court proceedings for victims, a lack of child-friendly procedures, a lack of agency coordination, and social, cultural, and financial barriers. Sexual abuse has a multifaceted effect on children, including psychological trauma, societal stigma, and the difficulty of the legal system. This research examines laws and regulations using a normative juridical perspective, court decisions, and related scientific literature. The results indicate that revising the Child Protection Law, developing operational implementing regulations, strengthening criminal sanctions, integrating prevention and rehabilitation mechanisms for victims, and implementing child-friendly judicial procedures are important steps to increase the effectiveness of child protection. This study concludes that legislative reform must be supported by increased capacity of law enforcement officials, cross-sectoral coordination, and public awareness so that children's rights can be fully fulfilled and children are protected from sexual violence.
Copyright (c) 2025 Lovensky Belangi Santiago, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Toward Social Justice in Digital Transformation: Legal and Ethical Governance of Electronic Medical Records for Global Welfare
The accelerating digital transformation of healthcare across countries—driven by the adoption of Electronic Medical Records (EMR)—has reshaped the relationship between technology, ethics, and law. While EMR systems promise efficiency and interoperability, they also raise pressing issues of privacy, accountability, and equitable access. In developing contexts such as Indonesia, the challenge lies not only in technological implementation but also in ensuring that digital governance upholds the principles of social justice and human dignity. This study investigates how legal and ethical frameworks governing EMR in Indonesia align with global standards of justice and digital welfare. It aims to identify the normative gaps between regulation, ethics, and practice in digital health governance, proposing a regional framework for “digital justice.” Employing a qualitative legal-ethical approach, the study conducts comparative document analysis and case study evaluation of EMR regulations, including Indonesia’s Law No. 27/2022 on Personal Data Protection (Republic of Indonesia, 2022). These are benchmarked against international references such as the General Data Protection Regulation (GDPR), the WHO Digital Health Ethics Framework, and the OECD Principles on Data Governance. The comparative analysis reveals four thematic insights: (1) legal compliance and ethical governance; (2) digital inclusion and justice are hindered by structural disparities; (3) accountability mechanisms are underdeveloped; and (4) social justice principles are not yet institutionalized in digital health policy. The paper argues that sustainable digital transformation must integrate ethical equity, legal accountability, and participatory governance as interdependent pillars of “social justice in digital transformation.” The proposed model contributes to policy harmonization in Indonesia and reinforces the legitimacy of digital health governance within global welfare discourse.
Copyright (c) 2025 Ade Netra Kartika, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Legal Vacancy in the Application of Exclusionary Rules of Evidence in the Process of Proving Narcotics Crimes in Indonesia
Evidence in narcotics cases plays a crucial role in determining substantive justice for the accused. One issue that arises in legal practice in Indonesia is the use of illegally obtained evidence, which has the potential to violate human rights and the principle of due process of law. In the modern criminal law system, the principle of exclusionary rules of evidence is recognized, namely, rules that exclude or reject evidence obtained unlawfully from being used in court. This principle aims to prevent abuse of authority by law enforcement officers and maintain fairness in the criminal justice system. However, in Indonesia, regulations regarding exclusionary rules of evidence are not explicitly regulated in the Criminal Procedure Code (KUHAP) or other laws and regulations, resulting in a legal vacuum in their application, especially in narcotics cases that often involve wiretapping, searches, and seizures by law enforcement officers. This study aims to analyze the legal regulations related to exclusionary rules of evidence in Indonesian criminal procedure law and identify legal vacuums in their application to evidence in narcotics crimes. This research employs a normative juridical method with a statutory and conceptual approach. The data used was obtained through a literature review of relevant legal regulations, legal doctrine, and court decisions. Using this approach, this research seeks to provide recommendations for legal reform that can address the legal gap in the application of exclusionary rules of evidence in Indonesia, particularly in handling narcotics crime cases, in order to align with the principles of due process of law and human rights protection.
Copyright (c) 2025 I Made Juni Artawan, Ahmad Redi https://creativecommons.org/licenses/by/4.0
An Analysis of Indonesian Customs Law in Facing Cross-Border Digital Trade: Regulatory Challenges and Adaptive Strategies
Cross-border digital trade (cross-border e-commerce) has transformed the global customs landscape, including in Indonesia. This study examines the readiness and response of national customs laws to the flow of digital goods across national jurisdictions. Using a normative juridical approach and policy analysis, the study identifies regulatory challenges, oversight gaps, and adaptive strategies needed to safeguard fiscal interests and consumer protection. Key challenges identified include massive undervaluation practices, gaps in law enforcement against corporate entities, and the inability of the existing Customs Law to regulate Commercial Transaction Data as legal evidence. This article offers specific recommendations for customs law reform that are more responsive to the digital era, including proposed amendments to Law Number 17 of 2006 concerning Customs in Articles 1, 15, 22, and 102.
Copyright (c) 2025 Handoko Nindyo Wardono, Binsar Jon Vic https://creativecommons.org/licenses/by/4.0
Constitutional Imperative and Three Dimensions of Legal Development: Analysis of Legal Politics of Tax Court Transition to Supreme Court (2024-2027)
The integration of the Tax Court (TC) into the Supreme Court (SC) on December 31, 2026, represents a constitutional mandate aimed at eliminating dualistic supervision and ensuring judicial independence, while simultaneously serving as a fiscal imperative amid Indonesia's persistently low tax ratio. This study critically examines the transitional phase from 2024 to 2027 through three dimensions of legal development: maintenance, renewal, and creation. The methodology employed is normative legal research (doctrinal) combined with policy analysis, encompassing statutory, conceptual, and comparative approaches to primary documents including the Draft Presidential Regulation (R-Perpres) and Constitutional Court decisions. The findings reveal three principal challenges. First, the risk of normative discontinuity, whereby standardization of administrative court procedural law may erode the TC's distinctive characteristic—its comprehensive review authority (legal, material, and discretionary aspects). Second, a human resource dilemma, as the hold harmless principle must encompass the alignment of judicial specialization and address disparities in performance allowances. Third, operational and logistical vulnerabilities stemming from the TC's dependence on Ministry of Finance infrastructure until 2027, which impedes digital modernization initiatives (e-tax court and AI). The study concludes that successful transition requires the SC to promptly establish technical regulations (PERMA) that preserve tax judicial specialization and ensure adequate budgetary allocation, thereby safeguarding the integrity and efficiency of fiscal law enforcement.
A New Paradigm for Judicial Scrutiny of Tax Discretion in Indonesia: Re-evaluating the 'Element of Justice' through the Substance Over Form Doctrine Following SEMA 02/2024
This study undertakes a comprehensive examination of the judicial review framework governing the discretionary authority of Indonesia's Director General of Taxes (DGT), as conferred by Article 36(1)(b) of the General Tax Provisions and Procedures Law (UU KUP), particularly in the wake of Supreme Court Circular No. 02 of 2024 (SEMA 02/2024). A central legal inquiry is addressed: does the issuance of SEMA 02/2024 insulate this discretionary power from judicial oversight, effectively rendering it an absolute authority? Employing a normative legal research methodology, this paper contends that the General Principles of Good Governance (AUPB) are an unsuitable standard for evaluating such discretion due to their inherent abstraction when applied to concrete tax disputes. In their place, this analysis posits that a foundational doctrine of tax law—substance over form—offers the most pertinent and effective test for the "element of justice" mandated by the statute. The core argument advanced is that Article 36(1)(b) does not grant unfettered discretion but rather a bound authority (gebonden discretie), intended to uphold material truth in circumstances where formal procedural avenues, such as time-barred objections, are no longer available. Consequently, SEMA 02/2024 does not abolish judicial review but fundamentally transforms it. The Tax Court's role shifts from adjudicating the substance of a tax assessment to scrutinizing the legality and reasonableness of the DGT's application of the substance over form principle in its decision-making process. This thesis is corroborated by empirical data from post-SEMA judicial rulings, which reveal continued and active judicial oversight concerning the legality of discretionary applications. The paper concludes with a recommendation for the DGT to formulate internal guidelines predicated on the substance over form principle to bolster legal certainty and administrative accountability.
Copyright (c) 2025 Riztiar Arinta, Binsar Jon Vic https://creativecommons.org/licenses/by/4.0
The Existence of PT Pegadaian as a Bullion Bank Business Player in Indonesia
This study aims to analyze the existence of PT Pegadaian as a player in the bullion banking business in Indonesia, explore the most appropriate institutional structure, and formulate strategies and efforts to win the competition. PT Pegadaian, as a Non-Bank Financial Institution (LKBB) with strong infrastructure, networks, and public trust, and long experience in the gold business, has significant potential to play a role in bullion banking services, namely financial institutions that manage gold-based trading, storage, financing, and investment activities. This is in line with global trends and the increasing interest of the Indonesian public in stable investment instruments with high intrinsic value, namely gold. This study uses normative legal research methods with a conceptual and legislative approach. The primary data sources include literature, laws and regulations related to financial institutions, banking, LKBB, and gold (bullion) governance, as well as comparative studies of bullion banking practices in other countries. Data analysis was conducted using a descriptive-qualitative approach to evaluate PT Pegadaian's position, potential, and legal framework and to formulate strategic recommendations.
Copyright (c) 2025 Muhammad Yusuf Y. Badar, Subianta Mandala https://creativecommons.org/licenses/by/4.0
Regulatory Gaps and Government Oversight of Bauxite Mining Exploitation in Indonesia
Bauxite mining exploitation in Indonesia demonstrates a serious gap between government regulation and oversight. Although a legal framework is in place through Law Number 3 of 2020 concerning Mineral and Coal Mining and its derivative regulations, its implementation remains weak due to disharmony between agencies and overlapping authority between the central and regional governments. This study aims to analyze the regulatory and oversight gaps in bauxite mining management and their implications for legal certainty and environmental sustainability. The research method used is a normative juridical approach, examining laws and regulations, legal literature, and empirical data related to mining oversight practices in several bauxite-producing regions. The results indicate that weak inter-agency coordination, a shortage of mining inspectors, and minimal transparency of production and export data are the main causes of weak oversight. Furthermore, the lack of integration between technical and environmental policies creates a gray area that business actors exploit to avoid legal obligations. This gap has resulted in increased environmental damage, legal uncertainty, and a decline in public trust in the government. Regulatory reform measures are needed through inter-agency harmonization, strengthening digital-based oversight capacity, and involving the public in evaluating mining activities to create a transparent, equitable, and sustainable mining governance system.
Copyright (c) 2025 Robertus Hadi Susanto, Richard https://creativecommons.org/licenses/by/4.0
Lack of Regulations Regarding the Maximum Limit of Compensation That Can Be Charged to Notaries for Negligence in Making Authentic Deeds
Article 84 of Law Number 2 of 2014 concerning the Notary Public (UUJN) stipulates that notaries may be subject to compensation sanctions if they are negligent in making authentic deeds. However, the article does not stipulate a maximum limit for compensation that can be imposed, thus creating a legal vacuum that impacts legal certainty and protection for notaries and the public. This ambiguity opens up opportunities for excessive lawsuits and an imbalance between professional responsibility and legal protection for public officials. This study uses a statutory and conceptual approach by examining the relationship between Article 84 of the UUJN, Article 1365 of the Civil Code concerning unlawful acts, and Article 1243 of the Civil Code concerning breach of contract. The results indicate that the regulation of notary liability is still general and does not fulfill the lex certa principle as required by the theory of legal certainty. Comparison with the legal systems in the Netherlands, Germany, and France shows that the regulation of notary liability limits through a system of limited liability and professional liability insurance can provide balanced protection for the profession and service users. This study recommends revising Article 84 of the UUJN by adding provisions on maximum compensation limits, establishing implementing regulations, and implementing a mandatory professional insurance system. These regulations are expected to achieve justice, legal certainty, and proportional protection for all parties.
Copyright (c) 2025 Yanah Susanti, Subianta Mandala https://creativecommons.org/licenses/by/4.0
Renewal of Judges' Authority in Handling New Disputes by Filling Legal Vacancies through Analogical Interpretation and Application of the Principle of Justice
This study examines the authority of judges in handling new cases and filling legal gaps through analogical interpretation and the application of the principle of justice. A legal vacuum (vacatio legis) arises when the law fails to explicitly regulate new legal phenomena, thereby posing challenges for judges in upholding legal certainty and substantive justice. The study uses a normative juridical approach in analyzing statutory regulations, the Civil Code, the Criminal Procedure Code, jurisprudence, and related legal literature. The results indicate that judges have limited authority to interpret the law analogically and consider the principle of justice, as long as they do not exceed the principle of legality and the limits of authority granted by law. The analogical interpretation allows judges to refer to similar norms to resolve new cases, while the justice principle as a guideline for maintaining fair and proportional treatment for the parties. The application of these two instruments fills legal gaps, maintains consistency in decisions, and balances legal certainty with substantive justice. However, the use of analogy and the principle of justice also carries risks, such as the potential for differences in interpretation between judges that can lead to inconsistencies. Therefore, judges are advised to apply this method proportionally, with clear and documented legal considerations, and to strengthen internal guidelines so that decisions remain valid, fair, and credible.
Copyright (c) 2025 Ismu Bahaiduri Febri Kurnia, Rineke Sara https://creativecommons.org/licenses/by/4.0
The Effectiveness of Cooperation between Polairud and Other Institutions in Handling Illegal Fishing Crimes in Indonesian Waters
This study examines the effectiveness of cooperation between the Directorate of Water and Air Police (Polairud) and other institutions in addressing illegal fishing in Indonesian waters. The phenomenon of illegal fishing, particularly by foreign vessels in the Exclusive Economic Zone (EEZ), has caused significant economic, social, and ecological losses. Polairud, as a maritime law enforcement agency, plays a crucial role in patrolling, investigating, and securing maritime areas. However, its effectiveness relies heavily on synergy with other institutions such as the Ministry of Maritime Affairs and Fisheries (KKP), the Indonesian Navy, and the Maritime Security Agency (Bakamla). This study uses a juridical-empirical approach with qualitative analysis of statutory data, institutional documents, interviews, and reports of joint patrol activities. The results indicate that inter-agency cooperation has been implemented through integrated patrols, information exchange, and technical training, but still faces obstacles such as overlapping authority, sectoral egos, and limited patrol and communication facilities. Regulatory harmonization increased inter-agency coordination, and the establishment of a Joint Command Center as a joint control center for maritime law enforcement are needed. Strong institutional synergy will strengthen efforts to eradicate illegal fishing and guarantee protection of the sovereignty and sustainability of Indonesia's marine resources.
Copyright (c) 2025 Moch Abdan Salam, Richard https://creativecommons.org/licenses/by/4.0
Evaluation of Changes in Patient Data Protection Regulations and Legal Obligations of Radiologists in The Era of Health Service Digitalization
The digital transformation in the healthcare sector has transformed the way patient data is managed, including in radiology, which now relies on electronic systems such as the Picture Archiving and Communication System (PACS). This change has created an urgent need for regulations capable of protecting medical data from potential leaks and misuse. This study aims to evaluate changes in patient data protection regulations and examine the legal obligations of radiologists in the era of digital healthcare services. The method used is normative juridical research with a statutory and conceptual approach, utilizing primary legal materials in the form of Law Number 27 of 2022 concerning Personal Data Protection and Law Number 17 of 2023 concerning Health, as well as secondary legal materials such as journals, books, and health law doctrine. The analysis shows that both laws have strengthened legal protection for patient data through stricter regulations regarding electronic medical records, data controller obligations, and sanctions for violations of personal data protection. However, the implementation of these regulations still faces technical and normative obstacles, including weak digital infrastructure, lack of legal literacy among medical personnel, and suboptimal inter-agency coordination. Radiologists' legal obligations now extend to the realm of digital ethics, including responsibility for the security of electronic patient data. Regulatory harmonization and strengthening of digital medical data protection policies are needed to ensure legal certainty and maintain public trust in digital healthcare services.
Copyright (c) 2025 Yuki Mulyani, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Efektivitas Hukum dalam Pemanfaatan Teknologi Informasi terhadap Proses Litigasi di Pengadilan Negeri Kota Jambi
Perkembangan teknologi dan era Revolusi Industri 4.0 mendorong Mahkamah Agung Republik Indonesia untuk melakukan inovasi dalam sistem peradilan agar proses litigasi menjadi lebih efisien, cepat, dan terjangkau. Salah satu langkah konkret adalah penerbitan Peraturan Mahkamah Agung Nomor 3 Tahun 2018, yang kemudian diperbarui menjadi Peraturan Mahkamah Agung Nomor 1 Tahun 2019, yang mewajibkan seluruh pengadilan di Indonesia, termasuk Pengadilan Negeri Kota Jambi, untuk melaksanakan persidangan elektronik atau e-litigasi. Penelitian ini bertujuan untuk menganalisis efektivitas hukum dalam pemanfaatan teknologi informasi pada proses litigasi, dengan fokus pada pelaksanaan, kendala, dan upaya penyelesaian dalam penerapan e-litigasi di Pengadilan Negeri Kota Jambi. Analisis menggunakan teori efektivitas hukum Soerjono Soekanto.Hasil penelitian menunjukkan bahwa penerapan e-litigasi belum sepenuhnya efektif. Faktor hukum, penegak hukum, masyarakat, dan budaya masih menjadi kendala utama, sementara sarana dan prasarana pendukung menunjukkan hasil yang lebih baik. Hambatan lainnya meliputi kurangnya ketentuan yang mengikat dan sosialisasi e-litigasi yang terbatas. Upaya perbaikan dapat dilakukan melalui penyempurnaan regulasi dan peningkatan sosialisasi secara berkelanjutan.
Copyright (c) 2026 Islah Islah, Nella Octaviany Siregar, Tresya Tresya https://creativecommons.org/licenses/by/4.0