The Digest: Journal of Jurisprudence and Legisprudence
The Digest: Journal of Jurisprudence and Legisprudence starting in 2024 migrates to better secure from various unwanted things, including journal hacking and so on. To submit, the author please visit the new website page of our journal at the link https://journal.unnes.ac.id/journals/digest MIGRATION OFFICIAL STATEMENT HERE The Digest: Journal of Jurisprudence and Legisprudence (ISSN Online 2746-0371 ISSN Print 2746-2110) is a double-blind peer-review journal published by the Faculty of Law, Universitas Negeri Semarang and managed by the Center for the Study of Court Decisions, Faculty of Law, Universitas Negeri Semarang. This journal is published biannually in June and December and provides fully open access to ensure everyone's accessibility to develop knowledge. The Digest: Journal of Jurisprudence and Legisprudence publishes research or conceptual articles in the field of legal studies, primarily focusing on the study of court decisions and legal studies. The Journal is published in Bahasa and English, both print and online versions. The Digest is also intended to be an Indonesian and International forum for discussion and analysis of court decisions. Each issue of The Digest: Journal of Jurisprudence and Legisprudence includes insightful analysis and discussion on court decisions. Abstracting and Indexing: DIMENSION, SINTA, GARUDA Title : The Digest: Journal of Jurisprudence and Legisprudence Editor in Chief : Dr. Cahya Wulandari, S.H., M.Hum. ISSN : 2746-0371 (Online) 2746-2110 (Print) DOI Prefix : 10.15294/digest Publisher : Faculty of Law Universitas Negeri Semarang Frequency : 2 (two) issues per year (June & December)
Supreme Court Decision Number 34P/HUM/2022 and Efforts to Strengthen the Prevention and Handling of Sexual Violence in Higher Education Institutions
In response to the increasing prevalence of sexual violence cases in higher education institutions, the Ministry of Education, Culture, Research, and Higher Education issued Ministerial Regulation No. 30 of 2021 on the Prevention and Handling of Sexual Violence in Higher Education Institutions. However, the regulation has sparked debate among the public, particularly regarding Article 5 (paragraph 2), which contains the phrase “without consent” a phrase deemed open to multiple interpretations, legalizing adultery, and contradicting societal norms and religious values. This controversy subsequently became the subject of a petition for judicial review at the Supreme Court in Case No. 34 P/HUM/2022, by the Minangkabau Traditional Council (LKAAM) of West Sumatra. However, in its ruling through Supreme Court Decision No. 34 P/HUM/2022, the Supreme Court dismissed the petition. This study examines about Supreme Court Decision Number 34/P/HUM/2022 and efforts to strengthen legal protection for the prevention and handling of sexual violence in higher education institutions. The theory used in this study is the Theory of Legal Protection by Philipus Hadjon. The research findings that, in relation to the prevention and handling of sexual violence in higher education institutions, the presence of Ministry of Education, Culture, Research, and Technology Regulation Number 30 of 2021, reinforced by Supreme Court Decision Number 34 P/HUM/2022, provides both preventive and repressive legal protection.
Copyright (c) 2026 The Digest: Journal of Jurisprudence and Legisprudence
Comparison of Judge's Determinations Regarding Marriage Dispensation (Study of Determination Number 73/Pdt.P/2020/PA.Sak and 201/Pdt.P/2023/PA.Sj)
The amendment to the Marriage Law through Law Number 16 of 2019 aims to suppress the high rate of child marriage by raising the minimum age to 19 years. However, the absence of restrictive limits on the phrase "urgent reasons" in Article 7 paragraph (2) creates a legal loophole triggering a disparity in judges' decisions at the Religious Courts. This study aims to analyze the inconsistency of judges' legal reasoning regarding marriage dispensation applications, specifically in cases with a premarital history without pregnancy. This normative legal research utilizes a statute approach and a comparative case approach. The results reveal a sharp disparity in applying the legal discovery method (Rechtsvinding). The judge in Determination Number 73/Pdt.P/2020/PA.Sak applied a socio-religious interpretation, prioritizing the Sadd ad-dzari’ah principle to prevent adultery, thus granting the application. Conversely, the judge in Determination Number 201/Pdt.P/2023/PA.SJ progressively rejected the application, emphasizing that psychological unpreparedness, structural poverty potential, and divorce risks constitute far greater harm. This interpretative disparity directly violates the legal certainty principle (Rechtssicherheit), triggers forum shopping practices, and proves that permissive decisions contradict the Best Interest of the Child principle mandated in PERMA Number 5 of 2019. Therefore, the Supreme Court is recommended to promptly issue a derivative regulation (SEMA) providing an authentic interpretation of urgent reasons. Judges are also required to position the child's educational rights and future welfare as absolute parameters, overriding mere subjective parental moral concerns.
Legality of Land Ownership by Non-native Indonesian Citizens in Yogyakarta Through Nominee Agreement (Case of Decision Number 443 PK/PDT/2023)
Special Region of Yogyakarta is one of the regions in Indonesia that possesses special authority in administering its local governance, including matters related to land regulation. Based on the Instruction of the Deputy Governor No. K.898/I/A/1975 concerning the Provision of Handling Rights of Land and Buildings, Indonesian citizens who are not categorized as natives of the region are prohibited from holding land under ownership rights. In practice, this regulation has created opportunities for the use of nominee agreements between Non-native Indonesian citizens and native citizens to circumvent restrictions on land ownership. Therefore, this research aims to examine the legality of land ownership through nominee agreement used by Non-native Indonesian citizens based on Supreme Court Decision Number: 443 PK/Pdt/2023 and to analyze the legal implications arising from the application of such agreements in acquiring ownership rights over land. This research employs a normative juridical method with both case and statute approaches. The data used consist of secondary sources, including primary legal materials such as court decisions and legislation, as well as secondary legal materials in the form of books, journals, and legal articles. The results indicate that the use of nominee agreements by Non-native Indonesian citizens to obtain ownership rights over land in the region lacks a valid legal basis within the Indonesian land law system and is regarded as a form of legal circumvention that is juridically invalid.
Nominee agreement, Non-native Indonesian Citizens, Yogyakarta
Ideal Judicial Pardon Decision Format in The Indonesia Criminal Justice System Based on Comparative Law
The recognition of judicial pardon in the 2023 Criminal Code reflects a shift in Indonesia’s sentencing paradigm from retribution toward substantive justice grounded in proportionality and humanity; however, this provision has not been accompanied by a clear formulation of decision formats in criminal procedural law, resulting in a normative gap that may generate disparity and legal uncertainty. This research examines how judicial pardon is implemented in the Dutch criminal justice system and how an ideal decision format may be constructed for adoption in Indonesia. Employing a normative juridical method with statutory, conceptual, and comparative approaches, the analysis shows that under Article 9a of the Wetboek van Strafrecht, Dutch judges affirm the fulfillment of the elements of the offense and criminal responsibility while waiving punishment through explicit reasoning on proportionality, the social insignificance of the act, and the objectives of sentencing, demonstrating that judicial pardon does not eliminate guilt but serves as a rational limitation on penal power. Therefore, an ideal judicial pardon decision in Indonesia should retain the evidentiary structure of ordinary sentencing decisions, supplemented by specific considerations that systematically assess the necessity of punishment under Article 54 of the 2023 Criminal Code, and this study recommends that the Supreme Court formulate technical guidelines to ensure consistency, accountability, and harmonization between legal certainty and substantive justice in national criminal justice practice.
Juridical Analysis of the Probative Value of Electronic Evidence in Criminal Decision Kupang District Court Number 126/Pid.Sus/2024/PN Kpg
The rapid and widespread advancement of information technology nowadays has encouraged changes within Indonesian criminal law, especially concerning the rise of criminal acts perpetrated through electronic platforms, such as the offense of defamation. This circumstance indirectly implies the necessity for adjustments within the criminal evidentiary system, particularly concerning the existence and admissibility of electronic evidence in the trial process. Through this research, the author conducts a juridical analysis of how judges assess the admissibility and probative value of electronic evidence in Criminal Decision of the Kupang District Court Number 126/Pid.Sus/2024/PN Kpg, and how this decision illustrates a criminal case settlement during the a transitional period of statutory regulations. This study employs a normative juridical method, incorporating both a case approach and a statutory approach as its analytical frameworks. The findings of this study indicate that electronic evidence in this decision was recognized by the Panel of Judges as legally admissible and possessing probative value when corroborated by other forms of evidence, and playing a crucial role in enabling the judges to form a conviction regarding the truth of the alleged offense of defamation. Furthermore, this study focuses on another key aspects, concerning the amendments to Indonesian criminal law regulations that have subsequently legitimized the existence of electronic evidence within the evidentiary system as regulated under the Criminal Procedure Code (KUHAP) and the Electronic Information Transactions Law (ITE Law).
Constitutional Court Decision No 169/Puu-Xxii/2024 and Efforts to Mainstream Gender in Political Representation on Parliament
Constitutional Court Decision Number 169/PUU-XXII/2024 is a new chapter in the struggle for gender mainstreaming in Indonesia through a legal approach. This study aims to analyse the significance of this decision as a progressive legal instrument to promote gender equality in legislative institutions. The research method uses normative juridice research. The findings reveal that this decision reconstructs the MD3 Law with two major breakthroughs: first, it reinforces the phrase ‘prioritising women's representation’ at the leadership level of the Council's Organs as an imperative command; second, it requires the proportional distribution of female members throughout the Council's Organs based on the principles of balance and equity. The implications of this ruling structurally transform the political landscape of parliament by preventing the domestication of women and opening up access to participation in all policy areas.
Copyright (c) 2025 The Digest: Journal of Jurisprudence and Legisprudence
Judicial Pardon as a Humanizing Approach to Criminal Sentencing: Reconstructing Judicial Decisions under the New Indonesian Criminal Code
The reform of Indonesia’s criminal law through Law Number 1 of 2023 marks a major shift in the nation’s sentencing philosophy, most notably through the introduction of judicial pardon (rechterlijk pardon). This mechanism authorizes judges to declare a defendant guilty while refraining from imposing punishment when strong humanitarian grounds and proportionality considerations justify such an outcome. This article examines the normative foundations, theoretical frameworks, and implications of this concept for the reconstruction of criminal judgments in Indonesia. Using a normative juridical research method with statutory, conceptual, and comparative approaches, the study analyzes how Articles 51–54 of the new Criminal Code reorient punishment away from a purely retributive model toward a more restorative and humanistic paradigm. The findings demonstrate that judicial pardon addresses a long-standing procedural gap that previously limited judges’ ability to avoid disproportionate punishment, particularly in minor cases involving vulnerable offenders. This article also proposes a structured model for judicial pardon decisions to ensure consistent, transparent, and harmonized application with the forthcoming Criminal Procedure Code. Overall, the study argues that judicial pardon is not merely an additional judicial discretion but a key component of a broader paradigmatic shift toward a more just, contextual, and socially responsive sentencing system.
Corporate Compliance with Acquisition Notification Obligations to the KPPU: A Legal Review of Article 29 of Law No. 5 of 1999 (Case Study of TikTok Nusantara – Tokopedia)
The notification of a company acquisition based on Article 29 of Law No. 5 of 1999 concerning Prohibition of Monopoly and Unfair Business Competition is an obligation that must be fulfilled by business actors. In January 2024, TikTok Nusantara (SG) Pte. Ltd acquired shares in the company PT Tokopedia, Tbk, which resulted in an obligation to report or notify the Business Competition Supervisory Commission (KPPU) of the purchased shares. However, based on KPPU Decision Number 02/KPPU-M/2025, there was a delay in notification from TikTok Nusantara (SG) Pte. Ltd as the acquiring party to the KPPU. The cross-border transaction involving the Big Tech entity resulted in administrative sanctions in the decision. However, in its defense as mentioned in the decision, the acquiring party stated that it had submitted a post-acquisition notification, but the reporting party was its parent company, TikTok Pte. Ltd, so the KPPU considered that there was a violation related to the legal entity obliged to submit the notification, particularly in the context of using a foreign Special Purpose Vehicle (SPV) as the acquiring entity. The main issue lies in the ambiguity of the identity of the party considered to be the acquiring party’s legal entity, and the effective time of the transaction used as the basis for calculating the notification deadline. This study uses a normative juridical method with a case approach to KPPU Decision Number 02/KPPU-M/2025. The unclear legal status of SPVs in multinational corporate structures has the potential to create legal uncertainty and hamper the effectiveness of market concentration supervision in the digital sector.
Justice for Child Victims of Violence in the Pesantren Environment (Study of Decision Number 5642 K/Pid.Sus/2022)
Violence against children in educational environment, including Islamic boarding schools, is a serious issue with long-term impacts on children's physical, psychological, and social development. Forms of violence include physical, psychological, sexual, and bullying, which, although often unseen, can cause trauma, mental disorders, decreased academic performance, and even deviant behavior in the future. This research aims to analyze efforts to prevent violence against children in Islamic boarding schools based on child protection policies, and to examine fair law enforcement through a study of Supreme Court Decision Number 5642 K/Pid.Sus/2022. The method used is empirical legal, combining the analysis of legislation with field facts. The research findings indicate that preventing violence requires synergy between the government, pesantren caretakers, families, and society through legal socialization, fostering a safe environment, enhancing educators' capacity, and providing reporting mechanisms such as the Bullying Box. A legal analysis of Supreme Court Decision No. 5642 K/Pid.Sus/2022 revealed that the defendant, an educator, was found guilty of repeated sexual violence against 12 underage female students and sentenced to death. This decision affirms the application of the principle of the best interest of the child through the awarding of restitution, the handover of the victim baby's custody to the local government, and the prohibition of victim blaming. Law enforcement in this case combines legal certainty, utility, and justice, not only punishing the perpetrator but also restoring the victim, providing a deterrent effect, and strengthening the commitment to child protection in religious-based educational environments.
Redesign of The Presidential Threshold System Following The Constitutional Court Decision Number 62/PUU-XXII/2024
Since the 2004 elections, Indonesia has implemented a presidential threshold system for nominating the president and vice president. This system requires a political party or coalition to receive a certain percentage of nationally valid votes or acquire a certain number of seats in the DPR in order to nominate a presidential candidate. However, this system's implementation is considered one of the causes of the strengthening of oligarchic practices among political party elites, as well as a deviation from the democratic values of the Indonesian state philosophy, or Pancasila. In January 2025, however, the Constitutional Court canceled the presidential threshold policy for the nomination of the president and vice president through Decision Number 62/PUU-XXII/2024. This research discusses the redesign of the presidential threshold following this decision. The study employs a qualitative approach and draws on Pippa Norris's theory of political recruitment and Wriggs's concept of legal prismatics. This study concludes that the presidential threshold system requires conceptual reform so that it is guided not only by the quantity of valid votes or seats acquired by political parties, but also by considerations of the quality of democracy in presidential and vice presidential elections based on the principles of the Indonesian state philosophy, or pancasila. Thus, the presidential threshold system must be reformed using the concept of legal prismatics.
Case Study of Judicial Disparity in Corruption Verdicts Involving State Financial Losses
Judicial independence ensures that judges remain free from external influence and possess full discretion in determining the severity or leniency of a sentence. However, this independence can also result in sentencing disparity, particularly in corruption cases that involve state financial losses. Sentencing disparity refers to the inconsistent imposition of punishment for similar offenses under comparable circumstances, which undermines legal certainty and justice. In Indonesia, such disparity is often justified under the pretext of judicial independence, even though it contradicts the principle of equality before the law. The inconsistency in sentencing, especially for corruption cases under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, raises concern over the absence of clear sentencing guidelines. This research aims to examine the relationship between judicial independence and sentencing disparity in corruption cases, particularly focusing on the need for standardized sentencing mechanisms. Using normative legal research methods, this study analyzes primary, secondary, and tertiary legal materials through a literature review, supported by case decisions sourced from the Supreme Court’s database. The findings indicate that although judges are mandated to uphold justice, legal certainty, and utility, the lack of clear sentencing standards contributes to disparities in rulings. Therefore, the implementation of sentencing guidelines and reliance on jurisprudence are necessary to balance judicial independence with fairness and consistency in criminal sentencing, especially for corruption crimes.
Criminology Study in Handling Domestic Violence in Sunggal District, Medan City
The case of domestic violence that occurred in Medan Sunggal District, Medan City, is certainly not a new phenomenon in the field of criminology. Along with its development, domestic violence can also be found in various forms of crime, ranging from individual crimes to conventional crimes. The form of domestic violence in criminology research is always related or has a causal relationship with acts of violence. For example, if a husband or wife no longer cares about family life because of the emergence of another ideal figure, communication within the family will decrease. This then triggers excessive suspicion that can lead to domestic violence, such as insulting, mocking, hitting, and so on. The cause of violence, according to positive law, one of which is the existence of a patriarchal culture and the view of society that considers the wife as the property of the husband. Thus, the husband feels fully entitled to his wife and may treat his wife in the way he wants. From an Islamic perspective, this arises due to a lack of piety in individuals, a low understanding of husband-wife relations in the family, and temperamental nature in individuals including committing domestic violence. The effects of criminal acts, especially for those who are victims, are mental disorders. This impact is not only felt by the perpetrators of violence, but also by other family members, especially children. In addition to the effects within the household itself, domestic violence, especially from husband to wife, can also affect the social aspects of life.
Juridical Implications of the Constitutional Court Decision Number 150/PUU-XXII/2024 on Legal Aid Provision in Indonesia
The provision of legal aid is a crucial aspect of law enforcement and access to justice, especially for underprivileged communities. However, the limited number of advocates and their uneven distribution has hindered the effectiveness of legal aid. One potential solution is involving civil servant lecturers (PNS) as advocates, although this was previously obstructed by the provisions in Law Number 18 of 2003 concerning Advocates. The Constitutional Court Decision Number 150/PUU-XXII/2024 granted legal standing for PNS lecturers to become advocates and participate in providing legal aid. This study, using a normative juridical method with a qualitative approach, found significant legal implications, such as the conditional unconstitutionality of two articles in the Advocate Law, the expansion of the definition of “advocate,” and the recognition of PNS lecturers, including government-contracted lecturers (PPPK), as eligible to represent clients in court. Previously, ASN lecturers were restricted from litigating and lacked technical regulations to support such roles. Following this decision, there is a need to harmonize regulations, establish ethical oversight bodies, expand lecturers' community service roles, improve teaching quality, and manage potential conflicts of interest. This study recommends revising the Advocate Law, issuing implementing regulations, strengthening university institutional frameworks, enhancing ministry-level oversight, and conducting public outreach on lecturers’ new role in expanding access to justice.
The Paradox of Law Enforcement: Corporations Escaping Corruption Charges
Indonesia, as a country committed to the principle of the rule of law, continues to encounter major obstacles in the enforcement of laws related to corporate corruption. The corporate sector is particularly prone to corrupt practices due to the large scale of financial transactions and the involvement of multiple stakeholders. This research focuses on the Central Jakarta District Court Decision No. 40/Pid.Sus-TPK/2024/PN Jkt.Pst, which concerns allegations of corruption involving five major companies in the crude palm oil (CPO) export sector. In its ruling, the panel of judges declared the defendants not legally accountable (onslag van alle rechtsvervolging), even though their actions were proven to have resulted in state losses of Rp1.6 trillion. The study utilizes a normative juridical method through a legislative and case study approach to analyze the rationale behind the court’s decision and its implications for the enforcement of corporate law. The findings indicate that the judges overlooked both formal and material elements of the offense, which should have been sufficient to establish the occurrence of corruption. This approach creates legal inequality, weakens justice, and provides corporations with room to evade legal accountability. Therefore, comprehensive reform of the criminal justice system is necessary, including strengthening regulations, establishing clear jurisprudence, and enhancing the integrity of judicial institutions to ensure the fair and equal enforcement of the rule of law.
Critically Reveal The Dimensions of Damage From Unauthorized Use of Personal Data
Unauthorized use of personal data can cause harm to personal data subjects. In its mandate, Decision Number 78/Pid.Sus/2024/PN Tng provides a general outline of the potential harm that may occur to personal data subjects. However, the decision does not specifically explain the forms of loss and its impact on personal data subjects. This research critically discusses the forms of crimes causing harm and their impact on personal data subjects' damage due to unauthorized use of personal data in Decision Number 78/Pid.Sus/2024/PN Tng. The research employs the Library Research method, also known as Legal Research, which focuses on analyzing primary and secondary legal materials based on existing literature. The findings indicate that several general regulations in Indonesia address the crime of unauthorized use of personal data, including Law Number 24 of 2013, Law Number 1 of 2024, Law Number 14 of 2008, and Law Number 27 of 2022. Meanwhile, Decision Number 78/Pid.Sus/2024/PN Tng outlines the damage to personal data subjects resulting from unauthorized use of personal data, with this study revealing various impacts of damage both materially and non-materially.
Copyright (c) 2024 The Digest: Journal of Jurisprudence and Legisprudence
Unraveling Bankruptcy: A Detailed Analysis of the PT Pazia Retailindo Case
Decision Number 44/Pdt.Sus-Pailit/2020/PN Niaga Jkt.Pst. discusses the bankruptcy process of PT Pazia Retailindo, initiated by two petitioners, PT Dana Kaya and Ambar Bawono. This study aims to identify the legal relationships among the parties involved and analyze the evidence submitted to support the bankruptcy petition. The method used is normative legal writing, focusing on the provisions of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The analysis shows that all requirements for the bankruptcy petition have been met, including the existence of more than one creditor, debts that have fallen due, and facts that can be proven simply. The judge decided to grant the bankruptcy petition, appointing a curator to manage the debtor's assets, and emphasized the importance of simple evidence in the bankruptcy legal process. This decision underscores the protection of creditor rights and fairness in the management of bankruptcy assets, reflecting the implications of the debtor's failure to fulfill its obligations.
Progressive Law Dialectics: Statesmen’s Role as Constitution Guardians and the Independence of Indonesia's Constitutional Court
This study examines the filling of public offices with special criteria, as outlined in the constitution, which applies specifically to Constitutional Court judges. However, the term "statesman" is not explicitly defined in the criteria. Progressive law, de facto, emphasizes the substantive dimension of justice in the pursuit of upholding the right to justice and democracy. This paper explores the reconstruction of recruitment and external supervision of constitutional judges, focusing on the qualifications of statesmen from a progressive legal perspective. It also discusses the relevance of the progressive legal understanding of statesman qualifications to the independence of the Constitutional Court in Indonesia. The method employed in this research is normative juridical, conducted through literature review. The findings suggest that constitutional decisions and policies should be based on a justice dimension grounded in progressive law. The qualification of a statesman can be assessed through a track record of daily actions and relationships with the broader environment. By applying statesman qualifications to constitutional judges, it signals their capability and compatibility in ensuring the independence of institutions that prioritize justice in state governance and public administration.
Disputes in the Civil Realm as a Justification for Eliminating Criminal Acts from The Perspective of The New Criminal Code
This research investigates significant changes in the criminal law approach to disputes in the civil realm, specifically focusing on the justification for excluding certain criminal acts under the new Criminal Code. This shift reflects the evolution of criminal law towards a more equitable and human rights-oriented system of law enforcement. The main objective of this research is to analyze the implications and changes introduced by the new Criminal Code concerning the recognition of civil disputes as a justification for eliminating criminal acts. Additionally, the research aims to understand the impact of these changes on criminal law practice and their effect on justice within the legal system. This study employs normative legal research methods, involving the analysis of laws, legal regulations, court decisions, and relevant legal literature. A qualitative approach is used to examine and understand the changes in the new Criminal Code and their practical implications for criminal law enforcement. The findings indicate that the new Criminal Code provides greater recognition of civil disputes as a valid justification for eliminating criminal liability. This change reflects efforts to create a criminal law system that is more inclusive and sensitive to ethical values, morality, and justice. In practice, this shift alters the approach to law enforcement in cases involving civil disputes, aligning the criminal law system more closely with principles of fairness and human rights.
Tracing the Legal Path: An Analysis of the Bankruptcy Decision
This study analyzes Decision No. 559 K/Pdt.Sus-Pailit/2015, which involves a bankruptcy petition filed by creditors against PT Hong Seng Papua International. Utilizing a normative legal research methodology, the research focuses on relevant legal frameworks, particularly Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The analysis reveals that PT Hong Seng has two creditors and has defaulted on its matured debt obligations, prompting the Makassar Commercial Court to declare the company bankrupt. The importance of written documentation, such as debt acknowledgment letters and loan agreements, is emphasized as crucial evidence for the bankruptcy claim. The study concludes that the Commercial Court's decision aligns with existing legal provisions, resulting in the rejection of the debtor's cassation petition. These findings significantly enhance the understanding of bankruptcy law application in Indonesia and its implications for future legal practices. The research highlights the necessity for clear and structured documentation in financial transactions to protect creditor rights and maintain the integrity of the legal system. Ultimately, this case not only sheds light on a specific bankruptcy situation but also addresses broader issues related to the enforcement of bankruptcy laws in Indonesia, underscoring the need for stringent adherence to legal documentation standards in financial dealings. This understanding is vital for both debtors and creditors to navigate their rights and obligations effectively, fostering a more responsible approach to debt management and strengthening trust within business relationships.
Gender Equality as Human Rights: Efforts to Empower Women and Improve Family Welfare in Boja Village
The research aims to explore the socio-political dimensions of gender justice and human rights, emphasizing women's political equality while ensuring appropriate support for family life. Using a combination of field research (non-doctrinal) and a literature review of primary sources, including those related to Boja Village, the paper analyzes legislative changes and economic initiatives that have enhanced women's status and family welfare. The study also examines global and national gender-equality indices, evaluating their progress through both quantitative indicators and qualitative policy assessments/public opinion. The discussion highlights the complex roles of governments, non-governmental organizations, and women’s activist groups in advocating for gender parity on a global scale. While many aspects of life have seen improvements, cultural and economic challenges, along with institutional remnants, continue to hinder equal opportunities for both men and women. The coordinated approach to women’s and family welfare emphasizes gender- and culture-sensitive empowerment of the individual. The chapter concludes with policy and practice recommendations aimed at fostering more gender-sensitive interventions, accelerating progress toward universal human rights, and advancing the sustainable development agenda.
Legal Politics of Implementing Public Housing Savings in Government Regulation Number 21 of 2024 based on the Siyasah Maliyah Perspective
The Tapera Programme is designed to assist Indonesians, particularly those who need financial support to purchase their first home. However, shortly after the programme’s official enactment under Government Regulation (PP) No. 21 of 2024, it faced significant public criticism. The policy was viewed as burdensome for low-income workers and unfair to middle-income earners. Despite strong opposition, the government maintained its stance, asserting that the Tapera Programme would not be delayed. This research examines three key aspects: 1) the political and legal reasoning behind the formulation of policies in PP No. 21 of 2024 concerning the Tapera Implementation Programme; 2) a comparative study of the implementation of similar housing savings programmes in other countries; and 3) an assessment of the Tapera Programme from the perspective of Siyasah Maliyah, or Islamic financial governance. Using a normative juridical research approach, the study employs both legislative and conceptual methodologies. The research reveals that the Tapera Programme is intended to support low-income communities (MBR) by easing the financial burden of home ownership through interest incentives on mortgage payments. However, the proposed implementation mechanism was unclear, and the absence of a dedicated fund management body led to concerns about potential corruption. The study also finds that, unlike in other countries where housing savings funds are voluntary and often integrated with pension schemes, Tapera contributions are mandatory, with funds restricted to housing purposes. Lastly, the Siyasah Maliyah review highlights that the programme must comply with Islamic financial principles, ensuring it provides benefits to the public while adhering to ethical financial practices, such as avoiding interest (riba). This research provides policy insights, comparative perspectives, and an evaluation of Tapera from an Islamic financial governance standpoint, offering valuable recommendations for improving the programme and ensuring its alignment with public interest and Islamic law.
Plagiarism Trademark Dispute between Ms Glow and Ps Glow
In the realm of business and competitive markets, branding plays a crucial role. A brand serves as a key identifier with the primary goal of distinguishing an entrepreneur's products from those of competitors. This article examines the trademark dispute between MS Glow and PS Glow, revealing two different rulings from the same legal case, specifically the cancellation of a trademark. The differing interpretations of the Trademark and Geographical Indications Law by the judges have raised concerns, prompting scrutiny of the clarity in the application of trademark law in Indonesia. This research uses a normative method, utilizing secondary data that includes primary legal materials such as court decisions and legislative texts related to trademarks. Additionally, secondary legal materials such as journals and books are referenced to enhance understanding. The data analysis methodology employed is qualitative juridical analysis. The findings show that both cases share a common issue similarity in beauty product brands. Each party claims to possess legitimate intellectual property rights and asserts that they have avoided any trademark infringement. Notably, the legal dispute between PS Glow and MS Glow does not fall under the Nobis in Idem principle, as the lawsuit filed in the Surabaya court was initiated before the Medan Commercial Court’s decision had been finalized. This study offers important insights into trademark disputes, the application of trademark law in Indonesia, and the complexities involved in handling trademark conflicts between competing parties.
Corporate Criminal Liability of Corruption Criminal Actions PT. Sinarmas Asset Management
Corporations, as legal entities, can be held criminally liable for corruption offenses under Indonesian law. The legal framework in Indonesia recognizes corporations as subjects of criminal law, as outlined in Law No. 20 of 2001 concerning the Eradication of Corruption Crimes (UU Tipikor). However, there are still gaps in the law, particularly regarding main and additional penalties for corporate entities. The introduction of Law No. 1 of 2023 concerning the Criminal Code (KUHP Nusantara) addresses these shortcomings by providing more comprehensive regulations on corporate criminal liability, particularly for corruption-related offenses. This study employs a qualitative research approach, using legislative analysis, case law examination, and conceptual analysis. The research is doctrinal and juridical-normative, relying on literature studies and document analysis of statutory regulations and court decisions regarding corporate corruption. The study focuses on the corruption case involving PT. Sinarmas Asset Management (PT. SAM), where the corporation was held criminally liable under both the Anti-Corruption Law and the Indonesian Criminal Code. The research reveals that the Indonesian Criminal Code offers more detailed provisions, including additional penalties for corporations convicted of corruption. The case study also highlights significant legal developments in the trial process. Initially, the District Court convicted PT. SAM of corruption, but this verdict was overturned by the Jakarta High Court, which acquitted the company. However, the Supreme Court disagreed with the lower courts and upheld the conviction, continuing to impose penalties on PT. SAM for the mismanagement of unauthorized funds. This case underscores the complexities of corporate criminal liability in corruption cases and the evolving nature of judicial interpretations of corporate accountability in Indonesia.
Inaccuracy of the State Attorney in Drafting a Lawsuit that Causes a Non-Executable Judgement
Verdict Number: 06/Pdt.G/2015/PN.G/2015/PN.Bbs cannot be executed, even though it has become inkracht (final and binding). This situation contradicts the indicators of law enforcement assessment, which state that civil courts should not face unreasonable delays, must enforce decisions effectively, and must uphold the objectives of achieving justice, expediency, and legal certainty. This research examines the plaintiff's errors in preparing the lawsuit, which led to the non-executable verdict, and explores how to properly draft a lawsuit to ensure its execution. This study is normative legal research, where the research materials are analyzed qualitatively and presented descriptively. The findings of this research reveal that several mistakes made by the plaintiff contributed to the verdict’s non-execution. These errors include the plaintiff’s failure to include non-punitive claims and to attach a request in the lawsuit. The plaintiff also did not provide the title deed for the disputed land, and the positum and petitum were drafted asynchronously, with the claim for compensation mixed with the request for dowry. It is essential for the plaintiff to be meticulous when drafting the petitum, as any errors in this stage can impact the judge’s decision. The lawsuit must be prepared thoroughly and specifically, stating the legal grounds and structuring the petitum in accordance with these grounds and the factual circumstances. Additionally, the plaintiff should avoid combining compensation claims with requests for dwangsom (penal sanctions) in the same petitum.