Greenation International Journal of Law and Social Sciences
Greenation International Journal of Law and Social Sciences (GIJLSS) from Volume 1 Number 1 of 2023 to Volume 5 Number 2 of 2027 Accredited Sinta Rank 2 according to Accreditation number: 2/C/C3/KPT/2026, March 6rd, 2026. 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 6 (four) times a year, namely in March, May, July, September, November, January. 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.
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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.
The Techno-Oligarchic Communication Paradox: Corporate Media Effects and Democratic Deficit in Indonesian Political Parties
Indonesian political parties exhibit a persistent democratic contradiction: electoral turnout above 79% coexists with party trust at only 35%, while algorithmic media ecology has simultaneously enabled civic mobilization and reinforced oligarchic entrenchment. Drawing on a qualitative constructivist design integrating PRISMA-guided systematic literature review (N = 44 studies, 2019–2025), single-case study of the Perindo Party, and systematic social media content analysis (N = 400 posts, κ = 0.81), this study extends Aeron Davis's (2019) four-phase media effects model through the proposed Techno-Oligarchic Communication Paradox (TOCP) framework. TOCP formalizes three structural mechanisms—Funding Corporatocracy, Digital Personalization Without Participation, and Algorithmic Legitimation Substitution—that explain how Phase 4 digital communication technologies paradoxically deepen democratic deficits within oligarchic institutional logics. Perindo's deployment of MNC Group infrastructure (68% corporate content), figure-centric microtargeting (79% HT-branded), and high algorithmic reach (34% youth) produced comprehension failure (72% unable to identify party platform) and legitimacy decline (−21 points in trust; electability at 4.1%). TOCP advances Davis's framework by centering corporate media ownership as an organizing structural variable applicable to emerging democracies in which media–party fusion is constitutive of the political communication landscape.
Copyright (c) 2026 Rachmat Hidayat, Pritha Ayodya, Mochamad Husni, Ressa Uli Patrissia, Prasetya Yoga Santoso https://creativecommons.org/licenses/by/4.0
‘A Prophetic Approach to Bullying Prevention: The Role of ‘Aisyiyah in Central Java
Title: Prophetic Approach to Bullying Prevention: The Role of Aisiyah Central Java. Object: 'Aisyiyah as a Muhammadiyah women's organization in Central Java that implements prophetic values.' Aisyiyah is a community organization that also supervises educational institutions, especially in handling bullying issues in Central Java. The handling of complex bullying cases encourages Aisyiyah institutions to address them as autonomous Muhammadiyah organizations. Method: This study uses a non-doctrinal method with a sociological approach. Data from interviews with reliable sources are analyzed using qualitative methods to obtain objective research results. Results: Aisiyah's actions in handling bullying cases in elementary and secondary schools are a form of implementing Islamic values to protect the rights of women and children in educational institutions. The prophetic approach is carried out by accompanying victims of abuse spiritually by religious leaders. Conclusion: The role of 'Aisyiyah in the act of pseudo-autonomy does not contradict the policy of the Regional Government.
Copyright (c) 2026 Nuria Siswi Enggarani, Achmad Miftah Farid, Arief Budiono https://creativecommons.org/licenses/by/4.0
The Use of Artificial Intelligence by Judges in Adjudicating Cases
The increasingly massive development of artificial intelligence has touched the judicial sphere and raised fundamental questions about how the law should respond. This article examines the relationship among judges, the law, and artificial intelligence through normative studies, using statutory and conceptual approaches, combined with a sociolegal approach grounded in Social Construction Theory, especially the Social Construction of Technology (SCOT). The study's results indicate that artificial intelligence technology is not a neutral, stand-alone entity, but rather is shaped by the values, norms, and interests of the social actors interacting within it. In the judicial context, judges, as social actors, have an active role in shaping how technology is adopted and used, rather than simply being passive recipients of technological innovation. The Indonesian legal system still faces a significant gap in norms governing artificial intelligence in the judicial environment, necessitating a legal construction grounded in constitutional values ​​while being sensitive to the dynamics of the social construction of technology. Artificial intelligence should be positioned as an instrument that supports judges' capacity, not a substitute for judicial authority, accompanied by ethical oversight mechanisms, algorithmic accountability, and strengthened technological literacy for all judicial officials.
Copyright (c) 2026 Andreas Eno Tirtakusuma, Eleazar Josiah Tirtakusuma https://creativecommons.org/licenses/by/4.0
A Reconstruction of Justice in Natural Resource Governance Based on the Rights of Nature: The Restitution of the UNESA Reservoir in Surabaya
The control of natural resources within the Indonesian legal system to date continues to reflect the dominance of an anthropocentric paradigm, positioning nature primarily as an object of exploitation. Consequently, the conception of justice that emerges remains largely confined to the distributional dimension of benefits for human interests. This condition has resulted in inadequate protection of ecological functions and the failure to realize substantive justice encompassing environmental sustainability. This study aims to analyze the construction of justice in the control of natural resources, to examine the concept of the Rights of Nature from the perspective of natural philosophy and its relevance to legal reform, and to formulate a model for reconstructing justice based on the Rights of Nature in the case of the restitution of the UNESA Reservoir in Surabaya. The research employs a normative legal method, utilizing conceptual, statutory, and case-based approaches. The findings indicate that justice in the control of natural resources has not fully integrated the ecological dimension, whereas the Rights of Nature concept provides a foundational basis for expanding the meaning of justice through the recognition of the intrinsic value of nature. The reconstruction of justice is carried out through the strengthening of normative, institutional, and governance aspects, positioning ecosystem sustainability as an integral component of justice itself.
Copyright (c) 2026 Berliana Ayu Kusumawardani, Abdul Aziz Nasihudin, Sri Wahyu Handayani https://creativecommons.org/licenses/by/4.0
Power-Dependence Relations for Policy Formulation Gender Responsive Budgeting Case in West Sumatera Indonesia
While gender-responsive budgeting (GRB) aims to empower women, its execution often overlooks complex cultural landscapes. Addressing a critical research gap, this study moves beyond standard structural GRB assessments by examining its implementation within West Sumatra’s matrilineal society a unique context where women hold customary legitimacy but lack formal political influence. The novelty of this research lies in integrating policy network analysis with indigenous cultural paradigms to expose the exact disjuncture between symbolic gender authority and actual bureaucratic power. Through document analysis, interviews, and participatory observation, the study maps regional planning actors, revealing a narrow, hierarchical network. Power remains heavily concentrated among male bureaucrats and local parliaments, while women's organizations and civil society languish at the margins. This empirically confirms the "matrilineal paradox": customary female custodianship over lineage does not translate into formal political control, rendering local GRB merely administrative rather than transformative. The study makes a key theoretical contribution to feminist institutionalism and policy network theory by demonstrating how entrenched socio-cultural paradoxes can neutralize progressive fiscal policies. Ultimately, advancing GRB requires expanding policy networks to substantively integrate women’s and customary institutions, transforming budgeting from a performative task into genuine empowerment.
Copyright (c) 2026 Rozidateno Putri Hanida, Roy Valiant Salomo, Achmad Lutfi https://creativecommons.org/licenses/by/4.0
Indonesia's Geopolitical Calculation as a Middle Power in the Board of Peace Membership
Indonesia’s decision to join the US-led Board of Peace (BoP) on January 22, 2026, raised significant debate regarding its consistency with the nation’s bebas aktif (independent and active) foreign policy principle. However, existing literature has not systematically analyzed Indonesia’s geopolitical calculation as a middle power in this specific case. This study aims to unpack the strategic logic behind Indonesia’s BoP membership. Using a qualitative single case study design, it integrates Middle Power Theory and Foreign Policy Analysis through deductive content analysis of official documents, bilateral agreements, and think-tank reports. Three main findings emerge. First, a strong temporal correlation exists between BoP membership and the finalization of the Indonesia-US Agreement on Reciprocal Trade (ART) signed on the same day, revealing a diplomatic-economic nexus. Second, Indonesia’s choice to contribute military capabilities rather than financial fees reflects niche diplomacy logic. Third, BoP membership signals a shift from traditional non-alignment toward pragmatic multi-alignment, with the independent-active principle retained as a rhetorical frame. This study contributes to middle power literature by demonstrating that emerging middle powers prioritize strategic pragmatism over normative commitments.
Copyright (c) 2026 Muhammad Syahdan Aprillianza, Dedy Pribadi Uang https://creativecommons.org/licenses/by/4.0
Normative Analysis of Prevention of Re-Traumatization of Child Victims in Criminal Justice Proceedings on Standards of Examination and Protection of Children's Rights
This study examines the Prevention of re-traumatization (re-trauma) in child victims in the criminal justice process. Re-Trauma arises when the child is forced to repeat events, face pressing or entangling questions, meet the perpetrator, or his identity is exposed. The research uses normative legal methods with legislation, conceptual, and case approaches. Primary legal materials include the SPPA law, the child protection law, the Criminal Procedure Code, The Witness and Victim Protection Law, and the TPKS law, with illustrations of the verdict the results of the study show that Indonesian law already contains minimum standards: confidentiality of identity, assistance, Prohibition of entangling questions, as well as the option of electronic recording and audiovisual examination to reduce repeated examinations. The main obstacle is the lack of uniform technical guidelines and coordination between officials, so that protection can vary between cases. Research confirms the Prevention of re-trauma is not an issue of psychology alone, but rather a standard procedure that can be measured clearly.
Copyright (c) 2026 Yusuf Hanafi Pasaribu https://creativecommons.org/licenses/by/4.0
Political Party Endorsement in Supporting the Sole Candidate Muhammad Fadhil Arief and H. Bakhtiar in the 2024 Simultaneous Regional Election of Batanghari Regency
This study analyzes the political party endorsement strategies leading to the sole-candidate scenario in Batanghari Regency during the 2024 simultaneous regional elections and its implications for democratic quality. While existing literature largely focuses on multi-candidate competition, a significant research gap remains regarding the specific mechanisms of "political cartels" that eliminate local opposition. Using a qualitative case study approach with NVivo 12 Plus, the research identifies that strategic alliances (44.83%), resource considerations (31.03%), and electability (24.14%) were the primary drivers of unanimous endorsements. The findings demonstrate that this "Three-Actor Framework" transforms elections into referendum-style contests, driven by public perception (41.38%) and elite dominance (34.48%) rather than ideological alignment. This research contributes to the field by offering a novel analytical model of how institutional fragility and pragmatic coalition-building, specifically the prioritization of short-term success (41.38%) over cadre development (24.14%), effectively neutralize electoral competitiveness. The study concludes that the "cartelization" of local parties erodes democratic resilience, suggesting an urgent need for regulatory reforms to restore pluralism.
Copyright (c) 2026 Hatta Abdi Muhammad, Sutri Destemi Elsi, Cholillah Suci Pratiwi, Nasuhaidi Nasuhaidi, Arissy Jorgi Sutan https://creativecommons.org/licenses/by/4.0
Concept of Position and Role People's Consultative Assembly as an Embodiment of People's Sovereignty in the State System in Indonesia
The People's Consultative Assembly (MPR) is a state institution classified as a bicameral legislative institution in the constitutional system in Indonesia, with a membership composition consisting of members of the DPR and DPD. Condition gives rise to several potential problems, including conflicts of interest in carrying out their duties and authorities, so that it will be difficult to realize a people's sovereign democracy. It shows that first, the current position of the MPR is not related to a people's sovereign democracy, because there is a distortion of interests between the interests of the people and the interests of political parties, making it difficult for the MPR to accommodate the interests of the people. The importance of restructuring the position and role of the MPR to guarantee the upholding of the supremacy of democracy and the supremacy of the constitution, as mandated by the 1945 Constitution of the Republic of Indonesia.
Copyright (c) 2026 Ari Wibowo, Eni Dasuki Suhardini, Dani Durahman https://creativecommons.org/licenses/by/4.0
An Economic Analysis of Law on Legal Certainty in the Transition from Contract of Work to Licensing Regime in Indonesian Mining Law
This study examines the transition from the Contract of Work regime to a licensing-based regime in Indonesian mining law through the lens of Economic Analysis of Law, focusing on legal certainty, regulatory efficiency, and transaction costs. The transformation reflects a shift from contractual governance toward an administrative framework that redefines the relationship between the state and investors. This change raises a fundamental tension between investment stability and strengthened state control over natural resources. The objective of this study is to analyze how this institutional transition affects legal certainty and economic efficiency in the mining sector. This research employs a normative juridical method combined with a law and economics approach, operationalized by examining changes in transaction costs, regulatory predictability, and the distribution of authority. The findings indicate that the licensing regime may improve administrative efficiency and reduce coordination costs through centralized control, yet it simultaneously increases regulatory uncertainty and discretionary risks that affect legal predictability. This study argues that the relationship between efficiency and legal certainty is mediated by the quality of regulatory governance. The novelty lies in integrating legal certainty and transaction cost analysis to explain the governance implications of mining law reform in Indonesia.
Copyright (c) 2026 Mohamad Syah Indra Amanda, Richard C. Adam https://creativecommons.org/licenses/by/4.0
Inconsistency of Court Decisions on Legality of Yogyakarta No.68/KEP/2015 Governor Decree and Compliance
The dispute over the location determination for Kulon Progo Airport under the Governor of DIY Decree No. 68/KEP/2015 exposes not merely judicial inconsistency among the Administrative Court (PTUN), the Administrative High Court, and the Supreme Court, but a deeper doctrinal ambiguity in Indonesian administrative law. This article argues that the core issue is not simply whether the decree fulfills the criteria of a State Administrative Decision (KTUN), but the absence of a coherent framework to assess administrative acts with both regulatory and individual characteristics. By analyzing the divergent rulings, this study demonstrates that the Supreme Court’s decision constitutes a critical doctrinal shift. It redefines location determination as a justiciable KTUN and introduces a stricter standard of review that integrates formal legality with substantive compliance, particularly alignment with the Regional Spatial Plan (RTRW). The article’s main contribution lies in proposing the concept of “hybrid administrative decisions” to better capture the legal nature of such decrees. This conceptualization not only clarifies the object of administrative disputes but also strengthens judicial control over land acquisition policies. Ultimately, the study highlights the need for clearer legislative guidance to prevent future interpretative disparities and ensure stronger protection of citizens’ land rights.
Copyright (c) 2026 Marsha Merlina Hakim, Mahendra Wardhana https://creativecommons.org/licenses/by/4.0
The Urgency of Recognizing the 'Opt-Out Right' to Protect Consumer Personal Data in P2P Lending Fintech
Financial Technology (FinTech) has significantly advanced financial services in the digital era, with Peer-to-Peer (P2P) lending platforms emerging as a major example. While these platforms provide financial assistance, many operate under the principle of "forced consent," where users are required to agree to unnecessary data processing, such as for marketing or data analysis, as a condition for accessing core services. This practice violates the "lawful consent" principle outlined in the 1945 Constitution of the Republic of Indonesia and is implicitly prohibited under Law Number 27 of 2022 on Personal Data Protection and regulations by the Financial Services Authority. This study proposes a concrete solution by advocating for the adoption of the "Right to Opt-Out," a principle effectively implemented by the European Union through the General Data Protection Regulation (GDPR). The Right to Opt-Out allows individuals to refuse or limit the use of their personal data without losing access to essential services. Using a normative legal research method with a statutory approach, the study recommends incorporating the Right to Opt-Out into Indonesia's data protection framework, enhancing legal certainty and empowering consumers to control their personal data in P2P lending services.
Copyright (c) 2026 Nadia Carolina Weley, Shenti Agustini, David Tan, Tony Wibowo, Tony Tan https://creativecommons.org/licenses/by/4.0
Rethinking Digital Intellectual Property Protection in Indonesia: Comparative Insights from Singapore and the European Union
Indonesia’s current framework for removing Copyright- and trademark-infringing digital content remains fragmented, with no standardized notice-and-takedown procedure, unclear institutional oversight, and sanctions that lack deterrent effect. This study asks how Indonesia can strengthen its content-removal regime and align it with international best practices. The objective is to formulate legally sound and operational reforms by comparing Indonesia’s laws with Singapore’s regime and the European Union’s Digital Services Act (DSA) 2022. Using a normative juridical method with a comparative legal approach, the research examines statutory provisions, institutional arrangements, and enforcement mechanisms across the three jurisdictions. The findings show that the EU offers the most comprehensive and adaptive model, combining structured notice-and-action, automated measures, robust transparency duties, and independent oversight with turnover-based penalties. Singapore provides a pragmatic, moderately structured system with clear takedown pathways and a dedicated regulator (IMDA), though without automated removal obligations. Indonesia lags in procedural clarity, specialization, and proportionate sanctions. The article proposes three integrated reforms for Indonesia: (1) a standardized notice-and-takedown mechanism; (2) the establishment of an independent digital intellectual property supervisory authority; (3) strict statutory response time standards; and (4) clear, tiered platform liability rules, all of which are reinforced by proportionate, turnover-based sanctions. Grounded in progressive legal theory and Radbruch’s tripartite purpose of law, the study's significance lies in formulating a concrete, adaptive legislative roadmap capable of safeguarding intellectual property rights, compelling platform accountability, and aligning Indonesia's digital governance with international best practices.
Copyright (c) 2026 Rufinus Hotmaulana Hutauruk, Rosalinda, Hari Sutra Disemadi, Lu Sudirman https://creativecommons.org/licenses/by/4.0
The Legal Status of AYDA in Bankruptcy: Conflicts of Legal Norms and Implications for the Bankruptcy Estate
This study examines the legal position of collateral in the form of debtor-owned land that has been taken over by a bank through Agunan yang Diambil Alih (AYDA) in bankruptcy proceedings, particularly to determine whether such collateral remains part of the bankruptcy estate after the debtor is declared bankrupt. This research employs a normative legal method using statutory and conceptual approaches. It analyzes regulations related to bankruptcy law and AYDA, including the Banking Law, the Bankruptcy and Suspension of Debt Payment Obligations (PKPU) Law, Financial Services Authority (OJK) regulations, and relevant Supreme Court Circular Letters. The study finds that collateral under AYDA that has been legally transferred to the bank is no longer part of the bankruptcy estate. Conversely, collateral that has not been legally transferred through AYDA remains included in the bankruptcy estate. This study provides legal clarity for banks, curators, and other stakeholders regarding the status of AYDA collateral in bankruptcy proceedings, thereby supporting greater legal certainty and minimizing disputes in practice. This research offers a focused legal analysis on the intersection between AYDA mechanisms and bankruptcy law, an area that remains relatively underexplored, particularly in relation to determining the status of transferred collateral within the bankruptcy estate.
Copyright (c) 2026 Chandra Nadhi, M. Hadi Shubhan, Faizal Kurniawan, Qomara Sari, Astrid Athina Indradewi https://creativecommons.org/licenses/by/4.0
Legal Certainty and Protection for Online Motorcycle Taxi Drivers in Indonesia: A Normative Analysis of Unilateral Termination under Regulation No. 12/2019
The phenomenon of unilateral termination of online motorcycle taxi drivers has increasingly occurred. This situation indicates that the position of online motorcycle taxi drivers as partners is very weak, as such clauses are contained in partnership agreements. This study discusses the legal regulation of online motorcycle taxi drivers viewed from partnership-based agreements and the unilateral termination of Gojek drivers reviewed from Minister of Transportation Regulation Number 12 of 2019. The research method employed is normative juridical research. Data were collected through library research. The collected data were then analyzed qualitatively to obtain descriptive research results. The findings show that the regulations governing partnership agreements between online motorcycle taxi drivers and providers have not yet specifically regulated the provisions of such cooperation agreements. Currently, the legal basis governing partnership agreements refers only to the provisions of the Civil Code, the Law on Micro, Small, and Medium Enterprises, and Minister of Transportation Regulation Number 12 of 2019. However, there is no specific regulation governing the partnership relationship between drivers and online motorcycle taxi service providers. The scientific contribution of this research lies in its conceptualization of platform-based partnerships as a distinct legal regime requiring sui generis regulation. It advances the argument that the current classification of drivers as “partners” constitutes a legal fiction that obscures asymmetrical power relations. Accordingly, this study proposes the necessity of a dedicated regulatory framework that integrates principles of contractual fairness, procedural due process, and digital labor protection to ensure a more balanced and equitable legal relationship between platform providers and drivers.
Copyright (c) 2026 Pinta Cahya Thamrin, Astrid Amidiaputri Hasyyati https://creativecommons.org/licenses/by/4.0
Factors Influencing Political Stability in South America: The Roles of Rule of Law, Regulatory Quality, Control of Corruption, and Government Effectiveness
Political stability in South America varies significantly across countries and is closely linked to differences in governance quality and institutional capacity. This study aims to analyze the relative influence of the rule of law, regulatory quality, control of corruption, and government effectiveness on political stability across 12 South American countries. The research employs an explanatory quantitative design using cross-national secondary data, analyzed through descriptive statistics, correlation analysis, and multiple linear regression. The findings indicate that all governance dimensions are positively associated with political stability; however, only the rule of law shows a statistically significant effect when all variables are analyzed simultaneously. Other dimensions lose significance, suggesting overlapping roles and potential institutional substitution. These results demonstrate a hierarchical relationship among governance dimensions. The study concludes that strengthening legal institutions and law enforcement is the most critical factor in sustaining long-term political stability in South America.
Copyright (c) 2026 Muhammad Ardiansyah, Achmad Nurmandi, Herman Lawelai, Muhammad Younus, Wahdania Suardi, Sandi Lubis https://creativecommons.org/licenses/by/4.0
Agrarian Conflict and the Restriction of Access to Living Spaces: A Case Study of PT. Wira Karya Sakti and Bukit Bakar Village
This comprehensive sociological and legal study investigates the agrarian conflict between PT Wira Karya Sakti and the Bukit Bakar community, manifesting as coercive territorial exclusion rather than mere administrative disputes. Utilizing qualitative methods through secondary data triangulation and doctrinal analysis, this research aims to critically deconstruct the formalistic implementation of Article 50 of the Indonesian Forestry Law. Findings reveal that territorial exclusion operates systematically through regulation, force, market manipulation, and legitimation, clearly constituting a textbook case of state and corporate crime. The state apparatus actively facilitates this physical dispossession, granting absolute impunity to transnational capital while explicitly criminalizing customary tenure. Consequently, the prevailing legal positivism contradicts the ecological justice mandate enshrined in the Green Constitution (Article 33 of the 1945 Constitution). Furthermore, the study demonstrates that Alternative Dispute Resolution mechanisms fundamentally fail in these asymmetrical power landscapes, transforming into sophisticated instruments of coerced subordination rather than equitable consensus. In conclusion, the structural resolution of forestry and agrarian conflicts demands a radical jurisprudential paradigm shift. Moving definitively beyond orthodox legal formalism, the state must comprehensively implement the Green Constitution, ensuring that regulatory frameworks protect communal living spaces and ecological sovereignty instead of serving as bureaucratic catalysts for oligarchical accumulation and repression.
Copyright (c) 2026 Atik Winanti, Alisya Rahma Saebani https://creativecommons.org/licenses/by/4.0
Reconstruction of the Law on Air Transportation Tariff in order to Achieve Legal Certainty and Justice in Indonesia
This study aims to formulate a legal reconstruction model for airfare setting to achieve legal certainty and justice in Indonesia. The method used is normative juridical, with statutory and analytical approaches, to Law Number 1 of 2009 concerning Aviation and its derivative regulations. The results indicate that the rigid price caps regulation has proven ineffective in accommodating fare surges driven by fundamental market forces, such as rising fuel costs, unfavourable exchange rates, and modern market mechanisms. Legal reconstruction is suggested through a hybrid tariff regulatory framework that balances state control with market flexibility, allowing market forces to drive efficiency while simultaneously defending the market from anti-competitive abuse and robustly protecting the rights of consumers. This model is expected to create an adaptive tariff system, provide legal certainty, ensure social justice, and support the sustainability of the aviation market in Indonesia.
Copyright (c) 2026 Enny Kristiani, Faisal Santiago, Binsar Jon Vic S. https://creativecommons.org/licenses/by/4.0
From Contract of Work to Licensing Regime: Balancing State Sovereignty and Legal Certainty in Indonesia’s Mining Law Transformation
The transformation of Indonesia’s mining legal framework from the contract of work regime to the licensing regime represents a significant restructuring of the relationship between the state and investors in the governance of natural resources. While this shift reflects an effort to strengthen state sovereignty and enhance regulatory control over strategic resources, it also raises complex questions regarding the evolving nature of legal certainty in investment activities. This study aims to critically examine the comparative characteristics of both regimes and their implications for legal certainty within Indonesia’s mining sector. The research employs a normative juridical method supported by statutory, conceptual, and comparative approaches. The findings indicate that the relationship between contractual stability and administrative flexibility is not strictly dichotomous, but rather reflects a dynamic tension shaped by regulatory design, institutional practice, and governance objectives. Although the licensing regime increases state discretion in resource management, its impact on legal certainty is contingent upon regulatory consistency and institutional coherence, rather than the regime itself. This study concludes that the transformation of mining law should not be interpreted as a linear decline or improvement in legal certainty, but as a complex reconfiguration of legal governance that requires a more balanced approach between state authority, investor protection, and sustainable resource management.
Copyright (c) 2026 Mohamad Syah Indra Aman, Richard Adam Adam https://creativecommons.org/licenses/by/4.0
Settlement of Industrial Relations Disputes Based on Work Decisions Generated by Automatic Systems
The development of information technology encourages the use of automated systems in employment decision-making, such as performance assessment, supervision, sanctions, transfers, and the sustainability of employment relationships. While it improves efficiency, it has the potential to lead to industrial relations disputes, especially if done without transparency, correction mechanisms, and adequate human oversight. This study aims to analyze the legal status of automated system-based work decisions and dispute resolution in Indonesian law, especially in the case of worker mutation to remote locations to encourage resignation and avoid severance pay obligations. The method used is normative legal research with legislative, conceptual, and case approaches. The results of the study show that automated systems are not subject to law, so the responsibility remains with the employer. Decision testing refers to the principles of legal protection, legal certainty, procedural fairness, and accountability.
Copyright (c) 2026 Firkha Amidana, Adi Muliawansyah Malie https://creativecommons.org/licenses/by/4.0
Power Contestation and Shadow Institutionalization: Explaning Healthy City Policy Sustainability in Indonesia
The Healthy City (Kabupaten/Kota Sehat, KKS) programme in Indonesia presents a theoretically unresolved paradox: 39.5% of high-achieving districts experience programme discontinuity even under same-party leadership with the programme formally embedded in regional planning documents. This article proposes a novel analytical framework by integrating multidimensional power contestation theory (Lukes, 2005; Foucault, 1980) with gradual institutional change theory (Mahoney & Thelen, 2010), drawing illustratively on Semarang City a consecutive Wistara award recipient that failed national verification in 2023 under the same party leadership. Two conceptual contributions are advanced. First, the concept of shallow institutionalisation distinguishes programme formalisation (administrative compliance) from programme internalisation (genuine cultural change and community ownership). Second, a KKS sustainability model identifies three hierarchically ordered conditions: formalisation as necessary, internalisation as sufficient, and autonomous collaborative networks as protective. The article argues that conventional policy sustainability theory neglects intra-party elite circulation as a more deterministic explanatory variable than party affiliation per se. The framework contributes to institutionalism and governance literatures and carries practical implications for redesigning collaborative health programmes in decentralised governance contexts.
Copyright (c) 2026 Yuni Purwani, Teguh Yuwono, Fitriyah, Nunik Retno Herawati, Hermawan Budiyanto https://creativecommons.org/licenses/by/4.0
Artificial Intelligence (AI)-Driven Mediated Communication Strategies: A Case Study of Sellers in Shopee's Live Streaming E-Commerce Platform
The utilization of live-streaming features on e-commerce platforms such as Shopee creates a real-time interaction space between sellers and consumers. At the same time, artificial intelligence (AI) technologies, including chatbots and automatic recommendation systems, increasingly shape the communication patterns within this space. This study, AI-Driven Mediated Communication Strategies: A Case Study of Sellers in Shopee’s Live Streaming E-Commerce Platform, examines how AI features influence the communication strategies employed by business operators during live streaming. Using an interpretive qualitative approach, this research involved three active Shopee sellers who regularly conduct live-streaming activities. The analysis draws on Actor-Network Theory (ANT) and AI-Mediated Communication (AIMC). The findings show that AI functions as a non-human actor within the communication network between sellers and buyers. AI supports interaction by answering common questions automatically, displaying relevant products, and helping sellers adjust their communication strategies. Thus, AI is no longer merely a supporting tool, but also an active partner in shaping digital communication in e-commerce.
Copyright (c) 2026 Siti Retno Wulandari, Ana Noviani, Andhika Prasetyo, Irwansyah https://creativecommons.org/licenses/by/4.0
Data Commercialization in Cybersecurity Law and Policy: A Comparative Study of Indonesia and Malaysia
The rapid development of the digital economy has accelerated the commercialization of personal data in Indonesia and Malaysia, raising significant concerns regarding cybersecurity and consumer protection. This study aims to analyze and compare the legal frameworks governing data commercialization in both countries, particularly Indonesia’s Personal Data Protection Law and Malaysia’s Personal Data Protection Act 2010. Using a normative juridical and comparative approach, the study examines regulations related to consent, transparency, consumer rights, and law enforcement. The findings indicate that although both countries have established legal protections for personal data, major challenges remain in implementation, supervision, and enforcement. Weak transparency, unclear consent mechanisms, limited institutional oversight, and inadequate sanctions continue to create risks of personal data misuse and privacy violations. Furthermore, the imbalance of power between corporations and consumers often limits individuals’ control over their personal information. This study concludes that stronger legal enforcement, improved transparency, enhanced consumer awareness, and collaboration between governments, corporations, and society are necessary to ensure effective consumer data protection and create a safer digital ecosystem in Indonesia and Malaysia.
Copyright (c) 2026 Hanifah Ghafila Romadona, Mimi Sintia Mohd Bajury, Febri Jaya, Stefanus Eko Prasetyo, Haeruddin https://creativecommons.org/licenses/by/4.0
Evolution of the Grand Narrative of the Climate Crisis in the President's State of the Nation Address
The construction of the climate crisis narrative in the state addresses of the Presidents of the Republic of Indonesia for the 2001–2024 period uses the Fantasy Theme Analysis (FTA) approach within the Fantasy Theme Analysis (FTA) framework. This study aims to reveal how the state constructs meaning about climate change through dramatic elements such as scenes, characters, and plots in state addresses and how these narrative changes reflect the dynamics of environmental politics in Indonesia. The method used is qualitative interpretative with text analysis of approximately twenty state addresses from the eras of Megawati Soekarnoputri, Susilo Bambang Yudhoyono, and Joko Widodo. The results show a significant shift in the construction of the climate crisis narrative in each leadership period. In the Megawati era, environmental issues were positioned as ecological vulnerabilities in the context of national recovery. In the SBY era, the narrative evolved into climate leadership that positioned Indonesia as a global actor in environmental diplomacy. Meanwhile, in the Jokowi era, climate issues were integrated into the green pragmatism narrative oriented towards economic transformation and industrial downstreaming. This shift shows that the issue of climate change is not static, but rather is politically constructed according to development priorities and government legitimacy strategies. This study concludes that the state address serves not only as a medium for policy communication but also as an instrument for shaping rhetorical visions that influence how the public understands the climate crisis. Thus, Fantasy Theme Analysis (FTA) proves relevant for studying environmental political communication in developing countries, particularly in examining the relationship between narrative, power, and policy legitimacy.
Copyright (c) 2026 Achmad Jais Mustafa https://creativecommons.org/licenses/by/4.0
Implementation of Child-Friendly Justice Principles in the Criminal Justice System: Preventing Secondary Victimization among Child Victims of Violence
Child victims of violence involved in the criminal justice system are vulnerable to secondary victimization due to various legal procedures that may cause psychological distress and retraumatization. This condition highlights the importance of implementing child-friendly justice principles as a means of safeguarding children throughout legal proceedings. This study aims to analyze the implementation of child-friendly justice principles within the Indonesian criminal justice system and to identify their contribution to preventing secondary victimization among child victims of violence. This study contributes to the literature by examining child-friendly justice as a preventive framework against secondary victimization and by linking international child protection standards with the Indonesian criminal justice system. The research employs a normative legal research method using statutory and conceptual approaches. Research data were collected through library research, encompassing legislation, international legal instruments, scholarly literature, and relevant previous studies. Data were analyzed qualitatively through interpretation, comparison, and evaluation of legal provisions and concepts related to child protection. The findings indicate that child-friendly justice principles have been incorporated into various national regulations; however, their implementation continues to face challenges, including limited child-friendly facilities, inadequate professional competence among law enforcement officials, and insufficient support services. The application of child-friendly interview rooms, single-interview procedures, psychological assistance, identity protection, and the involvement of trained personnel has been shown to contribute to reducing the risk of secondary victimization. Therefore, strengthening the implementation of child-friendly justice principles is essential to establishing a criminal justice system that is more responsive to the protection and recovery of child victims of violence.
Copyright (c) 2026 Anggreany Haryani Putri, Endang Hadrian, Trias Saputra https://creativecommons.org/licenses/by/4.0
Child Rights Protection Compliance Ecosystem in Indonesia: Harmonization of the CRC, Digital Risks, Legal Pluralism, and Participation
This article examined the minimum obligations of the Convention on the Rights of the Child (CRC) can be operationalized in the Indonesian context, which was characterized by legal pluralism and accelerating digital risks. Using normative legal research methods through legislative, conceptual, and limited comparative approaches, this study maps CRC standards and General Comments (particularly GC 5, GC 12, and GC 25) onto national norms, institutional mandates, and implementation-enforcement mechanisms. The findings showed the main problem was not merely a lack of norms, but rather an implementation enforcement gap in the compliance infrastructure: coherence between regimes (child protection, data protection, and platform governance), capacity and coordination across actors, and the absence of auditable procedural indicators to test best interests, protection, and participation. This article proposes a "compliance ecosystem" framework that combines (i) implementation guidelines based on Best Interests Assessment and reason-giving as a bridge for legal pluralism, (ii) protective regulations in the digital space that place the obligation of risk assessment and mitigation on electronic system/platform operators, and (iii) child participation designs that can demonstrate influence through procedural standards and outcome-based monitoring and evaluation.
Copyright (c) 2026 Muhammad Fachri Said, Syawal Amirul Syah, Andika Prawira Buana, Andi Sri Rezky Wulandari https://creativecommons.org/licenses/by/4.0