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.
The Ambiguity of the Standard of Good Faith and Prudence in the Accountability of Directors that Causes Bankruptcy of Limited Liability Companies Based on the Fiduciary Duty Principle
Based on the idea of fiduciary obligation, this paper investigates the vagueness of the requirements of good faith and caution in the accountability of directors under Article 97 of the Limited Liability Company Law, which causes limited liability firms to go bankrupt. As the company's governing body, the board of directors has a duty to run the business responsibly, professionally, and in good faith. However, in practice, there is often ambiguity regarding the limits of responsibility, criteria for negligence, and the definition of conflict of interest. A normative legal analysis indicates a legal vacuum in Article 97, particularly regarding objective standards of good faith, mechanisms for proving negligence, and loss prevention procedures, allowing directors to avoid liability even though their actions are detrimental to the company. Using a comparative legal approach and interpretation of the fiduciary duty doctrine, this study emphasizes the need for legal reform through the formulation of clearer criteria regarding the fiduciary obligations of directors, standards of prudence, loss prevention mechanisms, and regulations regarding conflicts of interest.
Copyright (c) 2025 Hendro Widodo, Riswadi Riswadi https://creativecommons.org/licenses/by/4.0
Fiscal Policy Law Reform Based on Distributive Justice to Reduce Economic Disparity and Improve People's Welfare
Fiscal policy is the main instrument of the state in realizing the goals of the state, including protecting the nation, advancing welfare, and realizing social justice as stipulated in Article 33 paragraph (1) of the 1945 Constitution. One of the important principles in fiscal policy is distributive justice, namely the proportional distribution of burdens and benefits to reduce economic disparities. This study aims to analyze the implementation of distributive justice in Indonesia's fiscal policy and assess the need for legal reform to increase its effectiveness. The method used is normative juridical with an analysis of laws and regulations, including Law Number 17 of 2003 concerning State Finance (Articles 2 and 21), Law Number 7 of 2021 concerning Harmonization of Tax Regulations (Articles 4 and 13), and Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (Articles 5 and 12), as well as the latest State Budget. The results of the study indicate that although the fiscal legal framework has supported equity, its implementation still faces inequality in budget distribution, low tax compliance, and less than optimal fiscal transfer effectiveness. This study recommends reforming fiscal law based on social justice, strengthening progressive taxation, increasing transparency in state financial management, and optimizing fiscal transfers to achieve equitable public welfare.
Copyright (c) 2025 Lorraine Rangga Boro, Riswadi Riswadi https://creativecommons.org/licenses/by/4.0
Legal Loopholes in the Application for Termination of Investigation by Investigators Due to the Absence of Clear Standards in Determining Sufficient Evidence
This study examines the legal gaps that arise in investigators' requests to terminate investigations based on Article 109 paragraph (2) of the Criminal Procedure Code, which authorizes the filing of an SP3 (Sufficient Evidence Order) due to "insufficient evidence" but does not outline the operational criteria. This lack of clarity in the standard leaves investigators open to subjective interpretation, potentially leading to misuse to terminate investigations without a clear basis, reducing legal certainty and harming victims. The study uses a normative juridical approach with a critical analysis of laws and regulations, legal literature, and investigative practices in Indonesia. The results show that the ambiguity of the term "sufficient evidence" creates a legal loophole that weakens investigator accountability and leads to injustice in the criminal justice system. As a direction for legal reform, it is recommended that there be clear technical guidelines for assessing sufficient evidence, a strict oversight mechanism by prosecutors, and public transparency regarding the basis for terminating investigations, so that the SP3 authority can be exercised objectively, accountably, and in accordance with the principle of legal certainty. This reform is expected to minimize the potential for misuse, increase the integrity of law enforcement, and strengthen the protection of victims' rights.
Copyright (c) 2025 John Piter Tampubolon, Rineke Sara https://creativecommons.org/licenses/by/4.0
Reform of the Law on Political Party Dispute Resolution in Indonesia to Realize Legal Certainty
Political party disputes in Indonesia frequently raise serious issues that have implications for political stability and the sustainability of democracy. To date, the mechanism for resolving political party disputes still faces various problems, ranging from dualism of authority, inconsistent decisions, to weak implementation of laws and regulations. These conditions result in legal uncertainty that can reduce public trust in the legal system and democracy. Therefore, legal reform in resolving political party disputes is needed to provide a more effective, consistent, and certainty-oriented mechanism. This study uses a normative juridical approach by examining the provisions of the 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2011 concerning Political Parties, Law Number 7 of 2017 concerning General Elections, and relevant Constitutional Court Decisions. Conceptual analysis is also used to assess the need for legal reform to strengthen legal certainty and democratization. The results of the study indicate that legal reforms for resolving political party disputes can be directed at three main things: (1) strengthening the role of an independent judiciary free from political intervention, (2) harmonization of regulations between political party laws, election laws, and judicial regulations, and (3) the application of the principles of justice, certainty, and benefit in a balanced manner. With legal reforms, it is hoped that the resolution of political party disputes can be more effective, just, and realize legal certainty which is the main foundation for the consolidation of democracy in Indonesia.
Copyright (c) 2025 Ismail Marjuki https://creativecommons.org/licenses/by/4.0
Legal Protection for Policyholders Against PT Asuransi Jiwa Kresna's Default based on the Supreme Court Decision No. 647 K/Pdt.Sus-Pailit/2021
Based on Decision Number 389/Pdt.Sus-PKPU/2020/PN Niaga Jkt.Pst (Decision 389), policyholders of PT Asuransi Jiwa Kresna (PT AsJK) were considered applicants for a Posponement of Indebtedness Payout Responsibility (PeKPU) and therefore had special legal protection through homologation. However, according to Supreme Court Verdict Num. 647 K/Pdt.Sus-Pailit/2021 (MA Decision 647), the homologation was declared null and void, thus unprotected policyholders, and the Financial Services Authority (OJK) never permitted it. According to MA Decision 647, policyholder protection against PT AsJK's default is the objective of this research. This normative legal research uses secondary data collected through library research. The research results indicate that because insurance policyholders lack legal status as applicants for a PeKPU against insurance companies, the legal protection provided by MA Decision 647cannot protect insurance policyholders. OJK is the only party that allows PeKPU applications. However, based on the Decision 389, OJK has been granted protection even though the Commercial Court Panel of Judges has set aside the OJK's legal conviction as a PeKPU applicant.
Copyright (c) 2025 Amanda Lanisya, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Reconstruction of the Principles of Justice in Employment Agreements Post Constitutional Court Decision No. 168/PUU-XXI/2023
The Constitutional Court (MK) Decision No. 168/PUU-XXI/2023 marks a significant milestone in the development of labor law in Indonesia, particularly concerning Fixed-Term Employment Agreements (Perjanjian Kerja Waktu Tertentu or PKWT). The ruling sets a maximum duration for the implementation of PKWT at five years, including all possible extensions during the employment period. This time limit aims to provide legal certainty while ensuring maximum protection for workers employed under PKWT, who have often faced uncertainty and vulnerability in industrial relations. Issued on October 31, 2024, the MK decision strengthens the principle of justice in industrial relations by offering clearer and better protection for PKWT workers. With the five-year cap, workers are no longer subjected to prolonged uncertainty regarding their employment status, securing their rights more definitively. The ruling also balances employers’ authority to regulate employment relationships, allowing the use of PKWT under clear restrictions without arbitrary and unlimited contract renewals. This decision presents challenges for employers in adapting their contract practices to comply with the new regulations, especially in managing PKWT workers for short-term operational needs. MK Decision No. 168/PUU-XXI/2023 provides a stronger legal foundation to realize justice and legal certainty for workers, fostering harmonious, fair, and sustainable industrial relations, particularly for workers under PKWT status.
Copyright (c) 2025 Muhidin Muhidin, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Optimizing the Village Supervisory Agency's Supervisory Mechanism Through a Participatory and Digital Approach in an Effort to Prevent Criminal Acts of Corruption in Village Development Budgets
Village development budget management is often vulnerable to corruption, primarily due to weak internal oversight systems at the village level. One key oversight actor, the Village Consultative Body (BPD), frequently faces structural constraints, low capacity, and limited authority in optimally carrying out its functions. Yet, the BPD plays a strategic role in ensuring transparency and accountability in the use of village budgets sourced from central government transfers, as specified in Government Regulation No. 37 of 2023. This study analyzes the weaknesses of existing oversight mechanisms and proposes optimization strategies through participatory and digital approaches. With a participatory approach, village communities are encouraged to actively participate in deliberation processes, program evaluations, and budget oversight through community forums and the involvement of vulnerable groups. Furthermore, the use of digital systems such as SISKEUDES, SP4N-LAPOR, and social media-based innovations and QR codes in development projects provides open and real-time data access for the public. This study demonstrates that integrating institutional oversight, community engagement, and digital technology can strengthen village governance and reduce opportunities for budget corruption. Implementing this strategy requires regulatory support, ongoing technical training, and commitment from all stakeholders.
Copyright (c) 2025 Eben Patar Opsunggu, Rineke Sara https://creativecommons.org/licenses/by/4.0
Reformulation of the Indonesian National Police Code of Ethics as an Effort to Eliminate Normative Ambiguity in Handling Horizontal Conflicts Involving Police Officers
Reformulation of the National Police Code of Ethics is an urgent need to address the various dynamics of horizontal conflict management involving police officers. Ambiguities in ethical norms as stipulated in the Republic of Indonesia National Police Regulation Number 7 of 2022 create difficulties in interpretation and implementation in the field. It results in unclear actions by officers in social crises, which have the potential to lead to ethical and human rights violations. This study uses a normative juridical approach to analyze relevant laws and regulations, namely Law Number 2 of 2002 concerning the Republic of Indonesia National Police, Government Regulation Number 2 of 2003 concerning Disciplinary Regulations for National Police Members, and Regulation No. 7 of 2022 concerning the Professional Code of Ethics and the National Police Code of Ethics Commission. The analysis reveal that several articles in Regulation No. 7 of 2022 contain norms that are open to multiple interpretations, do not accommodate the complexity of horizontal conflict situations, and lack contextual elaboration instruments. This study recommends reformulating the code of ethics by prioritizing the principles of lex certa and lex stricta, and suggesting harmonization of internal Polri regulations. Furthermore, strengthening the Polri Code of Ethics Commission is needed to ensure that ethical norms are enforced objectively, accountably, and in line with human rights values. This reformulation is expected to provide a clear ethical direction for Polri personnel and strengthen public trust in the police institution in handling social conflicts.
Copyright (c) 2025 Sonny Wibisono, Riswadi Riswadi https://creativecommons.org/licenses/by/4.0
The Effectiveness of Blockchain Technology Implementation by Notaries in Increasing the Security and Validity of Digital Investment Agreement Deeds
The development of blockchain technology has opened up significant opportunities in the legal world, including in the notarial realm, particularly in the creation of digital investment agreement deeds. This study aims to analyze the effectiveness of blockchain technology implementation by notaries in improving the security and validity of digital investment agreement deeds by reviewing relevant legal, institutional, and technological aspects. Blockchain is considered capable of providing an immutable, transparent, and secure digital recording system, thereby strengthening trust between parties and preventing deed forgery. However, the application of this technology in notarial practice in Indonesia still faces significant challenges, primarily due to the lack of regulations specifically governing the legality of blockchain-based notarial deeds. This study uses a normative juridical approach with an analysis of Law Number 2 of 2014 concerning the Office of Notaries, Law Number 1 of 2024 concerning Electronic Information and Transactions, and other relevant regulations. The results of the study indicate that despite its technological potential, the implementation of blockchain in notarial practice is still hampered by legal, infrastructure, and human resource constraints. Progressive legal reforms and public policy initiatives are needed to accommodate these digital innovations within the national legal system, as well as to encourage the digitalization of notarial services that are secure, accountable, and legally valid.
Copyright (c) 2025 Titin Hartati, Riswadi Riswadi https://creativecommons.org/licenses/by/4.0
Legal Problems of Collusion Among Law Enforcement Officials in Protecting the Distribution of Narcotics in Government Environments
The collusion of law enforcement officers in protecting the circulation of narcotics within the government is a serious phenomenon that threatens the integrity of the legal system and state security. This study aims to analyze this problem from a criminological and legal perspective. A criminological approach employs to identify the causal factors, modus operandi patterns, and impacts of crimes committed by officers, with reference to the theories of White-Collar Crime, State Crime, and Organized Crime. The results of the analysis indicate that economic factors such as bribery and gratuities, weak structural oversight, and low moral integrity of officers are the main drivers of the conspiracy. The modes found include manipulation of evidence, protection of certain networks, and abuse of authority to facilitate the distribution of narcotics, including in correctional institutions. The legal approach explains the relevant legal framework, including Articles 112, 114, and 132 of Law Number 35 of 2009 concerning Narcotics; Articles 5, 6, 11, and 12 of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption; and Articles 421, 422, 55, and 56 of the Criminal Code. The analysis reveals weak provisions for imposing increased sanctions on involved officers and ineffective external oversight mechanisms. The study's conclusions confirm a close relationship between regulatory weaknesses and the prevalence of collusion among officers, necessitating revisions to the Narcotics Law, strengthening independent oversight, protecting witnesses and whistleblowers, and fostering officer integrity. Implementing these recommendations is expected to break the chain of officer involvement in drug trafficking networks and restore public trust in law enforcement.
Copyright (c) 2025 Sunardi Sunardi, KMS Herman https://creativecommons.org/licenses/by/4.0
Cyber Legal Protection for Consumers in Cross-Border E-Commerce Transactions in the ASEAN Region
This article discusses cyber legal protection for consumers in cross-border e-commerce transactions in the ASEAN region, focusing on an analysis of Indonesian national regulations and the ASEAN regional framework. The rapid development of cross-border e-commerce brings significant opportunities for digital commerce, but also presents serious challenges in consumer protection, particularly regarding transaction security, information transparency, misuse of personal data, and cross-border dispute resolution mechanisms. Indonesia already has several relevant regulations, such as Government Regulation Number 80 of 2019 regarding Commerce Through Electronic Systems, Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 8 of 1999 concerned Consumer Protection, and Law Number 27 of 2022 concerning Personal Data Protection. Although these regulations provide a basic framework, they are still limited in nature and cannot address the complexities of cross-border transactions. At the regional level, ASEAN has issued the ASEAN Agreement on E-Commerce, which encourages the establishment of a safe, fair, and inclusive digital commerce ecosystem. However, its implementation still faces challenges in legal harmonization, differences in consumer protection standards, and limitations in cross-border dispute resolution mechanisms. Therefore, strategic steps are needed to harmonize regulations across ASEAN countries, establish a regional dispute resolution forum, and enhance cooperation between supervisory authorities in the areas of digital trade and personal data protection. It will ensure more effective cyber legal protection for consumers in cross-border e-commerce transactions, bolster public trust, and strengthen digital economic integration in the ASEAN region.
Copyright (c) 2025 Edy Krispono, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Challenges and Strategies of Law Enforcement in Eradication of Money Laundering in Indonesia
One type of economic crime that significantly affects both the integrity of the legal system and the financial viability of a country is money laundering (TPPU). This phenomenon is increasingly complex with advances in financial technology, which makes it easier for criminals to disguise the origins of criminal assets. This study aims to analyze the challenges and strategies for law enforcement against financial technology-based money laundering in Indonesia, using a normative legal approach through a review of applicable laws and regulations, doctrines, and legal policies. The study's findings show that, particularly when it comes to exchanging information and demonstrating the provenance of assets, coordination between law enforcement organizations like the Financial Transaction Reports and Analysis Center (PPATK), the Financial Services Authority (OJK), the Police, and the Prosecutor's Office is still not at its best. Furthermore, Article 2 paragraph (1), Article 3, Article 4, and Article 5 of Law Number 8 of 2010 addressing TPPU have been canceled by the implementation of the new Criminal Code through Law Number 1 of 2023, so that harmonization of norms is needed to avoid a legal vacuum in its implementation. Future law enforcement strategies need to be directed at strengthening regulations that adapt to technology, increasing the capacity of law enforcement officers, and fostering cross-sector collaboration to strengthen reporting and prevention systems. Active public participation in anti-money laundering education is also a crucial element in creating a transparent and equitable legal system in the digital age.
Copyright (c) 2025 Karyono Karyono, Evita Isretno Israhadi 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
Implementation of Civil Servants Performance Management in The Mahakam Ulu Regency Government
Civil servant performance plays a vital role in governance. Furthermore, under the decentralized system implemented in Indonesia, civil servants serve as the backbone of local governments. However, civil servant performance presents a problematic situation influenced by the implementation of performance management. Focusing on Mahakam Ulu regency, this study aims to analyse the implementation of civil servant performance management in the region. This is a qualitative study, with data collected through interviews and document studies. Using an illustrative data analysis method, the study demonstrates that the overall implementation of civil servant performance management in the Mahakam Ulu regency government, as seen from the dimensions of performance planning, performance monitoring and measurement, performance evaluation, and employee development, has been running procedurally in accordance with stages and regulations. Although the processes have been implemented and are generally considered effective, various challenges remain to be addressed to achieve optimal results.
Copyright (c) 2025 Owena Mayang Shari Belawan, Fibria Indriati https://creativecommons.org/licenses/by/4.0
Determinant Factors of the Implementation of the Bureaucratic Simplification Policy in the West Java Provincial Government
Following the lengthy journey of its bureaucracy from independence to the reform era, Indonesia is still working to modernise its system. The bureaucratic simplification policy, which addresses the difficulties of a quickly evolving organisational environment, ushers in a new age for the Indonesian bureaucracy amid the ongoing bureaucratic reform. The bureaucratic simplification agenda has faced particular challenges for municipal governments. The West Java Provincial Government has been judged successful in putting the bureaucratic simplification agenda into practice since it was passed. Thus, the purpose of this study is to examine the variables affecting the West Java Provincial Government's application of the bureaucratic simplification program. Additionally, this study develops methods for improving the West Java Provincial Government's execution of the bureaucratic simplification program. This study employs a qualitative methodology, gathering data via document analysis and interviews. The study's findings show that the West Java Provincial Government's bureaucratic simplification policy's implementation context and content are significantly out of balance. The policy's overall content demonstrates high success in the structural aspect, but there are significant gaps in the dimensions of human resource quality, work culture, and perceived benefits. Although the implementation context demonstrates a high level of leadership commitment and creative initiatives, the efficacy of the policy in the field is hampered by inadequacies in the qualitative commitment aspect of civil servants.
Copyright (c) 2025 Dwi Wahyuni, Eko Prasojo https://creativecommons.org/licenses/by/4.0
From The Podium To Social Media: The Evolution Of Islamic Da'wah In The Digital Era
The rapid advancement of communication technology has significantly transformed the practice of Islamic da’wah, shifting its delivery from traditional podium-based methods to digital and social media platforms. This paper examines the evolution of Islamic da’wah in the digital era, highlighting the opportunities, challenges, and strategic adaptations required to maintain its effectiveness and ethical foundations. Using a descriptive qualitative methodology with a library research approach, this study analyzes books, scholarly articles, and contemporary research related to digital da’wah. The findings indicate that social media platforms such as YouTube, Instagram, Facebook, and TikTok have expanded the reach of da’wah beyond spatial and temporal limitations, enabling interactive, multimedia, and audience-centered communication. Digital da’wah offers positive impacts, including broader accessibility, two-way interaction, and diverse content formats that appeal particularly to younger generations. However, it also presents challenges such as misinformation, commercialization, algorithm-driven content simplification, and declining digital ethics. Therefore, effective digital da’wah requires strong digital literacy, credible and verified content, ethical communication, sincere intentions, and collaboration among scholars, institutions, and policymakers. The study concludes that while social media is a powerful tool for contemporary da’wah, its success depends on balancing technological innovation with Islamic values and moral responsibility.
Copyright (c) 2025 Yumaira Yus, Andino Maseleno https://creativecommons.org/licenses/by/4.0
Legal Protection for Land Rights Holders Beyond Administrative Registration: Re-Examining The Declarative Function of Land Registration in Indonesia
Land registration has long been positioned as a central mechanism for achieving legal certainty within land administration systems. In Indonesia, registration is formally designed to function as a declarative mechanism that records and publicizes existing land rights, thereby supporting administrative order and evidentiary clarity. Nevertheless, in legal practice, land registration is increasingly treated as a decisive factor that determines the existence and enforceability of land rights. This shift reflects a tendency to equate legal protection with administrative registration status, rather than with the substantive legitimacy of land relations. This article examines legal protection for land rights holders beyond administrative registration by re-examining the declarative function of land registration in Indonesia. Using a normative juridical research method, the study analyzes statutory regulations, legal doctrines, and judicial reasoning to assess how far registration has departed from its intended evidentiary role. The analysis demonstrates that substantive land rights may arise independently of registration through possession, contractual relations, inheritance, and recognition under customary law. When registration is elevated to a quasi-constitutive status, these rights risk marginalization despite their legal legitimacy. The article argues that effective legal protection requires a clear distinction between the existence of land rights and the administrative mechanisms used to evidence them. Land registration should operate as a supportive instrument that strengthens legal certainty without excluding substantively valid rights. By reaffirming the declarative function of registration, Indonesia’s land administration system can better harmonize administrative certainty with substantive justice and ensure more inclusive protection for land rights holders.
Copyright (c) 2026 M. Filusi Ardiansyah, Darwati Susilastuti https://creativecommons.org/licenses/by/4.0
Legal Protection for Land Rights Holders in The Context of Land Registration in Indonesia
Land registration is commonly regarded as a central instrument for achieving legal certainty in land administration. Through registration, land rights are formally recorded and recognized by the state, providing an administrative framework intended to prevent disputes and to clarify ownership and control over land. In practice, however, an excessive emphasis on administrative registration may narrow the scope of legal protection by equating protection solely with registration status. This approach risks marginalizing land rights that arise from substantive legal relations existing prior to, or outside of, formal registration procedures. In the Indonesian context, land rights may originate from various sources, including long-standing possession, contractual arrangements, inheritance, and recognition under customary law. These rights often develop through social and legal processes that are not immediately reflected in administrative records. When legal protection is defined primarily through registration, the protective function of land law may shift from safeguarding legitimate rights to enforcing procedural compliance. This situation creates tension between legal certainty as an administrative objective and substantive justice as a normative principle. This article examines legal protection for land rights holders within the context of Indonesia’s land registration system by analyzing the relationship between administrative procedures and substantive land rights. Using a normative juridical research method, the study evaluates statutory regulations, legal doctrines, and judicial approaches to assess whether land registration adequately fulfills its protective function. The analysis demonstrates that legal protection should not be confined to registered land alone, but must extend to substantively valid rights that exist beyond formal records. The article argues for a balanced approach in which land registration operates as an administrative instrument that strengthens, rather than restricts, the protection of land rights holders, thereby ensuring that legal certainty and substantive justice are harmonized within Indonesia’s agrarian legal framework.
Judicial Interpretation of Land Registration and Legal Protection in Indonesia Between Administrative Evidence and Substantive Justice
Land registration plays a central role in Indonesia’s land administration system and is widely regarded as a primary instrument for achieving legal certainty. In judicial practice, however, land registration does not function merely as an administrative record but also as a crucial element in evidentiary assessment during land dispute resolution. Courts are frequently required to interpret the legal status of registered land certificates in relation to substantive land rights that may arise from possession, inheritance, contractual relations, or customary law, placing judicial interpretation at the intersection between administrative certainty and substantive justice. This article examines how Indonesian courts interpret land registration within the broader framework of legal protection for land rights holders. Using a normative juridical research method, the study analyzes statutory regulations governing land registration, legal doctrines concerning declarative and constitutive registration systems, and selected judicial decisions in land dispute cases. The analysis focuses on the manner in which judges balance the evidentiary value of land certificates with proof of substantive land relations. The findings demonstrate that Indonesian courts do not consistently treat land registration as absolute or conclusive proof of rights. While land certificates are generally regarded as strong administrative evidence, judicial reasoning often allows for recognition of substantively valid rights that predate or exist independently of registration. This approach reflects an implicit acknowledgment of the declarative nature of land registration, even when administrative practice tends toward formalism. The article argues that judicial interpretation plays a decisive role in preserving the protective function of land law by preventing administrative formalism from overriding substantive justice. Strengthening this interpretative approach is essential to ensure that land registration supports legal certainty without marginalizing legitimate land rights within Indonesia’s pluralistic agrarian legal framework.
Copyright (c) 2026 M. Filusi Ardiansyah, Faisal Santiago https://creativecommons.org/licenses/by/4.0
Legal Reconstruction of Certainty of Ownership Rights for Apartment Units and Businesses in Superblock Management Through P3SRS
The development of vertical housing in the form of superblocks in urban areas has changed residential ownership patterns and given rise to increasingly complex legal issues. Superblocks not only combine residential and business functions but also place unit owners in a collective legal relationship that depends on land rights, the technical age of the building, and a joint management system. This study aims to analyze the level of protection and legal certainty surrounding superblock unit ownership based on applicable positive law, while also formulating a legal reconstruction model that can address the gap between norms and practices. The results show that the Apartment Law and related regulations do not fully guarantee the sustainability of ownership rights, especially after the building has passed its technical age. The dependence of apartment unit ownership rights on Building Use Rights (Hak Guna Bangunan) or Management Rights (Hak Pengelolaan) creates structural uncertainty that directly impacts unit owners. Furthermore, weak regulations regarding the transition and authority of the Apartment Unit Owners and Occupants Association (APOS) have led to developer dominance and prolonged management conflicts. This study proposes a legal reconstruction that positions PPPSRS (Regional Unit Owners Association) as the collective rights holder of unit owners, strengthens post-building age regulations through compensation schemes, redevelopment, and priority rights, and encourages harmonization between apartment, land, and consumer protection laws. The reconstruction is expected to create legal certainty, justice, and sustainable ownership of superblock units, while also restoring public trust in the vertical housing legal system in Indonesia.
Copyright (c) 2026 Lismanida https://creativecommons.org/licenses/by/4.0
The Authority of the Indonesia Deposit Insurance Corporation (LPS) to File Bankruptcy Petitions Against Controlling Shareholders of Non-Systemic Failed Banks
This article examines the legal authority of the Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan/LPS) to file bankruptcy petitions against controlling shareholders of non-systemic failed banks. The issue arises from the need to recover state funds used in bank resolution while simultaneously upholding fundamental principles of corporate and insolvency law, particularly limited liability and legal certainty. Using normative juridical research, this study analyzes statutory provisions governing deposit insurance, banking supervision, and bankruptcy, complemented by doctrinal analysis and relevant legal principles in financial regulation. The article argues that the authority of LPS to initiate bankruptcy proceedings against controlling shareholders constitutes a special legal mechanism that departs from the general concept of shareholder immunity. Such authority is designed to prevent moral hazard, ensure accountability of bank owners, and protect public interests embedded in the stability of the financial system. In the context of non-systemic failed banks, this mechanism reflects a policy choice to prioritize efficient recovery of resolution costs without triggering broader systemic risk. However, the exercise of this authority raises several legal challenges. First, ambiguities remain regarding the scope and limits of LPS’s standing before the Commercial Court, particularly in establishing a direct causal link between the actions of controlling shareholders and the bank’s failure. Second, the interaction between the LPS Law and the general Bankruptcy and Suspension of Debt Payment Law creates potential tensions concerning procedural safeguards and the principle of due process. Third, inconsistent interpretation of shareholder liability may undermine predictability in judicial practice. This article concludes that while the authority of LPS to file bankruptcy petitions against controlling shareholders of non-systemic failed banks is legally justifiable as a lex specialis regime, its implementation requires clearer statutory standards and more consistent judicial interpretation. Strengthening these aspects is essential to balance public financial protection with the rule of law and shareholder rights.
Copyright (c) 2026 Diana R.W. Napitupulu https://creativecommons.org/licenses/by/4.0
Application of the Principle of Lex Specialis Derogat Legi Generali in the Settlement of Cybersquatting Domain Name Disputes at the National Arbitration Institution
The development of information technology has increased the strategic value of domain names as digital identities and intellectual property assets. However, in practice, the phenomenon of cybersquatting has emerged, namely the registration of domain names by unauthorized parties to control or profit from similarities with well-known trademarks. This phenomenon has given rise to legal conflicts between brand owners and domain name holders, while national regulations have not explicitly regulated the dispute resolution mechanism. This article aims to analyze the application of the principle of lex specialis derogat legi generali in resolving cybersquatting disputes through national arbitration institutions, specifically the Indonesian Internet Domain Name Manager (PANDI). This research uses a normative juridical method with a statutory approach and literature study. The results of the discussion indicate that Law No. 20 of 2016 concerning Trademarks and Geographical Indications should be positioned as lex specialis compared to Law No. 11 of 2008 in conjunction with Law No. 19 of 2016 concerning Information and Electronic Transactions (ITE), considering that the object of the dispute is closely related to the protection of intellectual property rights. Furthermore, PANDI's domain arbitration rulings have not yet received full legal recognition in the national judicial system, thus reducing the effectiveness of their resolution. The establishment of specific regulations governing domain names and their dispute resolution is necessary to provide legal certainty and comprehensive protection for brand owners in the digital realm
Copyright (c) 2026 Richard Herlambang, Megawati Barthos https://creativecommons.org/licenses/by/4.0
Problems in Implementing the Principle of Horizontal Separation in Cases of Abandoned Land According to Presidential Regulation (Perpres) Number 62 of 2023 and Efforts to Resolute It
The principle of horizontal separation is a fundamental principle in the Indonesian land law system, which states that land rights are separate from rights to objects located above or below it, as stipulated in Law Number 5 of 1960 concerning Agrarian Principles (UUPA). However, the implementation of Presidential Regulation Number 62 of 2023 concerning the Management of Abandoned Land has not fully accommodated this principle. This Presidential Regulation focuses on the repossession of land that is not being utilized according to its intended purpose, but does not explicitly regulate the protection of rights to buildings, plants, or other permanent objects standing on the land. As a result, legal problems arise, including potential conflicts between land rights holders and building owners, unclear objection mechanisms, and a lack of norms regarding civil rights over objects on abandoned land. This research employs a normative legal method, using a statutory regulatory and a conceptual approach. The analysis results reveal a lack of synchronization between the UUPA as the parent law and the latest implementing provisions, which has an impact on legal uncertainty and potential constitutional rights violations. Therefore, regulatory harmonization is necessary through the adoption of implementing regulations that prioritize protection for owners of immovable property, as well as the development of administrative and judicial dispute resolution mechanisms. Cross-institutional collaboration is also crucial to creating a fair and operational legal framework for managing abandoned land
Copyright (c) 2026 Akh Mulyanto, Azis Budianto https://creativecommons.org/licenses/by/4.0
Analysis of E-Service Quality on Customer Satisfaction Impact on Banking Image
This study aims to analyze the influence of E-Service Quality on customer satisfaction and its impact on banking image. The research methods used are descriptive and verification methods. The descriptive method is used to describe the condition of E-Service Quality, customer satisfaction, and banking image at the time of the study, while the verification method is used to test the relationship and influence between the variables studied. E-Service Quality is measured through the dimensions of efficiency, responsiveness, compensation, and contact, while customer satisfaction is measured based on expectation and perception. The population in this study were 487 customers using electronic banking services. The sampling technique used simple random sampling, so that each member of the population has an equal opportunity to be selected as a respondent. The results show that banking E-Service Quality is in the good category, customers are satisfied with the services provided, and the banking image is assessed positively. Statistically, E-Service Quality has a significant effect on customer satisfaction with a direct effect of 67.7%. In addition, E-Service Quality also has a significant effect on banking image by 9.4%. Customer satisfaction has a significant effect on banking image with a contribution of 50.8%. Simultaneously, e-service quality has a strong impact on customer satisfaction, with an influence of 83.2%. This finding underscores the importance of improving e-service quality in building customer satisfaction and banking image.
Copyright (c) 2026 Hadiyan Nur Sofyan, Nunung Ayu Sofiati, Mochammad Mukti Ali, Dadan Abdul Azis, Gurawan Dayon, Riyadi Nur Sumawidjaya, Ade Salman Alfarisi, Anggono Raras Tirto Sakti https://creativecommons.org/licenses/by/4.0