Greenation International Journal of Law and Social Sciences
Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the advancement of technology and education. The writings on GIJLSS will make a significant contribution to critical thinking in the scientific field in general, particularly in the fields of Law and Social Sciences. Editors accept manuscripts that have never been published by other media. The research published is the personal opinion of the researcher and is not the opinion of the editor or Greenation Research. Journal published periodically 4 (four) times a year, namely in March, June, September, and December. The selection of articles to be published in GIJLSS has gone through a review process by the editorial team taking into account the following: Fulfillment of the standard requirements for journal publication, research methods used, significance, and contribution of research results to the development of the science of Law and Social Sciences. Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal managed by Greenation Research under the auspices of the Global Research National Foundation (GREENATION) and Winaya Mukti University (UNWIM) Bandung.
Greenation Research & Yayasan Global Resarch National
Copyright : Authors who publish their manuscripts in this journal agree to the following conditions: Copyright in each article belongs to the author. The author acknowledges that the Greenation International Journal of Law and Social Sciences (GIJLSS) has the right to be the first to publish under a Creative Commons Attribution 4.0 International license (Attribution 4.0 International CC BY 4.0). Authors can submit articles separately, arrange the non-exclusive distribution of manuscripts that have been published in this journal to other versions (for example, sent to the author's institutional repository, publication in a book, etc.), by acknowledging that the manuscript has been published for the first time at GIJLSS.
Representations of Talking About Trauma and its Healing in the Film “Bolehkah Sekali Saja Kumenangis” (May I Cry Just Once): A Case Study of UGJ Students
Representation is an important concept in understanding how meaning and language are constructed within a culture. Representation can be used to analyze how mental conditions such as trauma, anxiety, fear, and depression are represented. Trauma can have a significant impact on a person's life and requires a complex healing process. Therefore, the representation of trauma and its healing in films is an interesting topic to study. This study uses Roland Barthes' semiotic analysis approach, introducing several methodologies that have been widely applied in various fields of research. The semiotic framework can be categorized into three main methods: denotative, connotative, and mythical. The results and discussion of the study entitled “Representations of trauma and its healing in the film ”Bolehkah Sekali Saja Kumenangis“ (Can I Cry Just Once): A case study of UGJ students” reveal how this film depicts traumatic experiences and the healing process through its characters. This study successfully reveals how the film “Bolehkah Sekali Saja Kumenangis” functions as a medium for talking about trauma and the healing process. Through Roland Barthes' semiotic approach, analysis of the visual and narrative signs in the film shows that the representation of trauma not only describes the experiences of individuals exposed to difficult situations, but also highlights the importance of the healing process involving social support and interaction with the environment.
Copyright (c) 2025 Fadhila Azzahra, Siti Nurbaiti, Farida Nurfalah https://creativecommons.org/licenses/by/4.0
Ethics and Accountability in Education: Tackling Corruption and Cultivating Integrity Through Values-Based Education
Corruption and a lack of integrity pose significant challenges to the credibility and effectiveness of educational institutions. These issues undermine academic standards, erode public trust, and can have long-term negative effects on societal development. In response to these pervasive problems, this study investigated the effectiveness of values-based education and ethics-focused curricula as tools for tackling corruption and fostering integrity in tertiary institutions in Anambra State. The study used a quantitative survey to examine the impact of values-based education on ethics and corruption within tertiary institutions in Anambra State. A sample of 140 students was selected through stratified random sampling. Data was collected using a structured questionnaire with a 4-point Likert scale. The survey measured perceptions on the role of values-based education, the manifestation of corruption, and the influence of ethics curricula and policies. Statistical analysis was conducted using SPSS, employing the Chi-Square Test of Independence, directional measures like Lambda, and symmetric measures like Cramer's V to determine associations between variables. Findings revealed a significant, positive relationship between values-based education and promoting ethical behavior among students. However, the study failed to find a statistically significant association between corruption's direct impact on teaching or the influence of broad ethical policies. The results suggest that while direct educational interventions are effective, the implementation and enforcement of institutional policies may require further investigation. The study recommends that future research use mixed-methods to gain a more comprehensive understanding of these dynamics.
Copyright (c) 2025 Adaobi Jennifer Iloakasia https://creativecommons.org/licenses/by/4.0
Protection of Children Exposed to Terrorism
Children exposed to terrorism represent a highly vulnerable group often overlooked in national security policies and legal frameworks. Rather than being recognized as victims of extremist environments they did not choose, these children are frequently perceived as potential threats. This article explores the legal, psychological, and social dimensions of child protection within the context of violent extremism in Indonesia. Employing a qualitative descriptive approach through literature-based research, the study finds that although Indonesia has enacted legal instruments such as the Child Protection Law and Anti-Terrorism Law, there remains a lack of specific regulations addressing the protection of children in terrorism-related situations. Key challenges include the absence of technical guidelines, weak institutional coordination, and persistent social stigma, all of which hinder the rehabilitation and reintegration process. Policy reform is urgently needed, including the development of child-centered legal provisions, psychosocial recovery frameworks, and stronger community involvement. Inclusive and sustainable protection efforts are essential to uphold children's rights, even in the face of ideological violence.
Copyright (c) 2025 Widya Romasindah Aidy, Laksanto Utomo, Rahmat Saputra, Tubagus Darojat https://creativecommons.org/licenses/by/4.0
Limitations on The Right to Legal Counsel for Criminal Defendants in Light of The Principle of Equality Before The Law
The principle of equality before the law is a fundamental principle in a democratic state governed by the rule of law. This principle guarantees that every individual, regardless of their background, is treated equally under the law. In the context of the criminal justice process, the application of this principle is closely linked to the right to legal assistance for criminal offenders. This journal aims to analyze the juridical and practical limitations on the right to legal assistance and their impact on the enforcement of the principle of equality before the law in Indonesia. The research method used is normative-empirical, which involves examining relevant legislation (the Indonesian Criminal Procedure Code and the Legal Aid Law) and empirical data from the field. The findings indicate that although the right to legal assistance is guaranteed by the constitution, its implementation still faces serious challenges, especially for indigent criminal offenders. These limitations create procedural and substantive inequality, which ultimately reduces justice. The journal recommends the need for legal and policy reforms to strengthen access to legal aid, so that the principle of equality before the law can be fully realized.
Copyright (c) 2025 Sarman Sarman, MS. Tumanggor, Lukman Hakim, Septi Ayu Wulandari, Trias Saputra https://creativecommons.org/licenses/by/4.0
The Role of Global Multilateralism in Combating Terrorism
This article discusses the role of global multilateralism in combating transnational terrorism. Modern terrorism has evolved beyond physical violence to include transnational networks that utilize technology, social media, and global ideology. In the face of this complexity, a multilateral approach is a crucial strategy because it enables cooperation between countries in the exchange of intelligence information, harmonization of legal policies, and collective action through international institutions such as the UN, INTERPOL, and the FATF. Using a qualitative-descriptive approach, this article examines the effectiveness of multilateralism through case studies of ISIS and Al-Qaeda. The results show that multilateralism has significantly contributed to limiting the scope for terrorist groups to operate, although challenges such as political inequality and limited coordination remain obstacles. This article emphasizes that multilateralism is not just a diplomatic tool, but a strategic necessity in building a sustainable global system for countering terrorism.
Copyright (c) 2025 Ramlani Lina Sinaulan, M. Djafar Shodiq, Supaphorn Akkapin https://creativecommons.org/licenses/by/4.0
Comparative Analysis of Child Protection Laws: Lessons for Indonesia in Safeguarding Children with Disabilities from Sexual Abuse
The issue of sexual abuse against children with disabilities remains a critical concern globally, with such children being more vulnerable than their peers without disabilities. This paper examines the gaps and challenges in child protection laws, with a particular focus on Indonesia, through a comparative analysis of international frameworks. While Indonesia has made progress through reforms like the 2016 Child Protection Law and the 2022 Sexual Violence Crime Law, it still faces challenges in addressing the specific needs of children with disabilities. These children often struggle with communication barriers, cognitive limitations, and societal stigma, which prevent them from reporting abuse and hinder justice. Drawing on the experiences of countries like the United Kingdom, Australia, and Canada, the paper identifies key lessons for strengthening Indonesia’s legal frameworks. The UK’s comprehensive approach to child protection, Australia’s rights-based system, and Canada’s integration of Indigenous perspectives provide valuable insights for Indonesia. The paper argues that Indonesia should expand its legal protections, enhance access to justice, and adopt a multidisciplinary approach to safeguarding children with disabilities. It emphasizes the importance of cultural sensitivity and the use of technology in improving child protection systems. Ultimately, the paper calls for a shift towards a rights-based model, ensuring that children with disabilities are empowered and protected in Indonesia and beyond.
Copyright (c) 2025 Nur Afiyah, M.S. Tumanggor, Erwin Owan Hermansyah, Edi Saputra Hasibuan https://creativecommons.org/licenses/by/4.0
Asset Forfeiture and The Management of Seized and Confiscated Property as an Effort Toward Asset Recovery in Indonesia and Thailand
Asset forfeiture/confiscation constitutes a key instrument in the enforcement of economic crimes, corruption, and money laundering offenses. This research compares the legal framework, the institutional functions, the mechanisms of implementation, as well as the strengths and weaknesses of asset forfeiture practices in Indonesia and Thailand. The methodology applied is normative juridical combined with a comparative approach, primarily through the examination of statutory regulations. The findings reveal that Thailand adopts a combination of criminal and non-conviction-based (NCB) mechanisms, primarily under the Anti-Money Laundering Act, with institutions such as the Anti-Money Laundering Office (AMLO) and the National Anti-Corruption Commission (NACC) playing an active role. In contrast, Indonesia currently emphasizes conviction-based mechanisms, with asset management divided among several state agencies. Nevertheless, ongoing reform efforts are underway, including the legislative debate on the Draft Bill on Asset Forfeiture, which seeks to introduce a more comprehensive framework for asset seizure and management. The recommendations advanced include juridical harmonization, strengthening institutional capacity for asset management, enhancing inter-agency cooperation mechanisms, and promoting transparency in asset auctions and restitution.
Copyright (c) 2025 Nina Zainab, MS. Tumanggor, Amalia Syauket, Clara Ignatia Tobing https://creativecommons.org/licenses/by/4.0
Comparison of Personal Data Protection in Indonesia and Thailand: Case Studies and Comparisons
One of the objectives of the creation of Law Number 27 of 2022 concerning Personal Data Protection is for the public to understand Information about the clarity of identity, the basis of legal interests , the purpose of requests and use of Personal Data , and the accountability of parties requesting Personal Data. On the one hand, the presence of Law Number 27 of 2022 concerning Personal Data Protection in Indonesia is considered quite late with the quite rampant cases of misuse of personal data and personal data leaks . cases of misuse of personal data and personal data leaks are quite rampant in Indonesia, for example the problem of personal data leaks in the JKN application where as many as 279 million personal data of residents in BPJS Kesehatan were leaked due to failures in managing personal data security. In addition, there was the theft of consumer data of Tokopedia application users as much as ± 91 million user data, due to Tokopedia being hacked by hackers . From the description, it is known that the purpose of this study is to determine the legal protection model for personal data for JKN Mobile Application users from the perspective of Law No. 27 of 2022 concerning Personal Data Protection , and to encourage the immediate establishment of a Personal Data Protection Agency or Commission to address all issues of leaks and Illegal Access of Personal Data in Indonesia. The research method in this study is a normative juridical method using secondary data and descriptive analysis. The results show that both Indonesia and Thailand have demonstrated a commitment to protecting personal data by adopting a modern legal framework. Thailand's PDPA has advantages in terms of earlier implementation time and a more mature supervisory agency. Meanwhile, Indonesia's PDP Law is still in the early stages of implementation, with technical regulations being prepared, including the establishment of a special supervisory agency.
Copyright (c) 2025 Afnan Rifai Sulistyo, Laksanto Utomo, Erwin Owan Hermansyah, Rahmat Saputra https://creativecommons.org/licenses/by/4.0
Ecotheology in Public Procurement: Systematic Review in Reshaping Interrelationships Between Religion, Nature, and Humanity to Answer Economic Challenges in the Digital Era
The relation between the digital economy, procurement, and ecotheology is complex and contradictory. The digital economy provides powerful tools to make procurement more sustainable, aligning with ecotheological goals. However, it also presents significant environmental and ethical challenges, such as energy consumption and e-waste, that procurement must address to uphold ecotheological principles. This study examines the ecological approach in public procurement further. This study is a literature review as an application of a qualitative approach with several reasons. Especially, when done well, it makes it possible synthesis combine dissimilar discoveries to produce new theoretical frameworks or conceptual models, transforming existing knowledge into a fresh contribution. The conclusion is that in order to match government expenditure with long-term ecological, social, and economic health, embracing this viewpoint is not just a "nice-to-have" but rather a basic requirement. However, in order to redefine success beyond short-term cost savings, considerable institutional and cultural barriers must be overcome. Even while this strategy provides a strong moral foundation for building a just and sustainable economy, there are substantial institutional and cultural obstacles to overcome before its full potential can be achieved.
Copyright (c) 2025 Dedy Fadly https://creativecommons.org/licenses/by/4.0
Environmental Law in Responding to Environmental Damage Due to Carbon Emissions
Carbon emissions are a major contributor to environmental damage and global climate change. This article examines the role and effectiveness of environmental law in Indonesia in addressing damage caused by carbon emissions, using an empirical juridical approach. Through legislation such as Law Number 32 of 2009 concerning Environmental Protection and Management and Presidential Regulation Number 98 of 2021 concerning the Economic Value of Carbon, it is found that Indonesia has a sufficient legal basis from a normative perspective. However, the case studies of the Suralaya coal-fired power plant and the forest fires in Riau demonstrate that law enforcement remains weak, inconsistent, and often biased against ecological victims. An analysis of expert citations highlights the importance of law as a transformative instrument that not only regulates but also protects and enforces the law. This article recommends law enforcement, criminal sanctions against corporations, and public involvement in oversight as concrete steps towards ecological justice and sustainable development.
Copyright (c) 2025 Marsha Angelina Utoyo Sinaulan, Rahmat Saputra, Sugeng https://creativecommons.org/licenses/by/4.0
Customer Engagement as the Key to Customer Loyalty in Saung Apung Harvest City Restaurant
This study aims to determine customer engagement as the key to customer loyalty at Saung Apung Harvest City Restaurant. This study used the Two-Way Symmetrical Model, which emphasizes mutual understanding between organizations and their publics. The research is qualitative, using the Constructivism paradigm, with field data collection conducted through observation, interviews, and documentation. The results of the study found that two-way communication between management and customers builds customer engagement in providing information, comments, and suggestions to management for the improvement and enhancement of the restaurant's performance, ambience, and the taste of the food and beverages served. Saung Apung Restaurant is also unique in that it is located quite far from the center of town, with no physical signs indicating its presence, yet customers still choose to visit and enjoy the dishes served at Saung Apung Restaurant. Management also strives to build good relationships with customers to increase loyalty and ensure the growth and sustainability of the restaurant in a highly competitive market.
Copyright (c) 2025 Nuriyati Samatan, Mulharnetti Syas, Robingah, Jun Firmansyah, A. Saifulloh https://creativecommons.org/licenses/by/4.0
The Urgency of Reforming the Law on Pre-Order Property Purchases Without Banks: Towards a More Transparent and Accountable System
This paper examines in depth the practice of off-plan property sales without banks in Indonesia, which is growing in popularity alongside the growth of the property industry. This study aims to analyze the relevant legal regulations, identify the legal risks faced by consumers, and formulate recommendations to strengthen consumer protection. The research method uses a normative juridical approach, examining legislation, court decisions, and legal literature. The results show that the existing legal framework is inadequate to protect consumers in off-plan transactions without banks, giving rise to significant risks such as developer default, poor building quality, and information asymmetry. Existing consumer protection mechanisms, such as the UUPK and BPSK, are also considered ineffective. This paper recommends revising the UUPK, implementing escrow accounts, requiring project completion insurance, strengthening government supervision, and improving consumer literacy. With the implementation of these recommendations, it is hoped that a more fair, transparent, and sustainable property industry can be created, which protects consumer rights and encourages inclusive economic growth.
Copyright (c) 2025 Didy Hermawan, Suparno https://creativecommons.org/licenses/by/4.0
Reconstructing the Governance of Hajj and Umrah Administration in Indonesia
Context; In Indonesia, the management of the Hajj and Umrah symbolizes both the state's obligation to provide sufficient protection and the inhabitants' constitutional right to exercise their religion freely. The governance of the Hajj and Umrah, as a strategic form of public service, is nevertheless beset by issues including illegal brokerage, inadequate service infrastructure, quota uncertainty, and lax bureaucratic control. There are still gaps between legal frameworks and actual implementation, even after Law No. 8 of 2019 on the Administration of Hajj and Umrah was passed. GoalBy putting forth a framework that improves legal clarity, accountability, transparency, and equity in service delivery, this study seeks to rebuild Indonesia's Hajj and Umrah governance. Techniques; Data were gathered through in-depth interviews with stakeholders, such as the Ministry of Religious Affairs, travel agencies that offer the Hajj and Umrah, and pilgrims, using an empirical juridical method. The investigation concentrated on locating bureaucratic procedures, regulatory loopholes, and reform prospects via digital innovation and democratic supervision. Finding, The results point to three main problems with the governance of the Hajj and Umrah: a lack of coordination between rules and administrative procedures, a low level of pilgrim participation in policymaking, and a poor use of digital technologies to guarantee efficiency and transparency. Conclusions In order to rebuild the governance of the Hajj and Umrah, it is necessary to embrace participatory supervisory models that go above and beyond the bare minimum, reinforce laws based on substantive justice, and put in place an integrated digital system for handling pilgrim data. Theoretically, this work advances the discussion of administrative law; practically, it makes policy proposals to enhance government. In the end, the study backs the implementation of more effective, fair, and transparent Hajj and Umrah services in Indonesia.
Copyright (c) 2025 Muhammad Farid Aljawi, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Effective Strategy for Enforcing Cross-Border Drug Laws Through Package Delivery
Transnational drug abuse through package delivery poses a serious threat to global public security and health. The increasingly sophisticated and complex nature of cross-border drug trafficking requires an effective response from law enforcement agencies. This study aims to analyze the strategy of transnational drug law enforcement through package delivery and identify challenges and effective solutions. This study uses legal analysis and literature study methods by collecting data from various sources, including literature, laws and regulations, and reports from law enforcement agencies such as the Narcotics Directorate of the Indonesian National Police Criminal Investigation Agency, the National Narcotics Agency (BNN), and the Directorate General of Customs and Excise. This study found that transnational drug law enforcement through package delivery requires effective international cooperation, sophisticated surveillance technology, and clear regulations. Effective strategies include increasing the capacity of law enforcement agencies, developing surveillance technology, and enhancing international cooperation. However, the implementation of law enforcement still faces challenges, such as the complexity of international drug networks and limited resources. Transnational drug law enforcement through package delivery requires a comprehensive approach and effective international cooperation. Effective strategies can increase the effectiveness of law enforcement and reduce transnational drug trafficking. Therefore, it is necessary to increase international cooperation, increase the capacity of law enforcement agencies, and develop surveillance technology to increase the effectiveness of cross-border drug law enforcement.
Copyright (c) 2025 Muhammad Sujatno Setyawan, Suparno https://creativecommons.org/licenses/by/4.0
Law Enforcement of Money Laundering Crimes (TPPU) Originating from Drug Crimes
Money laundering (ML) crimes originating from drug crimes pose a serious threat to global economic security and stability. ML allows criminals to conceal and legalize the proceeds of crime, thus complicating law enforcement. This study aims to analyze the effectiveness of law enforcement on ML from drug crimes and identify the challenges faced. This study uses legal analysis and literature study methods by collecting data from various sources, including literature, laws and regulations, and reports from law enforcement agencies. This study found that law enforcement on ML from drug crimes requires effective international cooperation, sophisticated surveillance technology, and clear regulations. Effective strategies include increasing the capacity of law enforcement agencies, developing surveillance technology, and increasing international cooperation. However, the implementation of law enforcement still faces challenges, such as the complexity of international criminal networks and limited resources. Law enforcement on ML from drug crimes requires a comprehensive approach and effective international cooperation. Effective strategies can increase the effectiveness of law enforcement and reduce the negative impact of ML on the economy and society. Therefore, it is necessary to increase international cooperation, increase the capacity of law enforcement agencies, and develop surveillance technology to increase the effectiveness of TPPU law enforcement
Copyright (c) 2025 Yudi Bintoro, Megawati Barthos https://creativecommons.org/licenses/by/4.0
The Antinomy of Lex Specialis Between Production Sharing Contracts (PSCs) and Double Taxation Avoidance Agreements (DTAs): Reconciling Fiscal Stability and Legal Certainty in International Taxation in Indonesia
The conflict between lex specialis regimes in the taxation of Production Sharing Contracts (PSCs) in Indonesia's oil and gas sector has generated significant legal controversy, primarily concerning the determination of the Branch Profit Tax (BPT) rate. The dispute revolves around a rate discrepancy: tax authorities enforce the domestic 20% rate, guaranteed by the Income Tax Law and the PSC’s fiscal stability clause, while foreign taxpayers demand the 10% rate stipulated by the relevant Double Taxation Avoidance Agreement (DTA), asserting the DTA is lex specialis in international law. This study utilizes a normative juridical approach, integrating economic-tax, constitutional, and administrative law analysis, to examine three core issues: DTA priority, the legal force of PSC stability clauses, and the application of legal principles in the domestic-international interaction. The findings reveal a divide: the majority of Tax Court decisions (75%) upheld the 20% rate based on state fiscal sovereignty. However, Supreme Court jurisprudence (Decision No. 2747/B/PK/Pjk/2018) affirmed that the ratified DTA holds a higher legal position, acting as lex specialis derogat legi generali, thus limiting the BPT rate to 10%. This outcome necessitates normative reconciliation between contractual fiscal stability and international tax legal certainty, essential for balancing the protection of state fiscal interests with guaranteeing legal predictability for foreign investors within the framework of sustainable fiscal justice.
Copyright (c) 2025 Ari Julianto, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
The Effectiveness of Ultimum Remedium in Excise Crimes: Regulatory Analysis and Public Policy Implications
The principle of ultimum remedium in criminal law positions criminal sanctions as the last resort, especially in handling administrative violations in the excise sector. This research aims to describe a effectiveness of this principle in the termination of investigations of excise crimes in Indonesia, focusing on recent regulations such as Minister of Finance Regulation No. 82/2024 and the Law on the Harmonization of Tax Regulations (UU HPP), which mandates this approach through Article 64 paragraph (9) of the Excise Law. This research applies a normative legal approach through conceptual and statutory analysis combined with public policy evaluation. The scope of the analysis includes specific criminal acts such as illegal factories (Article 50), goods released without documents (Article 52), and possession of illegal excisable goods (Article 56). The findings reveal that applying ultimum remedium can enhance fiscal efficiency and promote restorative justice through administrative fines, with state revenue from these settlements showing an increasing trend, reaching up to IDR 106.2 billion in 2025. However, challenges remain in terms of transparency, accountability, and the lack of integration with broader health and environmental policies. The study recommends reformulating excise regulations to be more adaptive, strengthening supervisory mechanisms, and integrating the policy with social goals to safeguard sustainability and integrity in law enforcement.
Copyright (c) 2025 Handoko Nindyo Wardono, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
Notary Responsibilities and Legal Protection of Legal Owners of Land Certificates Transferred Illegally (Case Study of Land Ownership Certificate No. 3747/Pondok Pinang, South Jakarta)
The land dispute case experienced by Ir. Sugandi over Certificate of Ownership (SHM) No. 3747/Pondok Pinang, South Jakarta, demonstrates the abuse of authority by notaries and the weakness of land administration oversight. The land certificate belonging to Ir. Sugandi was unlawfully transferred through the involvement of several notaries, resulting in the issuance of a preliminary sale and purchase agreement, a forged deed of sale and purchase, and ultimately a new certificate under the name of a third party. Furthermore, the certificate was encumbered with a mortgage at a banking institution without applying the prudential principle. This study aims to analyze the validity of land transfers carried out through defective deeds, examine the legal responsibility of the notaries involved, assess the juridical implications of the issuance of the new certificate by the National Land Agency, and evaluate the application of the prudential principle by financial institutions in accepting land rights as collateral. In addition, this study formulates legal protection measures that can be provided to the rightful owner to defend his rights. The results of this study are expected to provide theoretical contributions to the development of civil law and land law, as well as practical implications to strengthen the supervision of notarial practice, land institutions, and banking institutions in order to ensure legal certainty and the protection of land ownership rights in Indonesia.
Copyright (c) 2025 Yanah Susanti, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
Analysis of the Legal Protection of the Indonesian and South Korean Governments in Protecting the Human Rights of Prospective Indonesian Migrant Workers in the Korean G to G Program
A scheme for the placement of prospective Indonesian migrant workers to work in South Korea through the G to G Korea Program. This G-to-G program opens up opportunities for prospective Indonesian migrant workers to work in South Korea. However, in the process, prospective Indonesian migrant workers often face various problems that can threaten their human rights, such as many prospective migrant workers having to wait for years and even until some do not manage to get a placement to work in South Korea. This study analyzes the legal protections provided by the Indonesian government and the South Korean government to prospective Indonesian migrant workers in the Korean G-to-G program, and evaluates the effectiveness of these protections in guaranteeing their human rights. This study uses a normative legal research method by analyzing the laws and regulations that apply in Indonesia and South Korea as well as literature, journals, books and academic documents related to the protection of prospective Indonesian migrant workers. This research aims to find solutions so that the placement of prospective migrant workers runs better so that there is no accumulation of prospective migrant workers who have not received placements which in the end the rights of prospective migrant workers can be protected.
Copyright (c) 2025 Muhammad Hasyim, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
The Concept of State Financial Losses in the Field of Taxation Due to Bribery of Tax Officials as a Criminal Act of Money Laundering in Indonesia
State financial losses due to bribery in tax matters are a significant issue to study due to their link to money laundering. The tax sector, which contributes 82.43% of total state revenue, equivalent to IDR 2,309.9 trillion in the 2024 State Budget, plays a strategic role and is highly vulnerable to corruption and financial crime. This study uses a normative (doctrinal) juridical method with a statutory, conceptual, and analytical approach to various regulations, court decisions, and related legal doctrines. The results indicate that state financial losses in taxation are defined as a shortfall in state revenue due to unpaid or underpaid taxes, as well as funds that should have been deposited into the state treasury but were misused through administrative violations. These losses arise from bribery practices and abuse of authority by tax officials, which have the potential to constitute money laundering, as stipulated in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering. It also found an imbalance between criminal and administrative sanctions, where the large fines encourage perpetrators to choose imprisonment over restitution of state losses. Although the number of tax cases decreased from 1,082 in 2020 to 484 in 2024, there were still 3,680 cases suspected of being related to money laundering. Therefore, a restructuring of the proportionality of sanctions is needed, emphasizing the restitution of state losses to strengthen the recovery of state revenues and the enforcement of justice in tax crimes related to money laundering.
Copyright (c) 2025 Ronald Samuel Wuisan, KMS Herman https://creativecommons.org/licenses/by/4.0
Challenges and Formulation of the Legal Framework for Carbon Capture Storage (CCS/CCUS) in Indonesia in Building a Regulatory Basis for Decarbonization Projects in the Oil and Gas Sector
Global climate change demands that every country accelerate decarbonization measures, including Indonesia, which is committed to achieving Net Zero Emissions by 2060. One potential mitigation strategy is the implementation of Carbon Capture Storage (CCS) and Carbon Capture Utilization and Storage (CCUS) technology in the oil and gas sector. However, the implementation of CCS/CCUS in Indonesia still faces significant legal and institutional challenges. This study aims to analyze the normative, institutional, and policy barriers to CCS/CCUS implementation and to formulate an ideal legal framework to support decarbonization projects in the oil and gas sector. The method used is normative legal research with legislative, conceptual, and comparative approaches. The results show that the absence of lex specialis related to CCS/CCUS causes legal uncertainty, especially in the aspects of licensing, post-carbon storage environmental responsibilities, and legal protection for investors. In addition, overlapping authorities between the Ministry of Energy and Mineral Resources, the Ministry of Environment and Forestry, and the Upstream Oil and Gas Regulatory Special Task Force (SKK Migas) weaken the effectiveness of supervision. Therefore, the establishment of specific regulations and integrated institutions is needed to govern the implementation of CCS/CCUS, including establishing a liability regime and economic incentive mechanisms. Therefore, the formulation of a comprehensive CCS/CCUS legal framework is a key prerequisite for the success of decarbonization projects in the oil and gas sector in Indonesia.
Copyright (c) 2025 Sri Wisnuaji, Faisal Santiago https://creativecommons.org/licenses/by/4.0
The Existence of Government Regulation Number 29 of 2021 Concerning the Implementation of the Trade Sector Relating to the Prohibition of Producers Selling Retail to Consumers
This study analyzes the existence and legal interpretation of the provision prohibiting direct retail sales by producers as referred to in Government Regulation Number 29 of 2021 (hereinafter referred to as PP 29/2021) concerning the Implementation of the Trade Sector, Article 55 Paragraph (1). This study also discusses the multidimensional impact of this provision on producers and consumers if implemented consistently. The next challenge is how the government will implement and enforce the law against producers who continue to sell their products directly to consumers at retail. This research was conducted using an empirical legal approach (Raharjo, 2020) supported by field data through literature review, observation, in-depth interviews with business actors, trade supervisory officials, and analysis of implementing regulations. (Soekanto, 2014).
Copyright (c) 2025 Muhammad Yusuf Y. Badar, Abdullah Sulaiman https://creativecommons.org/licenses/by/4.0
Clemency Authority Versus Judicial Review: The Jurisdictional Conflict of Absolute Discretion under Article 36(1)(a) of the General Provisions and Tax Procedures Law
This scholarly work explores the ongoing juridical ambiguity and adjudicative divergence stemming from Article 36(1)(a) within the General Tax Provisions and Procedures Law (KUP Law), which grants the Director General of Taxes (DGT) power to mitigate or nullify fiscal penalties. The central argument positions this competence beyond routine administrative discretion amenable to judicial control, characterizing it instead as executive clemency—an absolute, extra-judicial capacity rooted in equitable and compassionate principles. Employing a normative-juridical methodology combining historical reconstruction, conceptual analysis, and case examination, this work traces the authority's origins to the colonial Ordonansi Kepatutan (Ordinance of Propriety), originally designed as a substantive justice mechanism operating outside formal adjudicative processes. Critical evaluation of Tax Court Decision No. PUT-004535.99.2024.PP.M IXA demonstrates how the tribunal's substantive examination fundamentally misconstrued the DGT's prerogative character, transforming mercy applications into actionable disputes—a categorization error obscuring executive-judicial boundaries. Research outcomes establish that Article 36(1)(a) determinations lie beyond judicial cognizance, falling outside the Tax Court's legitimate jurisdictional scope. Addressing this theoretical confusion requires dual policy interventions: Supreme Court Circular (SEMA) issuance directing judges toward inadmissibility declarations for such proceedings, coupled with KUP Law statutory revision explicitly recognizing these administrative decisions' definitive and conclusive character.
Copyright (c) 2025 Riztiar Arinta, Richard https://creativecommons.org/licenses/by/4.0
Dynamics of Civil Law in the Digital Era: Transformation, Challenges, and Legal Certainty
The digital era has transformed the socio-economic landscape, giving rise to new legal objects and relationships unanticipated by the Indonesian Civil Code (KUHPerdata), a colonial-era legal product. Phenomena such as electronic contracts, digital assets (crypto assets and NFTs), and online dispute resolution (ODR) challenge the relevance and capability of the existing civil law framework. Despite partial regulations like the Information and Electronic Transactions (ITE) Law, this legal fragmentation creates uncertainty and systemic friction, where a 19th-century legal framework clashes with 21st-century digital realities, thereby hindering the growth of the digital economy that demands legal certainty. This study aims to analyze the normative limitations of the KUHPerdata in accommodating digital transformation, identify key legal challenges related to the validity of electronic contracts, the property status of digital assets, and the effectiveness of ODR, and formulate a responsive and integrative civil law reform concept. This research employs a normative juridical method with a statute approach and a conceptual approach. The analysis is conducted on primary legal materials such as the KUHPerdata and the ITE Law, as well as secondary legal materials relevant to cyber law theory and legal reform. The study finds that the concept of property ('kebendaan') in the KUHPerdata is inadequate for classifying digital assets, causing ambiguity in ownership, inheritance, and collateralization. While the ITE Law provides de jure legitimacy to electronic contracts, de facto implementation is hampered by the absence of technical rules on evidence and data security. Furthermore, the lack of a specific legal framework for ODR creates a legal vacuum that obstructs efficient e-commerce dispute resolution. Indonesia's current civil law framework is reactive and fragmented, failing to provide comprehensive legal certainty in the digital era. A fundamental and holistic reform of the KUHPerdata is imperative to modernize the concept of property law, establish secure standards for electronic transactions, and build a solid legal foundation for ODR.
Copyright (c) 2025 Muhammad Abdurrohman Sholih, Subianta Mandala https://creativecommons.org/licenses/by/4.0
Constitutional Democracy and the Challenges of Election Administration in the Era of Digital Disruption
Digital disruption has fundamentally transformed the electoral landscape in Indonesia, shifting political campaigns and discourse into cyberspace. This transformation presents a paradox for constitutional democracy: on the one hand, technology offers potential efficiency through innovations such as e-voting; on the other hand, it has become a primary vector for the spread of disinformation, hoaxes, and hate speech that undermine election integrity, erode public trust, and deepen social polarization. The existing legal framework for elections, particularly law no. 7 of 2017, has proven inadequate to effectively regulate the dynamics of digital campaigns and address cyber threats, leaving election organizers (the general elections commission (KPU) and the elections supervisory agency (bawaslu) often in a reactive position. This study aims to analyze the impact of digital disruption, particularly disinformation, on the integrity of election administration and constitutional democracy in Indonesia, evaluate the adequacy of the legal framework for elections in addressing digital challenges, and examine the legal, technical, and social feasibility of implementing technological innovations such as e-voting. This study uses a normative legal method with a legislative approach. The analysis is conducted on the 1945 constitution, law no. The study examined law no. 7 of 2017 concerning elections, the electronic information and transactions law (UU ITE), and regulations from the general elections commission (KPU) and the elections supervisory agency (bawaslu) to assess the gap between legal norms and the reality of digital challenges. It found that current election regulations have significant legal gaps regarding the oversight and enforcement of campaign violations on social media, such as trolling and non-transparent political advertising. Oversight efforts by bawaslu and the KPU tend to be reactive (e.g., content takedowns) and rely heavily on collaboration with other institutions such as the ministry of communication and information. The implementation of e-voting is hampered by three main obstacles: the lack of a comprehensive legal basis, cybersecurity vulnerabilities, and low public trust in digital systems. Digital disruption poses a fundamental threat to Indonesia's electoral democracy that has not been mitigated by the existing legal and institutional framework. Comprehensive reform of the elections law is needed to specifically regulate digital campaigns, ensure transparency of funds, and implement strict sanctions. Furthermore, strengthening the technical and digital forensic capacity of bawaslu and the KPU is a necessity, which must be balanced with a national digital literacy program to build community resilience against disinformation.
Copyright (c) 2025 Agung Fernando, Subianta Mandala https://creativecommons.org/licenses/by/4.0
New Directions for Criminal Law Politics Post-National Criminal Code Law: Between Restorative and Retributive Justice
The enactment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) marks a historic moment in Indonesian criminal law politics. This regulation represents a "decolonial" effort to replace the Dutch-inherited Criminal Code (Wetboek van Strafrecht) with a criminal law system rooted in the Pancasila philosophy and Indonesian values. The most fundamental change lies in the shift in the sentencing paradigm, from one originally oriented towards retributive justice (retribution) to an approach that balances corrective, rehabilitative, and restorative justice. This new approach aims to redefine the relationship between the state, perpetrators, and victims, with a focus on recovery. This study aims to analyze the new direction of Indonesian criminal law politics following the enactment of the National Criminal Code, conceptually comparing the principles of retributive justice in the old Criminal Code with the restorative justice approach in the new Criminal Code, and identifying implementation challenges in this transitional sentencing paradigm. This study uses a normative juridical method. Using a legislative and historical approach, a comparative analysis of the philosophy, principles, and norms of punishment contained in the old Criminal Code and Law No. 1 of 2023 was conducted to map the transformation of criminal law policy. It was found that the National Criminal Code explicitly abandons the philosophy of lex talionis and adopts a more humanistic goal of punishment, reflected in the criminal provisions and actions. Restorative justice is positioned as a complement to the conventional justice system, emphasizing the restoration of victims' losses and the social reintegration of perpetrators, rather than as a complete substitute for retributive justice. This creates a constructive tension, requiring law enforcement officials to make contextual choices between punitive and restorative approaches, rather than adopting a single approach. The greatest challenge lies not in the legal text, but in changing the culture and paradigm of law enforcement officials who have long been accustomed to a retributive system. The National Criminal Code inaugurates a more progressive criminal law policy by placing restorative justice as one of its main pillars. However, its successful implementation depends heavily on cultural transformation within law enforcement. It is recommended that the government prioritize a massive, ongoing socialization and training program for judges, prosecutors, and police to internalize this new paradigm, and encourage legal education institutions to reform their curricula.
Copyright (c) 2025 M. Sirot, Bambang Soesatyo https://creativecommons.org/licenses/by/4.0
Corporate Governance in the Digital Economy and ESG (Environmental, Social, and Governance) Principles
The rapid growth of the digital economy demands fundamental transformation in corporate governance (GCG), which no longer focuses solely on financial performance, but also on the integration of sustainability principles. Demands from investors and global stakeholders are encouraging companies in Indonesia to adopt an Environmental, Social, and Governance (ESG) framework as an integral part of their business strategy. Digital transformation plays a significant moderating role, where technologies such as the Internet of Things (IoT) and artificial intelligence (AI) can accelerate ESG implementation and improve risk management accuracy. However, the Financial Services Authority (OJK) has identified major challenges in its implementation, particularly the limited availability of competent human resources and reliable data, which risks reducing ESG reporting to a mere formality. This study aims to analyse the integration model between GCG and ESG principles in the context of Indonesia's digital economy, identify the role of digital transformation in strengthening the impact of ESG on company performance, and examine regulatory challenges and the role of the OJK in promoting substantive ESG implementation. This study uses a normative juridical method. The analysis focuses on relevant regulatory frameworks, such as OJK Regulation (POJK) No. 51/2017 on Sustainable Finance, as well as a conceptual approach to examining the synergy between GCG theory and ESG principles in the digital era. It was found that the synergy between ESG and GCG significantly improves reputation, resilience, and investor confidence. Digital technology has been proven to increase operational efficiency and risk mitigation in ESG management by 30-60%. The role of the board of directors is crucial in driving ESG performance. However, implementation in Indonesia is still top-down and oriented towards compliance with OJK regulations, while the internal capacity of companies, including human resources and data infrastructure, is not yet fully adequate. The convergence of the digital economy and ESG is shaping a new paradigm of techno-ethical governance. However, its success depends on addressing capacity challenges. It is recommended that regulators such as the OJK shift from merely requiring reporting to facilitating HR capacity building and data standardisation. Companies need to invest strategically in digital technology and talent development to ensure authentic and impactful ESG implementation.
Copyright (c) 2025 Soffa Marwa, Bambang Soesatyo https://creativecommons.org/licenses/by/4.0
Modern Governance of Hajj and Umrah: Digital Innovation and Legal Protection for Pilgrims
The administration of Hajj and Umrah in Indonesia faces complex governance challenges, such as extremely long pilgrim queues, weak supervision of Umrah Travel Organizers (PPIU), and the increasing number of fraud cases that harm pilgrims. The repeated failures of travel agencies to properly facilitate or repatriate pilgrims highlight the urgent need to strengthen legal protection mechanisms. In response, the government has promoted the modernization of governance through digital innovation, aligning with Saudi Arabia’s vision of digital transformation. This digitalization serves a dual purpose: enhancing the efficiency and transparency of public services while simultaneously reinforcing the state’s regulatory and control functions over private organizers. This study aims to analyze the modernization of Hajj and Umrah governance through digital innovation, evaluate the effectiveness of digital systems such as the Integrated Hajj Computerization System (Siskohat) in improving services and oversight, and examine the adequacy of the legal framework particularly Law No. 8 of 2019 in providing legal protection for pilgrims. The research employs a normative juridical method, analyzing the legal framework governing Hajj and Umrah administration, including Law No. 8 of 2019, the Consumer Protection Act, and derivative regulations issued by the Ministry of Religious Affairs concerning PPIU standards and certification. Digital innovations such as Siskohat have successfully integrated registration, payment, and data validation processes, significantly improving efficiency and transparency. New platforms like SERAMBI facilitate online licensing and accreditation for PPIUs, transforming the traditional periodic-manual supervision model into a system of continuous digital surveillance. Normatively, Law No. 8 of 2019 provides a strong legal foundation, including severe criminal sanctions for organizers engaged in fraud or negligence. However, there remains a gap between the availability of data generated by digital systems and the effectiveness of law enforcement in practice, as fraudulent activities continue to occur. The governance of Hajj and Umrah is thus undergoing a transformation toward a data-driven model characterized by greater modernity and transparency. Despite robust digital innovations and a solid legal framework, the protection of pilgrims remains suboptimal due to weak law enforcement. It is therefore recommended that the Ministry of Religious Affairs establish a collaborative task force with the National Police to proactively utilize data from Siskohat and other digital systems for investigation and strict enforcement against problematic PPIUs, thereby ensuring that legal sanctions are applied effectively.
Copyright (c) 2025 Singgih Januratmo https://creativecommons.org/licenses/by/4.0
Disputes in Indonesia: The Role Jurisdictional Transformation of Government Liability of the Tax Court
The transformation of governance in Indonesia can be traced through the shifting jurisdiction over disputes involving unlawful acts by the government (onrechtmatige overheidsdaad). Initially adjudicated by the General Courts under the paradigm of private law, these disputes were later reassigned to the Administrative Court following the enactment of Law No. 5 of 1986, reflecting the recognition of government actions as matters of public law. In the strategic field of taxation, Indonesia further established a specialized judicial body, the Tax Court under Law No. 14 of 2002, designed to address the complex, interdisciplinary nature of tax disputes, which involve not only law but also economics, accounting, and public policy. This article aims to analyze the role of the Tax Court in strengthening governance by ensuring accountability, transparency, and fairness in the resolution of government liability disputes. The study employs a normative juridical approach combined with comparative insights to explore the evolving jurisdictional framework. The findings indicate that the Tax Court’s authority extends beyond the narrow scope of tax collection, encompassing a broader mandate to uphold legal certainty and public trust in fiscal administration. By situating tax adjudication within the context of global governance and welfare, the Tax Court contributes to aligning domestic legal practices with international standards, thereby reinforcing Indonesia’s commitment to good governance. The conclusion underscores that jurisdictional transformation in government liability disputes not only redefines institutional arrangements but also strengthens interdisciplinary synergy between law and economics, fostering global welfare through improved accountability mechanisms.
Copyright (c) 2025 Budi Haritjahjono, KMS Herman https://creativecommons.org/licenses/by/4.0
Legal Benefits of the Use of Artificial Intelligence Technology in Resolution of Medical Disputes
The demands of healthcare services, as stipulated in Law Number 17 of 2023 concerning Health, which demands excellent healthcare services, make the use of technological advances such as AI highly desirable. The healthcare sector, which utilizes AI, certainly assists in early disease detection, treatment planning, and telemedicine, thus facilitating healthcare services, including law enforcement in medical disputes. How beneficial is it legally to use artificial intelligence technology to settle medical disputes? That is the research's main concern. This study employs descriptive analysis and secondary data to conduct a normative legal analysis. The results show that the legal benefit of using artificial intelligence technology in resolving medical disputes is to facilitate research, data collection, and information processing quickly and accurately. Therefore, the use of AI calculations will eliminate the potential for suspicion from litigants or the public and make the judges' decisions more objective. Thus, the position of AI is not as a decision-maker, but is limited to recommendations from the analysis results. Therefore, in an effort to create legal certainty regarding the use of AI technology in resolving medical disputes, it is necessary to immediately issue legislation on resolving medical disputes that utilize information and communication technology by involving the active role of the community in creating the legislation.
Copyright (c) 2025 Hadi Zulkarnain, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Corporate Criminal Liability in Indonesian Tax Crimes: A Study of the Gap Between Legal Norms and Enforcement Practices
This research is motivated by the limited application of corporate criminal liability in tax crimes in Indonesia, despite the clear existence of legal provisions governing such liability. This condition reveals a significant gap between legal norms and enforcement practices, where criminal sanctions are more frequently imposed on individual executives rather than on corporations as legal entities. The purpose of this study is to analyze the factors that hinder the implementation of corporate criminal prosecution in tax crimes and to examine the role of the new Indonesian Criminal Code as a momentum for criminal law reform. The research employs a normative juridical method by reviewing relevant legislation, legal doctrines, academic literature, and judicial decisions. The findings indicate that the main obstacles to imposing criminal liability on corporations do not stem from the absence of legal basis but from the dominance of administrative approaches in the General Taxation Provisions and Procedures Law, doctrinal barriers arising from classical criminal law principles such as nulla poena sine culpa, and the reluctance of law enforcement officials to treat corporations as the principal perpetrators of tax crimes. The study concludes that the effectiveness of corporate criminal prosecution depends largely on political will, paradigm shifts among law enforcement institutions, and judicial consistency in applying substantive justice. Furthermore, the research emphasizes the need for clear technical guidelines and strong institutional coordination, with the new Criminal Code serving as a strategic opportunity to strengthen deterrence, ensure fiscal justice, and enhance the integrity of Indonesia’s tax law enforcement system.
Copyright (c) 2025 Adriana Dwi Hardjanti, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Transforming Cybercriminal Law Governance through an Interdisciplinary Approach as an Effort to Achieve Global Prosperity
The development of information technology in the digital era has given rise to various forms of cybercrime that are cross-border and have a significant impact on legal, social, and economic aspects. The complexity of cybercrime poses challenges for national criminal laws that are often lagging behind technological dynamics. This condition not only threatens legal certainty and the protection of people's rights, but also has an impact on the stability of the digital economy, data security, and social justice. To analyze the extent to which criminal law regulation in Indonesia has been able to answer the complexity of cross-border cybercrime and to formulate a concept of transforming cyber-criminal law governance that is more adaptive, responsive, and oriented towards global welfare. The method used is normative juridically, using a legislative approach and an analytical approach. Research shows that the weaknesses of cyber-criminal law in Indonesia lie in the disharmonization of regulations, the limited capacity of law enforcement officials, the lack of use of digital forensic technology, and the weak cooperation across countries. Governance transformation can be realized through regulatory harmonization, increasing digital literacy of law enforcement officials, applying technology in proof, and strengthening international cooperation mechanisms. In conclusion, the governance of cyber-criminal law based on an interdisciplinary approach not only provides legal certainty and protection for the community, but also contributes to the creation of global prosperity in the digital era.
Copyright (c) 2025 Amalia Sari, KMS Herman https://creativecommons.org/licenses/by/4.0
Optimizing Public Services to Achieve Good Governance
Public service is one of the main functions of the state in realizing the welfare of society. However, in practice, there are still problems of maladministration, such as discrimination against the community, prolonged delays, and illegal levies that burden the community. This situation clearly contradicts the principles of public service as stipulated in Article 4 letter l of Law Number 25 of 2009 concerning Public Services, namely the principles of speed, convenience, and affordability. The objective of this study is to analyze forms of maladministration that violate the principles of speed, convenience, and affordability, and the optimization of public services in realizing good governance. The method used is a normative juridical method, with a legislative and analytical approach. Research shows that maladministration of public services violates the principles of speed, convenience, and affordability, namely prolonged administrative delays, discrimination in service, and illegal fees. These practices violate Article 4 letter l of Law Number 25 of 2009 concerning Public Services. Synergy between internal and external oversight will strengthen the system of checks and balances in public services, including the role of the Ombudsman and public participation through easily accessible complaint channels. This study confirms that maladministration in public services, such as prolonged delays, discrimination, and illegal fees, is contrary to the principles of speed, convenience, and affordability as stipulated in Law No. 25 of 2009. To realize good governance, it is necessary to strengthen internal and external oversight.
Copyright (c) 2025 Saur Oloan Hamonangan Situngkir, KMS Herman https://creativecommons.org/licenses/by/4.0
Customs Valuation Disputes in Export-Import: Evaluating Objection and Appeal Procedures for Business Certainty
Accurate customs valuation underpins fair taxation and equitable trade practices, yet disputes frequently emerge during the assessment process, particularly in export-import transactions. This article investigates the legal and practical dynamics of objection and appeal against customs valuation, with a focus on their implications for business certainty. Drawing on empirical observations, regulatory analysis, and interviews with practitioners, the study identifies several recurring causes of disputes, including valuation adjustments by customs authorities, lack of clarity in evidentiary requirements, and limited access to consistent legal guidance. Despite the availability of objection and appeal as statutory remedies, exporters and importers report challenges such as high administrative burdens, delays in adjudication, and financial risks during the resolution process. These obstacles undermine predictability in cross-border trade and may discourage investment. The findings underscore the importance of reforming dispute settlement mechanisms by introducing time-bound procedures, enhancing transparency in decision-making, and aligning national practices with international valuation standards. The article concludes that strengthening objection and appeal procedures not only protects the rights of traders but also reinforces trust between businesses and customs administrations, thereby contributing to smoother trade facilitation and more resilient international commerce.
Copyright (c) 2025 Erwan Bagja Erawan, Riswadi https://creativecommons.org/licenses/by/4.0
Easy Access to Health Services in Inclusive Government Governance
Access to health services is a fundamental right guaranteed by the 1945 Constitution. The Indonesian government has demonstrated its strong commitment through the Contribution Assistance Recipient (PBI) program, namely in Article 14 paragraph (2) of Law Number 40 of 2004 concerning the National Social Security System, which provides subsidies for National Health Insurance (JKN) premiums funded by the regional budget for the poor and underprivileged. However, there are serious challenges related to the accuracy of targeting recipients and the equitable distribution of health care facilities throughout Indonesia. The objective of this study is to analyze the mechanism for determining PBI recipient criteria, identify obstacles in program implementation, and offer strategic solutions to make health subsidies more effective and equitable. The method used is normative juridical, employing a legislative and analytical approach. Research shows that although PBI has succeeded in improving access to health services through Article 14 paragraph (2) of Law Number 40 of 2004 concerning the National Social Security System, the problem lies in the validation of recipient data, which is often inaccurate, so that the wealthy continue to enjoy subsidies while some of the poor are overlooked. Government efforts such as DTKS integration, supervision of aid distribution, and the construction of primary hospitals are significant steps toward improvement. effectiveness of the PBI program is highly dependent on the accuracy of beneficiary data and the equitable distribution of healthcare services. With strengthened databases, continuous verification, and improved healthcare infrastructure, this program can be more targeted and sustainable in achieving social justice in the field of health.
Copyright (c) 2025 Tumpak Parulian Situngkir, Riswadi https://creativecommons.org/licenses/by/4.0
A Critical Analysis of Carbon Trading Policy as an Action for Adaptation and Mitigation of Climate Change from the Perspective of Indigenous Peoples in Indonesia
The climate crisis, biodiversity loss and pollution are three planetary crisis facing humanity today. Studies show that the primary source of these crises is the massive emissions released by developed/industrial countries over the past decades through energy, agriculture, forest and land conversion, industrialization, and waste. In 2015, the world’s nations committed to addressing the climate crisis, in accordance with the Paris Agreement. By passing Law Number 16 of 2016 about the Paris Agreement on the United Nations Framework Convention on Climate Change (UNFCCC), Indonesia, a party to the UNFCCC Conference of the Parties, ratified the Paris Agreement. Presidential Regulation Number 98 of 2021, which addressed the Implementation of Carbon Economic Values for Achieving Nationally Determined Contribution Targets and Control of Greenhouse Gas Emissions in National Development, was subsequently issued in response to this policy. The Indonesian government has disregarded the rights of Indigenous Peoples in favor of a carbon trading mechanism centered on forests and land, rather than reaffirming its commitment to combating climate change. This study critically examines carbon trading programs within the perspective of climate change adaptation and mitigation using a qualitative methodology grounded in literature analysis, particularly from the perspective of Indigenous Peoples. Findings indicate that carbon trading-based conservation models often contradict Indigenous Peoples' own conservation practices. In fact, in many regions, such projects trigger conflict, land grabbing, and the potential criminalization of Indigenous Peoples. Furthermore, carbon trading fails to address the root causes of the climate crisis. The offset scheme instead allows industrial actors to continue releasing emissions on a large scale. Therefore, this mechanism is inconsistent with the principles of climate justice, the fulfillment of Indigenous Peoples' rights, and the global obligation to curb global warming.
Copyright (c) 2025 Muhammad Arman, Rineke Sara https://creativecommons.org/licenses/by/4.0
Optimizing Asset Recovery Through the Implementation of Article 12 B (Gratification) and Money Laundering in Handling Corruption Crimes
One of the goals of the Corruption Eradication Law is asset recovery. This is evident in the Law Number 20 of 2001 modification to Law Number 31 of 1999 for the Eradication of Corruption. This is inextricably linked to lawmakers' understanding that corruption is a serious crime that harms the country's economy by causing state assets to be unlawfully transferred to corrupt officials and their associates. This research aims to analyze how law enforcement officials, specifically the Corruption Eradication Commission (KPK), can implement existing articles and laws to maximize the recovery of state financial losses due to corruption before the asset confiscation law is enacted by the government. This research uses an empirical legal research method, examining how the law works to achieve its objectives. The theory used is Nonet and Selznic's responsive legal theory. This theory teaches that law is not merely a system of regulations but examines the impact of the application of legal norms on the objectives of the law itself. According to the study's findings, law enforcement officials at the Corruption Eradication Commission (KPK) can use information from the State Officials' Wealth Report (LHKPN) to spot increases in the wealth of suspected corruption offenders in order to achieve one of the goals of the corruption law, which is the recovery of state financial losses or asset recovery, prior to the implementation of the asset confiscation law. This data is combined with secondary data from field surveys on the wealth ownership of suspected corruption perpetrators and data from other stakeholders such as the Financial Transaction Reports (PPATK), Banking, Taxation, National Land Agency (BPN), and others. This spike in wealth is then analyzed in relation to the period of the spike and correlated with the position of the suspected corruption perpetrator at the same time. Furthermore, Article 3 of Law Number 8 of 2010 concerning the Crime of Money Laundering, as well as Article 12B (Gratification) of Law Number 31 of 1999, as amended and supplemented by Law Number 20 of 2001, apply.
Copyright (c) 2025 Asep Guntur R, Azis Budianto https://creativecommons.org/licenses/by/4.0
The Urgency of Governing Amnesty Authority in Indonesia's Democratic Rule of Law: A Study of the Case of Hasto Kristiyanto
The granting of amnesty to Hasto Kristiyanto has sparked serious public debate, particularly regarding the potential politicization of this legal instrument. This study analyzes the authority of amnesty in the Hasto Kristiyanto case using a normative-juridical approach. The results show that although procedurally it meets formal requirements, this amnesty raises questions regarding constitutional limitations and legal political implications. The concept of "state interest" as the basis for granting amnesty requires a more objective interpretation to avoid political subjectivity. The resulting implications include the potential for weakening judicial independence, erosion of the rule of law, and decreased public trust in the Indonesian criminal justice system. The study recommends the need for governance of amnesty authority in a democratic Indonesia, such as objective criteria for state interests, strengthening the checks and balances mechanism, limiting the types of crimes that can be pardoned, and increasing transparency to ensure fair implementation and in line with the principles of a democratic state under the rule of law.
Copyright (c) 2025 Rossa Purbo Bekti, Suparno https://creativecommons.org/licenses/by/4.0
Legal Implications of Applying IMO Instruments to the Protection of the Marine Environment from Pollution by Ships, Especially in Ecologically Sensitive Waters
Protecting the marine environment from ship pollution is a global challenge regulated through various international legal instruments issued by the International Maritime Organization (IMO), such as the International Convention for the Prevention of Pollution from Ships (MARPOL), the Ballast Water Management Convention (BWM), the Oil Pollution Preparedness, Response and Co-operation (OPRC), and liability and compensation conventions, such as the Civil Liability Convention (CLC) and the Hazardous and Noxious Substances Convention (HNS). Indonesia, as an archipelagic country with ecologically sensitive waters, such as coral reefs, mangroves, and conservation areas, has a vital interest in integrating these provisions into national law. This study aims to analyze the legal implications of applying IMO instruments to protect the marine environment, particularly in Indonesia's ecologically sensitive waters. The research method uses a juridical-normative and conceptual approach by examining international and national laws and regulations, including Law No. 17 of 2008 concerning Shipping, as amended by Law No. 66 of 2024, Government Regulation No. 21 of 2010 concerning Maritime Environmental Protection, and Law No. 32 of 2009 concerning Environmental Protection and Management. The study shows that the ratification and implementation of IMO instruments create legal obligations for the prevention, monitoring, and enforcement of marine pollution. However, there are gaps between IMO standards and national capacity, including limited waste facilities, inter-agency coordination, and the effectiveness of sanctions. This study recommends harmonization of national regulations with IMO standards, strengthening of supervisory capacity, and the establishment of effective compensation mechanisms to ensure the protection of the marine environment in Indonesia's ecologically sensitive waters.
Copyright (c) 2025 Agung Pratama Osmond, Suparno https://creativecommons.org/licenses/by/4.0
Video Streaming Platforms' Responsibilities for Repeated Copyright Infringement and Notice and Take Down Mechanisms
The rapid growth of video streaming platforms poses challenges to copyright protection, particularly repeated infringement by users. Although platforms act as intermediaries, the continued uploading of pirated content raises questions regarding their legal liability. This study analyzes platform responsibilities from the perspective of safe harbor and notice and take down (NTD) mechanisms based on Indonesian regulations, including the Copyright Law, the ITE Law, Government Regulation 71/2019, and Minister of Communication and Information Regulation 5/2020, and compares them with the United States' DMCA and the European Union's e-Commerce Directive & Copyright DSM Directive. The analysis shows that Indonesia has regulated platforms' obligations to take action against infringing content through NtD, but has not yet explicitly regulated the deactivation of repeat users. Regulatory strengthening is needed to balance the interests of copyright holders and users' freedom of expression, including standard NtD procedures, counter-notice mechanisms, and administrative sanctions for negligent platforms. This research is expected to contribute to policymakers and industry players in formulating adaptive regulations to the dynamics of copyright infringement in the digital era.
Copyright (c) 2025 Andry Dwiarnanto, Megawati Barthos https://creativecommons.org/licenses/by/4.0
Criminal Liability of Individuals and Third Parties in Crypto-Asset-Based Fraud Schemes: A Dormant Responsibility Perspective
The rapid growth of crypto assets in Indonesia has opened up economic opportunities while simultaneously raising the risk of fraudulent activities, such as rug pulls, fake investment offers, and market manipulation, which are detrimental to the public. This study analyzes the criminal liability of individuals and third parties in crypto-based fraud, emphasizing the concept of dormant responsibility, which is criminal liability arising from the negligence or passivity of parties who should have prevented the crime. The method used is normative juridical with a conceptual and legislative approach, examining the Criminal Code, Law Number 1 of 2024 concerning ITE, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, as well as regulations on the crypto asset sector under the supervision of the OJK through POJK Number 27 of 2024. The results of the study indicate that individual perpetrators can be held accountable based on the fraud provisions in the Criminal Code and Article 28 paragraph (1) of the ITE Law, while third parties, such as crypto exchanges, smart contract developers, and custodian service providers, are potentially liable if proven negligent in their supervisory obligations, KYC/AML, or prevention of suspicious transactions. The concept of Dormant Responsibility offers a new normative framework that places active and passive negligence as important elements to close legal loopholes, while balancing consumer protection with technological innovation. Research recommendations include strengthening preventive obligations on crypto service providers, harmonizing criminal regulations with digital financial regulations, and developing technical guidelines for proving crypto assets in court.
Copyright (c) 2025 Herwansi Tambunan, Megawati Barthos https://creativecommons.org/licenses/by/4.0
Consolidation of Executive Power and the Erosion of Public Participation in Omnibus Law Legislation in Indonesia
This paper examines how Indonesia's Omnibus Law legislation has accelerated the consolidation of executive power and the effects of declining public participation in the legislative process. Government Regulation in lieu of Law Number 2 of 2022 and the adoption of Law Number 11 of 2020 concerning Job Creation, which was later stipulated as Law Number 6 of 2023, demonstrates executive dominance in the legislative process. The accelerated formation mechanism, minimal public involvement, and the formality of the public consultation process raise constitutional issues related to the right to participation as guaranteed in Using This study uses a normative juridical method with a statutory, conceptual, and historical approach, drawing on primary legal materials such as the 1945 Constitution, Law Number 12 of 2011 in conjunction with Law Number 13 of 2022 concerning the Formation of Legislation, and the Constitutional Court Decision Number 91/PUU-XVIII/2020. Articles 28E and 28F of the Republic of Indonesia's 1945 Constitution, which declared the Job Creation Law conditionally unconstitutional. The research findings indicate that the consolidation of executive power has shifted the balance of checks and balances, weakened the deliberative function of the House of Representatives (DPR), and neglected the principles of openness and meaningful participation, potentially reducing the legitimacy of laws and public trust in the legislative process, while also posing challenges to the principles of the rule of law and constitutional democracy. This research recommends strengthening substantive public participation mechanisms, enforcing the principle of openness in accordance with Law 12/2011 in conjunction with Law 13/2022, and effective judicial oversight by the Constitutional Court to ensure that laws are enacted in accordance with the principles of participatory democracy.
Copyright (c) 2025 Kaitanus F.X Mogahai, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
Implications of Overlapping Authority between the Ministry of State-Owned Enterprises and the Board of Commissioners on the Effectiveness of Performance Supervision of State-Owned Enterprises
The overlapping authority between the Ministry of State-Owned Enterprises (SOEs) as the state shareholder and the Board of Commissioners as the supervisory organ of state-owned enterprises (PT BUMN) raises issues in the effectiveness of company performance supervision. By analyzing Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 concerning SOEs, Law Number 40 of 2007 concerning Limited Liability Companies, and implementing regulations related to Good Corporate Governance (GCG), this study seeks to analyze the legal and governance implications of this overlapping authority. Using a statutory and conceptual approach, the normative juridical method analyzes the laws governing the interaction between the Ministry of SOEs, the Board of Commissioners, and the Board of Directors. The results of the study indicate that the unclear division of authority in determining strategic policies and evaluating performance creates the risk of dual supervision, weak accountability, and potential conflicts of interest, thereby reducing the independence of the Board of Commissioners and hampering the implementation of the principles of transparency, accountability, and independence according to GCG guidelines. This study recommends strengthening legal norms through revisions to implementing regulations, affirming the limits of authority, and official coordination procedures between the Board of Commissioners and the Ministry of State-Owned Enterprises to improve public trust, support sustainable national economic performance, and monitor state-owned company performance more effectively.
Copyright (c) 2025 Redi Setiadi, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
Implications of Non-Refoulement for Refugees and Asylum Seekers Suspected of Serious Crimes from an International Law Perspective
The principle of non-refoulement is a fundamental norm of international law that prohibits countries from returning refugees or asylum seekers to territories where they are at risk of torture, ill-treatment, or serious threats to their life and freedom. Its implementation faces challenges when refugees or asylum seekers are suspected of being involved in serious crimes, such as terrorism, war crimes, or transnational crimes. This study uses a juridical-normative approach by examining international legal instruments, including the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (Article 33 on non-refoulement and Article 1F on exclusion clauses), and the Convention Against Torture (CAT) Article 3. At the national level, the study refers to Law No. 6 of 2011 on Immigration and Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad. The analysis shows that although exclusion clauses allow countries to refuse protection to perpetrators of serious crimes, the principle of non-refoulement remains binding when there is a risk of torture or inhumane treatment. Thus, states need to prioritize alternative mechanisms such as domestic prosecution (aut dedere aut judicare), extradition with guaranteed human rights protection, or resettlement in a third country. This study recommends the creation of a comprehensive national refugee law to balance international obligations, human rights protection, and state sovereignty.
Copyright (c) 2025 Richard Herlambang, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
Private Hospitals' Liability for Anesthetic Negligence with Implications for Vicarious Liability and Legal Immunity of the Medical Profession
The principle of vicarious liability holds employers or healthcare institutions accountable for the negligence of medical personnel under their supervision. In the context of private hospitals, this becomes crucial when an anesthesiologist's negligence has the potential to cause serious harm to patients. This study examines the liability of private hospitals for anesthesia negligence, as well as the implications of vicarious liability and the legal immunity of the medical profession, using a normative and conceptual juridical approach. This study examines Law Number 17 of 2023 concerning Health, Articles 1365 and 1367 of the Civil Code, and Articles 359 and 360 of the Criminal Code. The study indicates that private hospitals can be held civilly liable if it is proven that they have an employment relationship or supervision with an anesthesiologist, even if the medical procedure is performed individually. Legal protection for the medical profession applies only as long as the physician acts in accordance with professional standards and medical procedures, thus not providing absolute protection against gross negligence. This study recommends strengthening employment contracts, standard operating procedures for anesthesia, and internal hospital oversight systems to minimize the risk of legal disputes and improve patient protection.
Copyright (c) 2025 Selvy Devita Anggeraini, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
Reconstruction of the Piercing the Corporate Veil Concept from a Restorative Justice Perspective on the Environmental Impact of Monopolistic Practices
Business monopoly practices often cause significant environmental impacts, while multi-layered corporate structures are exploited to avoid legal liability. The doctrine of piercing the corporate veil allows for the breach of the legal personality of a company, allowing shareholders, directors, or controllers to be held personally liable. This study examines the reconstruction of this concept from a restorative justice perspective to ensure environmental restoration and compensation for affected communities. A juridical normative approach is used through an analysis of laws and regulations, legal doctrine, and court decisions, including Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 32 of 2009 concerning Environmental Protection and Management, and Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices, along with restorative justice guidelines. The study results show that this doctrine effectively penetrates legal entity protection when corporations are used to shift responsibility for environmental damage, while the integration of restorative justice principles broadens the focus from mere criminalization to ecosystem restoration, socio-economic recovery of victims, and prevention of recurrence of violations. This study recommends strengthening regulations with clear veil-piercing criteria in environmental and monopoly cases, restorative-based compensation mechanisms, and collaboration between law enforcement agencies and the community, so that a balance between legal certainty, environmental protection, and a sense of justice for victims can be achieved.
Copyright (c) 2025 Tri Andika Syam, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Health Law Reform in Ensuring Physician Competency Based on the Integration of Ethics, Discipline and Science for Global Welfare
Doctors are a fundamental aspect in ensuring the quality of health services, as well as being an integral part of the protection of the right to health as guaranteed in the constitution and international human rights instruments. However, medical practice still faces various challenges, ranging from disparities in the quality of medical education, weak competency test mechanisms, to the lack of optimal integration of professional ethics, discipline, and science in the health legal system. This condition poses a risk to patient safety and reduces public trust in medical services. This research aims to analyze the need for health law reform in ensuring the competence of doctors, as well as formulate an integration model between ethics, discipline, and science as the main pillars of equitable and well-being oriented medical professional governance. The method used is normative legal research with legislative, conceptual, and comparative approaches. Primary and secondary legal data are analyzed qualitatively through the study of doctrines, norms, and practices of the governance of the medical profession in various countries. Health law reform needs to be directed at strengthening regulations on physician competency standards, transparent certification and recertification mechanisms, and professional supervision systems that are integrated between ethics, discipline, and law. The integration model can be an instrument to ensure that every doctor has measurable competence, maintained professional ethics, and clear legal responsibilities in healthcare practice. Ensuring the competence of doctors through health law reform based on the integration of ethics, discipline, and science is a strategic step to improve the quality of medical services, strengthen patient protection, and realize global justice and welfare.
Copyright (c) 2025 Rika Noviantini, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Copyright of Generative AI Music on Digital Music Platforms in Indonesia
At present, music is readily accessible through various streaming platforms. Even digital technology has revolutionized the concept of music creation by enabling the use of generative Artificial Intelligence (AI), marking a new phase in the evolution of contemporary music. Currently, the use of generative AI is one of the issues being debated, particulary concerning copyright ownerhip of AI generated works. This study aims to investigate the regulation of copyright and the commercialization of music generated through generative AI in Indonesia. The research adopts a normative juridicial method with a literature based approach,focusing on the anyalysis of secondary legal materials. The Indonesian Copyright Law (ICL) does not explicitly regulate copyrighted works generated through generative AI. However, the ICL does contain provisions that accommodate the assistance of other parties or the use of aids in producing a copyrighted work, as stated in Article 34 of the ICL. Referring to the provisions of Article 34, a person who creates music using generative AI and has their music included on a digital music platform is entitled to royalties as a creator. However, the absence of specific rules related to the use of generative AI in music in the ICL should have received serious attention from the government to regulate this matter.
Copyright (c) 2025 Rara Amalia Cendhayanie, Abdullah Sulaiman https://creativecommons.org/licenses/by/4.0
The Independence of Constitutional Court Judges Amid Political Polarization
The Constitutional Court is one of the judicial authorities, alongside the Supreme Court as referred to in Article 24 paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia. However, the problem that arises is when the credibility of Constitutional Court judges, who are supposed to guarantee substantive justice, is tarnished by acts of corruption and irresponsibility. This raises questions about how to supervise them, because the interests and subjectivity of judges are also reflected in the decisions they make, which can ultimately result in unfair and incorrect decisions. Furthermore, the controversy surrounding Constitutional Court Decision Number 90/PUU-XXI/2023 has sparked debate about the judges' bias in making decisions related to political interests. The expansion of authority without a credible and reliable oversight process and institution has proven to be a problem in the Constitutional Court with the newly formed Honorary Council. This study uses a normative legal method with reference to applicable laws and regulations, cases, and concepts. The purpose of this study is to determine the independence of Constitutional Court judges Constitutional Court judges amid political polarity and to examine oversight of Constitutional Court judges, especially given the final and binding nature of their decisions. In addition, to date, the Constitutional Court is not a state institution that has an oversight body. We must not allow decisions made to undermine the democratic order and allow room for intervention in the work of Constitutional Court judges as guardians of the constitution.
Copyright (c) 2025 Selviana Teras Widy Rahayu, Richard https://creativecommons.org/licenses/by/4.0
Evaluation of Law Enforcement Policy on Criminal Acts in Cooperatives
This study aims to evaluate law enforcement policies concerning criminal acts within cooperatives in Indonesia. As membership-based economic institutions, cooperatives play a strategic role in enhancing community welfare; however, they remain vulnerable to criminal acts, particularly those related to abuse of authority and embezzlement of members’ funds. This research employs a mixed methods approach, combining a juridical-normative analysis of statutory regulations and legal doctrines with an empirical approach through case studies, interviews, and surveys involving cooperative managers, supervisors, members, and relevant law enforcement officers. The findings reveal that the existing law enforcement policies are not yet fully effective in providing legal protection and certainty for cooperative members. The ineffectiveness is mainly attributed to regulatory limitations, weak inter-agency coordination among law enforcement bodies, and the insufficient participation of members in supervisory mechanisms. Accordingly, reformulating a more comprehensive law enforcement policy, strengthening supervisory institutions, and implementing governance principles grounded in transparency and accountability are deemed essential to prevent and address criminal acts within cooperatives more effectively.
Copyright (c) 2025 M. Irwan Susanto, Abdullah Sulaiman https://creativecommons.org/licenses/by/4.0
Analysis of the Environmental Damage in Raja Ampat Caused by Nickel Mining
Raja Ampat, located at the northwestern tip of Papua, is globally renowned for its unparalleled marine biodiversity and ecotourism potential. However, recent nickel mining activities in small islands such as Gag and Kawe have sparked serious environmental, social, and economic concerns. This study aims to examine the extent of environmental degradation, the socio-cultural disruptions, and the economic trade-offs caused by nickel mining in Raja Ampat, as well as to evaluate potential policy and community-based solutions. The research employs a qualitative approach through literature reviews, policy and legal document analysis, and media reports. The findings reveal severe environmental damage including deforestation, soil erosion, sedimentation, and heavy metal contamination, which directly threaten coral reefs and marine ecosystems. Socially, mining has led to land conflicts, disregard for indigenous rights, and disruption of traditional livelihoods such as fishing, farming, and eco-tourism. Economically, while nickel extraction offers short-term gains, these are disproportionate to the long-term losses in sustainable income from fisheries and tourism. The study concludes that nickel mining in Raja Ampat carries unacceptable ecological and social risks, undermining both local welfare and national conservation commitments. Strong enforcement of environmental and mining laws, recognition of indigenous rights, and prioritization of sustainable alternatives such as community-based tourism and fisheries are essential to safeguard Raja Ampat’s future.
Copyright (c) 2025 Yuka Dinda Permata, Faisal Santiago, Zudan Arif Fakrulloh https://creativecommons.org/licenses/by/4.0
The Influence of Global Economic Integration on Indonesia's Compliance with International Trade Law in Maintaining Trade and Investment Stability
This study discusses Indonesia's compliance with international trade law under globalization, economic integration, and domestic regulatory challenges. Compliance with international trade law is crucial for Indonesia to increase global market access, attract foreign investment, and strengthen the competitiveness of national products. Supporting factors for compliance include awareness of economic benefits, trade stability, and involvement in international trade organizations and agreements such as the WTO, ASEAN, and RCEP. On the other hand, there are inhibiting factors that include weak international law enforcement mechanisms and challenges in harmonizing national regulations with global trade standards. Globalization has accelerated Indonesia's integration into the world economy, demanding adjustments to trade policies to comply with international provisions despite challenges such as industrial competition and dynamics of domestic interests. International organizations, especially the WTO, play an essential function in ensuring Indonesia's compliance with trade law through monitoring and dispute resolution mechanisms. The compliance is driven by the basic principles of international trade law, such as non-discrimination, transparency, and fair trade, which require Indonesia to adjust its trade regulations to avoid sanctions and strengthen national economic stability. Thus, this study highlights that compliance with international trade law is not merely a legal obligation but a strategic step in maintaining Indonesia's position in the global economy and ensuring sustainable economic growth amidst the dynamics of international trade.
Copyright (c) 2025 Ahmad Rivialdi, Mohamad Tohari, Hono Sejati https://creativecommons.org/licenses/by/4.0
Reorientation of Law Enforcement Policy in Combating Environmental Pollution by Corporations
This study discusses environmental law regulations in Indonesia as regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) and Law Number 6 of 2023 concerning Job Creation, which regulate administrative, civil, and criminal sanctions for perpetrators of environmental pollution. Although it has strict legal provisions, its implementation and enforcement still face various challenges, such as weak supervision, the dominance of administrative sanctions over criminal sanctions, and difficulties in the process of proving environmental crimes. Compared to regulations in other countries, Indonesia still needs to strengthen the law enforcement mechanism to be more effective in providing a deterrent effect on perpetrators of pollution. This study highlights the role of law enforcement officers, the weakness of inter-agency coordination, and the importance of synergy between the government, law enforcement agencies, non-governmental organizations, and the community in increasing the effectiveness of environmental law enforcement. With a more transparent and accountable approach, it is hoped that environmental law regulations in Indonesia can run more optimally in protecting and managing the environment sustainably.
Copyright (c) 2025 Dimas Fitriadi, Wieke Dewi Suryandari, Mohamad Tohari https://creativecommons.org/licenses/by/4.0
Evaluation of the Legal Framework for Personal Data Protection and Cybersecurity in the Digital Age in the Context of the Urgency of Reform and the Formulation of a National Digital Security Law in Indonesia
Rapid developments in information technology have driven digital transformation in various aspects of life, from the government and economic sectors to social life. Amidst this progress, significant new challenges have also emerged, one of which is the threat to personal data protection and cybersecurity. The misuse of personal data, leaks of sensitive information, and the prevalence of cyber attacks have become urgent legal issues that must be addressed comprehensively. The protection of personal data is no longer merely a technical issue, but has become part of the fulfillment of human rights, particularly the right to privacy and security in digital life. The state, as the legal duty bearer, has the responsibility to formulate and implement adequate regulations to guarantee these rights. In this context, this study aims to examine in depth the urgency of personal data protection and cyber security in the digital era, analyze the effectiveness of existing regulations, and highlight the need to formulate a Cyber Security and Resilience Law as a strategic step to deal with the complexity of digital threats. This study uses a normative juridical method with a legislative and conceptual approach, which is based on a study of written legal norms and a conceptual understanding of the right to privacy, legal protection, and cybersecurity principles. The research data sources consist of primary legal materials such as legislation, as well as secondary legal materials in the form of legal literature, academic journals, and opinions from legal experts. With this framework, this research is expected to contribute theoretically to strengthening the legal basis for data protection and cybersecurity in Indonesia.
Copyright (c) 2025 Jon Rudol Manungkalit, Wieke Dewi Suryandari, Hono Sejati https://creativecommons.org/licenses/by/4.0
Legal Reform on Network Security and Cybercrime in Information and Electronic Transaction Law
Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) aims to strengthen regulations against cybercrime in Indonesia. However, despite the revision, the ITE Law still faces various limitations in legal scope, enforcement mechanisms, and protection of victims. This study analyzes the challenges in implementing the ITE Law, including inconsistent regulations with technological developments, limited law enforcement resources, and lack of coordination between authorized agencies in handling cybercrime. In addition, obstacles in obtaining electronic evidence and the potential for misuse of regulations limiting freedom of expression are also issues that need attention. Therefore, more comprehensive legal reforms are needed, as increased capacity of law enforcement officers and transparency in the preparation of cybersecurity policies to balance the protection of digital security and respect for human rights in cyberspace.
Copyright (c) 2025 Lastri Riyanti, Lamijan, Muhammad Zainudin https://creativecommons.org/licenses/by/4.0
Legal Dilemma of Legality Aspect Blockchain and Cryptocurrency Transaction in Indonesia
Cryptocurrency regulation in Indonesia faces complexity due to differences in approach between Bank Indonesia (BI), the Commodity Futures Trading Supervisory Agency (Bappebti), and the Financial Services Authority (OJK), which creates legal uncertainty for the public and business actors. BI prohibits cryptocurrency as a means of payment, Bappebti classifies it as a tradable commodity, while OJK limits the involvement of financial institutions in crypto-asset transactions. This disharmony impacts legal certainty, consumer protection, and supervision of the potential misuse of cryptocurrency in criminal acts such as money laundering and terrorism financing. Although the government has regulated taxes on cryptocurrency transactions through the Minister of Finance Regulation, regulations related to investor protection and supervision mechanisms still need to be clarified. Therefore, policy harmonization is needed between BI, Bappebti, OJK, and other relevant authorities to create clear regulations, balance between supervision and innovation, and provide legal certainty for the cryptocurrency ecosystem in Indonesia to encourage sustainable digital economic growth.
Copyright (c) 2025 Wahyu Tri Setiyo Nugroho, Naya Amin Zaini, Hono Sejati https://creativecommons.org/licenses/by/4.0
The Influence of Candidates' Ethnic Identity on Student Voting Participation in the Student Executive Board Elections of the Faculty of Law, UNJA
Student political participation in campus elections (Pemira) is influenced by various factors, one of which is the perception of the candidates' ethnic identity. This study aims to analyze the extent to which ethnic identity influences student voting behavior in Pemira BEM Faculty of Law, University of Jambi. The method used is quantitative research with a survey technique through a questionnaire distributed to 350 active student respondents. Data were analyzed using correlation tests and simple linear regression to examine the relationship between the candidates' ethnic identity and voter participation levels. The results show that ethnic identity has a significant influence on students' voting decisions, so that students' political preferences are not entirely based on the capabilities and vision and mission of the candidates, but also on the proximity of their social identities. These findings indicate that campus political dynamics are still influenced by group identity factors, and more inclusive political education is needed so that voter participation is more oriented towards the competencies and ideas of the candidates.
Copyright (c) 2025 Putri GL Sianturi, Hatta Abdi Muhammad, Cholillah Suci Pratiwi, Dori Efendi https://creativecommons.org/licenses/by/4.0
Legal Dynamics of Handling Transnational Cybercrime Based on International Legal Principles
Cyber ??law enforcement at the international level faces complex challenges due to differences in jurisdiction and rapid technological developments. The study examines the significance of bilateral and multilateral cooperation in strengthening the effectiveness of cyber law enforcement, both through agreements between countries and coordination with international organizations such as INTERPOL and Europol. In addition, investment in cybersecurity technology, increasing human resource capacity, and collaboration between governments and the private sector are crucial factors in strengthening resilience to cyber threats. The role of technology companies is increasingly significant in developing more sophisticated security systems and supporting public education on data protection. With an integrated strategy, this study emphasizes the need for a holistic approach in dealing with cybercrime so that the investigation and law enforcement process can run more effectively and be coordinated globally.
Copyright (c) 2025 Gunawan, Muhammad Zainudin, Naya Amin Zaini https://creativecommons.org/licenses/by/4.0
Digitalization of Judiciary Through E-Court Implementation to Improve the Effectiveness and Efficiency of Indonesia’s Judicial System
This study discusses the digitalization of justice through the implementation of E-Court to improve the effectiveness and efficiency of the justice system in Indonesia. Using a normative research method with a statute approach and conceptual approach, this study analyzes the implementation of justice in the digital era and law enforcement instruments in the E-Court system. The results show that although the E-Court strives to simplify judicial procedures, this system still encounters administrative challenges and high access costs for the community, especially in remote areas. From the aspects of legal substance, legal structure, legal culture, and legal infrastructure, there are still obstacles in regulation, institutional readiness, user resistance, and technological gaps. Therefore, responsive steps are needed from judicial institutions in strengthening regulations, increasing human resource readiness, expanding access to technology, and ensuring system security to realize the principles of simple, fast, and low-cost justice following the principles of inclusive and equitable justice.
Copyright (c) 2025 G.A Firdaus Natapatria, Irfan Rizky Hutomo, Wieke Dewi Suryandari https://creativecommons.org/licenses/by/4.0
The Urgency of Legal Harmonization and Increasing Access to Justice to Prevent Discrimination and Violations of the Rights of Indonesian Migrant Workers
Migrant workers have fundamental rights to a safe working environment, fair treatment, and protection from exploitation and discrimination, as stipulated in Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and various international legal instruments. However, in practice, violations of migrant workers' rights still often occur, including the lack of occupational safety standards, unilateral wage deductions, late salary payments, and discrimination based on race, gender, and immigration status. Weak supervision and law enforcement in both countries of origin and destination leave migrant workers vulnerable to inadequate working conditions. The employment contract as a binding legal instrument between employers and workers should be the basis for protection for migrant workers, but its implementation is often ineffective due to the imbalance of power between workers and employers. Therefore, this study highlights the importance of strengthening the supervision mechanism for employment contracts, increasing access to legal aid, and cooperating between sending and receiving countries to ensure the effective implementation of migrant worker protection standards. Efforts such as improving the complaint system, education on workers' rights, and increasing bilateral and multilateral cooperation need to be continuously carried out to ensure that migrant workers can work in safe, fair, and dignified conditions.
Copyright (c) 2025 Muhammad Zarkasih, Mohamad Tohari, Wieke Dewi Suryandari https://creativecommons.org/licenses/by/4.0
Effectiveness of the Implementation of the Child Protection Law and the Domestic Violence Law in Handling Cases of Sexual Violence against Children
The goals of Law Number 23 of 2004 about the Elimination of Domestic Violence (PKDRT) and Law Number 35 of 2014 concerning Child Protection are to protect children from various forms of violence and to ensure their rights, including sexual violence, both in educational environments, society, and in the household. This study examines the provisions in both laws that specifically regulate the protection of children from sexual violence, including children's rights to a safe environment, state obligations in preventing and handling cases, and legal sanctions against perpetrators. The Child Protection Law affirms children's rights to receive protection from sexual crimes through articles that regulate education, rehabilitation, psychosocial assistance, and a fair legal process for victims, While the PKDRT Law offers a strong legal foundation for safeguarding children from domestic abuse, it also imposes severe penalties on those who engage in sexual violence against minors. Although these regulations have provided strong legal protection, their implementation still faces challenges, such as low reporting rates due to social and economic factors, lack of public awareness, and limitations in law enforcement. Therefore, this study emphasizes the importance of concrete steps in increasing the effectiveness of child protection from sexual violence, such as strengthening prevention policies, providing assistance services for victims, and more optimal law enforcement to create a safe and violence-free environment for children.
Copyright (c) 2025 Deckhy Rian Embar Yunianto, Hono Sejati, Tri Susilowati https://creativecommons.org/licenses/by/4.0
Enhancing Urban Spatial Planning Effectiveness Through Simplification of Procedures and Harmonization of Policies Between Central and Regional Governments
This study analyzes the legal challenges in spatial planning and land management in urban areas based on Law Number 26 of 2007 concerning Spatial Planning, using descriptive research methods to describe spatial conditions and provide rational and balanced interpretations. The results of the study indicate that the main problems in spatial management include the preparation of spatial plans that are still hampered by complex and bureaucratic procedures, policy implementation that is often not in accordance with the plan due to regulatory disharmony between the central and regional governments, and weak supervision that causes rampant violations of spatial planning without effective sanctions. In addition, suboptimal coordination between related sectors and the lack of capacity of local governments to utilize information technology, such as geographic information systems (GIS), also hamper efficient and adaptive spatial management of urban dynamics. Strategic efforts are needed in the form of simplifying spatial revision procedures, harmonizing central and regional policies, strengthening supervisory institutions by increasing their authority and capacity, stricter law enforcement against spatial violations, and improving community involvement in spatial supervision to create a more sustainable, responsive, and in-line spatial planning system with socio-economic developments in urban areas.
Copyright (c) 2025 Agus Tri Atmoko, Hono Sejati, Muhammad Zainuddin https://creativecommons.org/licenses/by/4.0
Protection of Minority Rights to Equality Before the Law in the Legal System in Indonesia
Reform in Indonesia brings great expectacy for respect for human rights, including protection for minority groups. However, in reality, discrimination still occurs that is contrary to the ideals of the reform. This study aims to analyze legal protection for minority groups in Indonesia using normative legal methods through literature studies and analysis of laws and regulations. The results indicate that although there are various national legal instruments, such as the 1945 Constitution, and the Human Rights Law, and ratification of international instruments such as the ICCPR and ICERD, the implementation of legal protection for minority groups still faces various challenges. The main factors that hinder the effectiveness of this protection include structural discrimination, weak law enforcement, and the lack of concrete affirmative policies. Therefore, strategic steps are needed in the policy of protecting minority groups, including a more progressive human rights-based approach, strengthening regulations, and increasing the government's commitment to enforcing fair and equal legal protection for all citizens, including minority groups.
Copyright (c) 2025 Rian Panji Satria, Hono Sejati, Irfan Rizky Hutomo https://creativecommons.org/licenses/by/4.0
Renewal of People's Mining Business Permit Regulations as an Instrument for Improving Community Welfare
Artisanal mining plays a strategic role in empowering the local economy, but its practice is often hampered by legal uncertainty, overlapping permits, and weak oversight. This study aims to examine the need for legal reform related to the People's Mining Business Permit (IUPR) so that it can function effectively as an instrument for improving community welfare. The research method used is a normative juridical approach, with an analysis of laws and regulations, including Law Number 4 of 2009 concerning Mineral and Coal Mining, amendments to Law Number 3 of 2020 in conjunction with Law Number 2 of 2025, and Government Regulation Number 96 of 2021 in conjunction with Government Regulation Number 25 of 2024. The results of the study indicate that although regulations already regulate the IUPR mechanism, its implementation is hampered by limited capital, overlapping areas, weak oversight, and suboptimal regional government coordination. Therefore, legal reform is needed, including strengthening derivative regulations, simplifying permit procedures, increasing access to financing, and synergy between central and regional governments so that the IUPR is truly able to provide legal certainty, encourage economic equality, and improve community welfare.
Copyright (c) 2025 Ade Zamrah, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Legal Updates to the Disciplinary Sanctions Mechanism for Medical and Health Workers in Article 308 of Law Number 17 of 2023 concerning Health
Law Number 17 of 2023 concerning Health brings significant reforms in the governance of the medical and health professional profession, replacing the previous provisions in Law No. 36 of 2009. One important innovation is the affirmation of the authority of the Professional Disciplinary Council to provide recommendations for sanctions for disciplinary violations, as stipulated in Article 308, which is supported by its implementation through Government Regulation Number 28 of 2024 and Minister of Health Regulation No. 3 of 2025. This provision has broad legal implications because it regulates the mechanism of disciplinary sanctions, restrictions or revocation of practice permits, and their relationship to criminal and civil law enforcement. This study uses a normative legal method with a statutory and conceptual approach, as well as a comparative analysis of disciplinary regulations before and after the 2023 Health Law. The results of the study indicate that this reform provides a stronger, more structured, and accountable legal basis for the Professional Disciplinary Council, but creates the potential for overlapping authority with law enforcement officials and challenges in ensuring the principle of due process for medical and health workers. Therefore, regulatory harmonization, procedural clarity, and transparent appeal mechanisms are crucial to ensure a balance between patient protection, legal certainty, and the rights of health workers.
Copyright (c) 2025 Arthur Daniel Thomas Betlehem, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Updates to the Assembly's Recommendation Mechanism in Article 308 of Law Number 17 of 2023 concerning Health to Prevent Premature Investigations of Medical Personnel
Article 308 of Law Number 17 of 2023 concerning Health regulates the mechanism for recommendations from the panel prior to an investigation into medical personnel or health workers suspected of committing legal violations in the provision of health services. However, in practice, there are legal gaps, including unclear criteria for the panel in issuing recommendations, undefined professional standards, and consequences if the panel neglects or delays its recommendations. This gap has the potential to lead to premature investigations that can be detrimental to medical personnel. This study aims to analyze this legal gap and formulate proposals for reforming the panel's recommendation mechanism to make it clearer, more objective, and more effective in providing legal protection for medical personnel. The research method uses a normative-juridical approach, with an analysis of laws and regulations, legal doctrine, and case studies related to investigations of health workers. The results of this study are expected to form the basis for legal reform that guarantees legal certainty, transparency, and protection for the professional practices of medical personnel in the context of safe and responsible health services.
Copyright (c) 2025 Arthur Daniel Thomas Betlehem, KMS Herman https://creativecommons.org/licenses/by/4.0
Utilization of Artificial Intelligence in Cybercrime Investigation Process and Protection of Suspects' Human Rights
The use of artificial intelligence (AI) in cybercrime investigations presents an opportunity to increase the effectiveness of law enforcement through digital forensic analysis, crime pattern detection, and electronic evidence processing. However, the application of AI also raises legal challenges, particularly regarding the validity of evidence, the principle of chain of custody, and potential violations of suspects' human rights, such as the right to privacy and the right to legal counsel, as guaranteed in Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection, Law Number 8 of 1981 concerning the Criminal Procedure Code, and Law Number 1 of 2023 concerning the Criminal Code. A normative legal analysis shows that current regulations do not specifically regulate the mechanisms for using AI in investigations, thus creating legal uncertainty and the risk of algorithmic bias that could harm suspects. Therefore, legal reforms are needed in the form of developing technical guidelines, AI system audit standards, and specific regulations that balance the effectiveness of law enforcement with the protection of human rights. Harmonizing technology, due process principles, and human rights protection will ensure that the use of AI not only improves investigative capacity but also strengthens legal certainty and the legitimacy of criminal justice processes in the digital era.
Copyright (c) 2025 Chitto Cumbhadrika, KMS Herman https://creativecommons.org/licenses/by/4.0