Indonesian Journal of Advocacy and Legal Services
Indonesian Journal of Advocacy and Legal Services (Indonesian J. Advoc. Legal Serv.) is a double blind peer reviewed journal published by the Faculty of Law, Universitas Negeri Semarang. Indonesian J. Advoc. Legal Serv. published twice a year (biannual), every March and September and has been registered as Scientific Journal on LIPI with Special ISSN Number (ISSN Print 2686-2085, ISSN Online 2686-2611). Indonesian J. Advoc. Legal Serv. is a Scientific Journal of Law that has specificities in the fields of Legal Services, Community Engagement of Law Sector, Legal Aid, and Advocacy. Indonesian J. Advoc. Legal Serv. exclusively publishes articles English and uses the Open Access Journal (OJS) system. Indonesian J. Advoc. Legal Serv. also has been indexed by several national and international indexer, such as SINTA, GARUDA Ristekdikti and Google Scholars. As a journal that has special attention to issues of community advocacy and legal services, Indonesian J. Advoc. Legal Serv. also collaborates with several institutions and agencies, including the Legal Aid Institute, the Indonesian Advocates Association, the Center for Legal Studies and Advocacy, the Community Advocacy Forum, the Center for Child and Women's Protection , Police Agency. Title : Indonesian Journal of Advocacy and Legal Services Editor in Chief : Aprila Niravita ISSN : Print 2686-2085 | Online 2686-2611 DOI Prefix : 10.15294/ijals Publisher : Faculty of Law Universitas Negeri Semarang Frequency : Biannually
Authors retain copyrights of the published materials under an Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. All writings published in this journal are the personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.
Advocating for Excellence: Legal Strategies in Shaping Higher Education as a World-Class Research and Education Hub (Case of Indonesia, Oman, and United Arab Emirates)
This paper explores the role of legal strategies and advocacy in shaping higher education institutions into world-class research and education hubs, with a comparative focus on Universitas Negeri Semarang (UNNES) in Indonesia, Dhofar University in Oman, and the University of Sharjah in the United Arab Emirates. Central to this analysis is the development of Centers of Excellence (CoEs) as catalysts for academic innovation, international collaboration, and institutional prestige. The study investigates how legal frameworks—ranging from national laws to internal university policies—facilitate or hinder the strategic growth of CoEs in each context. It highlights how legal advocacy can drive policy reform, secure essential resources, safeguard intellectual property, and promote academic freedom and international accreditation. By examining case studies from the three institutions, the paper underscores the importance of legal professionals not only as compliance officers but as key actors in institutional transformation. Ultimately, the research demonstrates that a robust, forward-thinking legal strategy is essential to advancing the global aspirations of universities in emerging knowledge economies.
Legal Advocacy, Higher Education Policy, Center of Excellence
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Editorial Introduction: Contemporary Issues on Advocacy and Legal Services
This editorial outlines key themes in the Indonesian Journal of Advocacy and Legal Services issue on “Contemporary Issues on Advocacy and Legal Services.” The articles examine diverse topics including restorative justice, labor regulation, digital legal counseling, and post-conflict advocacy. Case studies from Indonesia, Malaysia, and New Zealand provide comparative insights into evolving legal practices. The issue highlights ongoing challenges such as unequal access to justice, weak legal ethics enforcement, and the impact of legal pluralism. Emphasizing interdisciplinary and practical approaches, this edition contributes to advancing advocacy as a tool for legal empowerment, institutional reform, and social justice in Indonesia.
Copyright (c) 2025 Ridwan Arifin, Aprila Niravita (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Resolving Land Sale Disputes through Legal Advocacy: A Normative Study of Judicial Reasoning in Plural Legal Systems
The transfer of land rights is a classic problem, but the legal basis that validates its validity remains ambiguous to date. Although Government Regulation Number 24 of 1997 concerning Land Registration emphasizes that the transfer of land rights is executed using a PPAT deed, judges sometimes have varying legal considerations when deciding the issue of the validity of the transfer of land rights. The validation of these considerations is sometimes also based on the Burgerlijk Wetboek, or sometimes based on Customary/Adat Law. Based on the Morality-Positivism theory, this article will explore how judges should decide a case that falls into the category of "hard cases" regarding the issue of the transfer of land rights in Indonesia, including the legal sources that are used as references. The research method in this article is the normative legal research method. Based on the Dworkin’s theory (law as integrity) and seeing positive law still with moral judgment in it (moral-positivism), judges in deciding cases can use discretion in deciding hard cases. However, in a theoretical context, judges do not have absolute discretion or absolute freedom (independence) in deciding cases. The freedom of judges is within the limits of a circle, which Ronald Dworkin called the metaphor of the hole in the doughnut. Therefore, the judge's decision must not be separated from the spirit and principles of the Basic Agrarian Law. With the Morality of Law, judges cannot decide cases with policy (inclusive positivist), but can only base their decisions on the principles to maintain coherence
Copyright (c) 2025 M. Yazid Fathoni, Diangsa Wagian, Lalu Hadi Adha (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
From Tragedy to Reconciliation: Advocacy, Legal Strategies, and the Role of History Teachers in Integrating Peace Education in Post-Conflict Areas
Indonesia’s post-conflict regions, such as Aceh, Poso, and Papua, continue to confront the legacies of violence, trauma, and contested historical narratives. In these areas, history education holds significant potential for promoting reconciliation and preventing the recurrence of conflict. This study examines the role of history teachers in integrating peace education within the broader frameworks of legal strategies and advocacy in Indonesian post-conflict settings. Drawing on qualitative research, including in-depth interviews with educators, civil society actors, and local government representatives, the paper explores how history teachers navigate sensitive political and historical issues in classrooms marked by ethnic, religious, and ideological divisions. The study highlights how legal frameworks such as human rights education, truth-seeking efforts, and transitional justice initiatives—though limited in formal policy—are informally adopted by educators through civil society-led training and community advocacy. Findings suggest that when adequately supported, history teachers in Indonesia can act as frontline peacebuilders, helping students develop critical thinking, historical empathy, and a commitment to nonviolence. Moreover, advocacy networks play a crucial role in enabling educators to address topics such as mass violence, displacement, and state-perpetrated injustice in ways that foster healing rather than deepen polarization. By contextualizing peace education within Indonesia’s unique socio-political landscape, this paper contributes to the global discourse on post-conflict education and provides practical pathways for integrating historical accountability into curriculum and teacher training programs.
Copyright (c) 2025 Tsabit Azinar Ahmad, Nurasiah Nurasiah, Syaiful Amin, Ahmad Sohabudin, Ridwan Arifin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Food Estate Development: Political-Economic and Legal Perspectives
The Indonesian Government is trying to overcome the threat of a food crisis, one of which is through a food estate program. This study was conducted to answer the political-economic and legal perspectives of food estate development in Kalimantan. Researchers collected data by visiting three food estate locations in the Gunung Mas, Pulang Pisau, and Kapuas Regencies. In the field, researchers conducted observations, in-depth interviews, and focus-group discussions with many informants. After the data were collected, researchers conducted multidisciplinary analyses and studies. The results of this study showed that the Government's plan to increase food production through food estates in Central Kalimantan was not achieved. The Government's economic and political goals violate applicable laws. In this context, the law follows the wishes of political actors and economic interests. Food estates positively impact infrastructure development at food estate locations, especially in the Kapuas and Pulang Pisau Regencies. This has a positive impact on the economy. However, residents did not feel these benefits at the food estate location in the Gunung Mas Regency. The development of a food estate in Gunung Mas violates the law. Land clearing by cutting down trees in a 600-hectare forest can violate the Forestry and Forest Protection Laws. To avoid any legal violations, a breakthrough is needed in the form of a Government Regulation in place of Law (Peraturan Pemerintah Pengganti Undang-Undang/ PERPUU). This program cannot be implemented without a legal framework, such as a law that regulates the entire process from upstream to downstream. Therefore, food estates are being developed throughout rural areas in Indonesia.
Copyright (c) 2025 Mohammad Hidayaturrahman, Radityo Putro Handrito , Anak Agung Putu Sugiantiningsih, Ahmad Hasan Ubaid, Rillia Aisyah Haris, Suprianto Suprianto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Advocacy for Social Transformation: Pancasila-Based Legal Education and the Street Law Model in Fostering Nationalism Among Youth in Kenteng Village
This paper investigates the role of Pancasila-based legal education through the Street Law model in advocating for social transformation and fostering nationalism among youth in Kenteng Village. As Indonesia strives to strengthen its national identity, particularly among younger generations, integrating Pancasila— the nation’s foundational ideology— into legal education becomes essential. The study outlines a community-driven program that engages university students and local youth in interactive legal workshops, promoting awareness of rights, responsibilities, and civic engagement rooted in Pancasila values. Through participatory methods, the program encourages youth to actively engage in discussions about legal issues and national identity, thereby enhancing their understanding of Indonesian democracy and governance. The findings reveal that this approach not only cultivates a sense of nationalism among participants but also empowers them to become advocates for their communities. Participants reported increased confidence in navigating legal matters and a stronger commitment to civic involvement. This research highlights the importance of advocacy in legal education as a catalyst for social change, demonstrating that the Street Law model can effectively bridge the gap between academic knowledge and practical application in the community. Ultimately, the paper argues for broader implementation of Pancasila-based legal education programs across Indonesia, suggesting that such initiatives can play a vital role in nurturing a generation of informed and engaged citizens dedicated to the ideals of Pancasila.
Copyright (c) 2024 Bayangsari Wedhatami, Ridwan Arifin, Riska Alkadri, Dewi Puspasari, Bintang Rafli Ananta (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Strategies and Advocacy for Boosting Global Market Competitiveness of Geographical Indication Products in Temanggung
Geographical Indication (GI) products hold significant potential for enhancing local economies and global market presence. However, GI products from Temanggung, Indonesia, face unique legal and competitive challenges that hinder their global competitiveness. This paper addresses the urgent need to bolster the international market position of Temanggung’s GI products through effective legal strategies and advocacy. The research is novel in its dual approach of combining legal analysis with strategic advocacy, focusing on a specific regional context that has received limited attention in existing literature. It examines the international and national legal frameworks affecting GI products, identifying gaps and proposing enhancements to strengthen legal protections and align with global standards. Additionally, the paper explores innovative advocacy methods to increase awareness and marketability, including strategic marketing, education, and stakeholder partnerships. The contribution of this research lies in its comprehensive analysis of both legal and advocacy dimensions, providing actionable recommendations for improving the competitiveness of Temanggung’s GI products. By addressing legal vulnerabilities and advocating for effective promotion, the paper offers a roadmap for policymakers, legal professionals, and local producers to enhance the global presence of Temanggung’s GI products. The findings aim to inspire similar strategies for other regions facing comparable challenges, ultimately contributing to the broader discourse on GI protection and market strategies. This research is crucial for addressing immediate challenges and leveraging the full potential of GI products in a competitive global marketplace.
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Advancing Pancasila Through Community Engagement: The Contribution of Universities to Ideological and National Awareness in Kenteng Village
This paper explores the role of universities in advancing Pancasila as a guiding ideology through community engagement in Kenteng Village. As Indonesia faces challenges in maintaining national identity and unity, the significance of Pancasila— the nation’s foundational philosophical framework—cannot be overstated. The study examines a collaborative program initiated by a local university aimed at fostering ideological understanding and enhancing national awareness among villagers. Through workshops, seminars, and hands-on activities, university students and faculty worked closely with the Kenteng community to facilitate discussions on Pancasila values, encouraging active participation in civic life. The program also aimed to empower villagers by equipping them with skills and knowledge to promote social cohesion and resilience. The findings indicate that the initiative not only deepened the community's appreciation for Pancasila but also strengthened ties between the university and the village. Participants reported increased awareness of national issues and a stronger commitment to local governance and community development. This case study demonstrates that effective community engagement by universities can serve as a model for similar initiatives across Indonesia, reinforcing the importance of Pancasila in contemporary society. Ultimately, the paper advocates for a more structured approach to university-community partnerships, highlighting their potential to cultivate a deeper understanding of national identity and values among future generations.
The Relationship Between Law and Politics in the Government Regulation in Lieu of Law (Perppu) on Social Organizations
Perppu Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Social Organizations is an example of a legal product where there is a relationship between Law and Politics. With this Perppu, the government has disbanded one of the social organizations, namely Hizbut Tahrir Indonesia (HTI), which was deemed not in accordance with Pancasila and the 1945 Constitution and wanted to change the state's ideology. The Perppu on Social Organizations issued by the government was promulgated by the People's Representative Council (DPR) on November 22 2017, but there are several factions that still reject the law. After observed, it is known that the factions that agree to the promulgation of the Perppu are government parties and those that reject it are political parties. opposition. Apart from that, we know that social organizations are one of the wings of politics, which are very effectively used to boost the votes of political parties and mobilize the masses. This research aims to examine legal and political relations in Government Regulation in Lieu of Law (Perppu) Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Social Organizations. The research results show that there are several substances in the Perppu that have given rise to controversy in society regarding criminal sanctions and the dissolution of social organizations. All legal products, including this Perppu, are not neutral; rather, they contain interests and biases, highlighting the close relationship between law and politics.
Advocacy for Business Protection: The Role of Business Identification Numbers in Safeguarding Business Actors
The provision of a Business Identification Number (NIB) is an important thing for business actors. One of the benefits of the issuance of NIB for business actors is that the government can provide assistance by means of technical guidance, consultation, and training to increase knowledge of the application of Indonesian national standards and halal product guarantee certification, and so on. However, today, there are still many business actors who do not know how the benefits of NIB for business actors, especially the role of NIB in protecting business actors. This article aims to find out how the role of the Business Identification Number in protecting business actors in Indonesia. This study uses normative juridical research method. The results showed that there are several roles of the Business Identification Number in protecting business actors. Business actors get legal protection in carrying out business operations. In addition, NIB also functions as a legal identity for business actors, which allows them to obtain valid business licenses, commercial licenses, and operations. In addition, NIB makes it easier for businesses to apply for business licenses and fulfill legality requirements. NIB can also increase the competitiveness of business actors by fulfilling the requirements to obtain certification. The issuance of NIB for business actors can be a form of contribution to the development of a better business ecosystem.
Strategy for Fortifying the Batursari Kledung Temanggung Village Community from Radicalism and Terrorism
Central Java, as a reflection of a calm and peaceful society, is disturbed by the rise of terrorism, which has made the region a base for recruitment and terror regeneration. Acts of terror are always preceded by the implantation of radical ideologies. Therefore, preventive efforts are necessary to thwart the spread of these radical ideologies. This activity aims to foster a preventive attitude to counter radical ideologies in the Batursari community, Kledung Sub-district, Temanggung Regency, and to provide recommendations to the government on the necessary actions to ensure legal protection for the Batursari community against terrorism and radicalism. This activity is in partnership with the Ansor Youth Movement (GP) PAC of Kledung Sub-district, Temanggung Regency, which is one of the autonomous bodies of Nahdlatul Ulama. The methods used in this activity include lectures and dialogues, as well as focused discussions. Additionally, brainstorming—collecting opinions from the audience—will be used as an initial effort to gauge their knowledge about terrorism and radicalism. This activity is expected to cultivate a preventive attitude to counter the infiltration of radical ideologies into the community.
Fulfilment of the Right to a Fair Justice for Victims and Narcotics Abusers in Indonesia
The purpose of this paper is to analyze the fulfillment of the right to rehabilitation for addicts and victims of narcotics abuse in Indonesia in the perspective of the right to a fair trial. The research method used in normative legal research is because the focus is to study written law from various aspects, such as theory, history, philosophy, structure and composition, scope and material, article by article and general explanation, formality and binding force of a law and the legal language used. The approach used in this study is the approach Statute Approach which is an approach to review legislation related to research themes, Analytical & Conceptual Approach which is an approach by studying views and doctrines that develop in legal science. The mechanism for applying rehabilitation sanctions itself is based on an assessment, assessment is known to be an assessment action to find out the condition of residents due to drug abuse which includes medical aspects and social aspects, this is what must be done by law enforcement officials to guarantee their rights as suspects such as the Justice Fair Trial Principle. The central-level Integrated Assessment Team (TAT) is determined by the National Narcotics Agency (BNN), after coordinating with the Ministry of Health, the National Police, the Indonesian Prosecutor's Office, and the Ministry of Law and Human Rights (BAPAS), related to the application of rehabilitation sanctions against addicts and victims of narcotics abuse, after obtaining approval from each of these agencies.
Indonesia Paradox on Plastic Waste Import in International Policy and Social Movement Perspective
Indonesia, recognized as the second largest marine polluter globally, faces a significant environmental crisis despite stringent international policies and vigorous social movements advocating for sustainability. According to data from INAPLAS and BPS, Indonesia generates 64 million tons of plastic waste annually, with 3.2 million tons ending up in the sea. The waste management system in Indonesia is rudimentary, involving basic stages of collection, transportation, and disposal, with processing occurring only at the final destination. Amidst this waste crisis, Indonesia continues to import plastic waste from countries such as the United States, Germany, Australia, and Hong Kong, exacerbating the environmental and health hazards. This paper explores the paradox of plastic waste import in Indonesia, focusing on how international policies, including the Basel Convention and its recent amendments, intersect with local regulations and their enforcement. It also examines the role of social movements in combating plastic waste imports and advocating for environmental sustainability. The central problem addressed is the regulatory and social polemic surrounding waste importation in Indonesia, considering the social, political, and legal dimensions. Employing a conceptual and statute approach, the paper provides a comprehensive analysis of the waste import regulation issues linked to social problems within Indonesian society. It argues that the complexity of international trade, economic incentives, and insufficient regulation enforcement contribute to the paradoxical situation where policies and advocacy efforts seem misaligned with outcomes. The findings offer social and juridical recommendations for the Indonesian government and society to address the waste import dilemma effectively. By aligning policies with environmental goals and leveraging social movements, Indonesia can drive significant change towards sustainable waste management practices.
Stripped of Rights: The Battle for Justice and Legal Certainty for Stateless Persons in Indonesia
This research critically examines the justice system and legal certainty pertaining to stateless persons in Indonesia. Stateless individuals in Indonesia frequently encounter systemic discrimination and endure hardships due to inadequate legal protections. The study employs a normative juridical research approach, combining statutory analysis and conceptual exploration to assess the current regulatory framework. The findings underscore significant gaps in existing regulations that fail to adequately safeguard the rights of stateless persons. These individuals often struggle to access basic human rights such as education, healthcare, and employment, highlighting a critical need for legislative reforms. Legal certainty is a pivotal issue, as the ambiguity and inconsistencies within Indonesian laws contribute to the vulnerability of stateless populations. Furthermore, the research identifies discrepancies between national laws and constitutional mandates, which further complicate the legal landscape for stateless persons. This analysis aims to advocate for policy reforms that align with principles of justice and constitutional integrity, proposing measures to enhance legal protections and ensure equitable treatment for stateless individuals in Indonesia. By illuminating these challenges and proposing potential avenues for legal reform, this research seeks to contribute to broader discussions on human rights, migration, and legal justice within the Indonesian context, ultimately advocating for a more inclusive and just society for stateless persons.
The Indonesian Government’s Dilemma in Repatriating Former ISIS Members: Balancing Advocacy, Citizenship Status, and Human Rights
Indonesian Government confronts a multifaceted challenge in repatriating former ISIS members, necessitating a delicate equilibrium between advocacy, citizenship status, and human rights principles. International conventions uphold the fundamental right to nationality, articulated in Article 15 of the Universal Declaration of Human Rights, yet over 500 former ISIS members from Indonesia remain stranded in Syria, having illegally departed and destroyed their official documentation. While several countries in Southeast Asia and Europe have undertaken repatriation efforts under rigorous conditions, Indonesia faces a quandary. These individuals do not qualify as People with Social Welfare Problems under domestic law, complicating their reintegration. This classification divergence conflicts with international obligations requiring nations to accept and restore nationality to their citizens, notwithstanding their affiliation with extremist groups not recognized as refugees by the UNHCR. This paper delves into the legal and humanitarian imperatives compelling Indonesia to address this issue. It examines international frameworks and national legislation to argue for the necessity of repatriation, while also exploring the preventive and repressive measures Indonesia employs. Balancing the imperative to safeguard human rights with national security concerns presents a formidable task, demanding a nuanced approach that ensures compliance with international standards while safeguarding domestic stability and security.
Making Indonesia Sustainable: Shaping the Law to Reduce Digital Carbon Footprint
In alignment with the commitments made under the Paris Agreement, Indonesia has pledged to significantly reduce its carbon emissions by 2030 as parts of its Enhanced National Determined Contribution (ENDC) within the Indonesia Emas 2045 (Golden Indonesia 2045) Program. However, while the focus has predominantly been on addressing physical carbon footprint, it’s imperative to also consider the burgeoning digital carbon footprint. As Southeast Asia, including Indonesia, faces heightened risks from climate change, exacerbated by the rapid expansion of the digital economic, the need to curb digital carbon emissions becomes increasingly urgent. This paper examines the regulatory landscape concerning digital carbon footprint in Indonesia and explores strategies to mitigate its impact. Through a combination of normative and comparative approaches, the research analyzed existing regulations and draws insights from international best practices. Key research questions include the current regulatory framework governing digital carbon footprint in Indonesia and potential measures to reduce it. The findings aim to inform policymakers and industry stakeholders on effective strategies for reducing digital carbon emissions. Ultimately, the output of this research will contribute to the development of regulations incentivizing businesses to adopt sustainable practices and produce Environmental, Social, and Governance (ESG) reports, thereby advancing Indonesia’s journey toward a greener and more sustainable future.
Indonesia’s Settlement Procedure of Small Claims: A Proposal for the Implementation of Online Dispute Resolution
This research primarily aims to investigate the opportunities for the internalized implementation of Online Dispute Resolution (ODR) within the judicial system for the settlement of small claims in Indonesia. Several positive features of ODR, such as its ease, speed, and cost-effectiveness, can serve as catalysts for the settlement of small claims. Currently, Article 6A of the Supreme Court Regulations No. 4 of 2019 concerning the Settlement Procedure of Small Claims (the Small Claims Regulation) also allows for the use of electronic case administration in accordance with relevant legislation. This study employs a normative juridical research approach with a qualitative descriptive analysis method. The data used consist of secondary data, including primary legal sources from various legislative regulations. Additionally, data from journal articles, reports, and other literature related to ODR and small claims are utilized. A comparative study with the United States is employed to gain insights into best practices for implementing ODR in small claims settlement. Subsequently, this research proposes several steps for the ODR process in resolving simple lawsuits, including case initiation, negotiation, mediation, and adjudication. Furthermore, it emphasizes the principles of ODR that need to be upheld, such as voluntariness, accountability, and impartiality. Ultimately, integrating technology into civil justice systems through ODR will enhance the effectiveness and accessibility of justice in resolving small claims.
Exploring Student Perspectives on Restorative Justice: A Case Study at the Public High School of Kefamenanu
The exploration of Restorative Justice (RJ) in Indonesia's border areas, particularly within the context of North Central Timor High School, reveals intriguing insights into its implementation and reception among students. This study, employing an empirical legal research approach focused on statutory analysis, factual examination, and thoughtful analysis, sheds light on the evolving landscape of Indonesia's criminal justice system. Notably, the research highlights that while PERMENDIKBUD 46/23 initially adopts a distributive punishment framework, there exists a growing inclination towards adopting RJ principles. A significant proportion of students, constituting 55.50%, express strong support for the incorporation of RJ within the school environment. Moreover, a majority (51%) acknowledge the presence of RJ initiatives within their schools, emphasizing the gradual acceptance of this alternative approach. Furthermore, the findings underscore the importance of transparency in RJ practices, with 40% of students recognizing its significance. Additionally, a notable percentage (35.5%) of students endorse the application of RJ in addressing issues of sexual violence, signaling a potential avenue for addressing such sensitive matters within the school community. Crucially, a substantial proportion (43.33%) of students advocate for the active involvement of schools in facilitating the resolution of sexual violence cases through RJ processes. This underscores the pivotal role educational institutions can play in fostering a culture of accountability and restoration. Overall, the student perspectives elucidated in this research offer valuable insights into the feasibility and efficacy of RJ in addressing not only disciplinary matters but also complex issues like sexual violence within educational settings. As Indonesia continues to explore innovative approaches to justice, the embrace of RJ principles signifies a promising step towards fostering a more inclusive and restorative justice system.
Geographical Indications and Trademarks Protection: Empowering MSMEs Through Advocacy, Legal Services in Indonesia, Oman, Philippines
The protection of geographical indications (GIs) and trademarks represents a crucial instrument within intellectual property law, serving not only as a mechanism of legal protection but also as a means of economic empowerment, particularly for micro, small, and medium enterprises (MSMEs). Nevertheless, the effectiveness of such protection is often constrained by limited access to legal services and advocacy. This study aims to analyze the ideal legal framework for the protection of GIs and trademarks in Indonesia, the Philippines, and Oman, emphasizing the importance of integrating legal services and advocacy to strengthen MSME empowerment. The research employs a normative juridical approach combined with comparative analysis, examining statutory provisions, institutional practices, and the legal cultures of each country. The findings reveal that the Philippines has developed a relatively ideal framework through the active role of the Intellectual Property Office of the Philippines (IPOPHL), which implements the IP Academy, Innovation and Technology Support Offices (ITSO), and the affirmative Juana Make a Mark initiative. By contrast, Indonesia and Oman continue to face challenges, as their regulatory structures remain heavily focused on administrative procedures without explicit provisions on legal advocacy. This study contributes by highlighting the necessity of embedding legal advocacy within substantive regulations and institutionalizing MSME support programs as a state obligation. It concludes that the protection of GIs and trademarks will be more effective if supported by structured and sustainable legal advocacy mechanisms. The key recommendation is for Indonesia and Oman to adopt the Philippines’ best practices, particularly the integration of advocacy and legal services into formal regulations, thereby strengthening MSME empowerment through the protection of geographical indications and trademarks.
Copyright (c) 2025 I Gede Agus Kurniawan, Anak Agung Ayu Ngurah Sri Rahayu Gorda , Souad Ahmed Ezzerouali , Princess Alyssa Tee-anastacio, Ketut Elly Sutrisni (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Blocked by Neoliberalism: A Glance at the Workers Movement’s Role in Achieving a Just Transition
An effort to protect workers throughout an economic transition to a sustainable economy gave rise to the concept of a just transition. This is because the transition will have an effect on the employment in which workers are engaged. Based on this concept, this study examines Indonesia’s worker response to a just transition. Non-doctrinal research was used to conduct the study. This study shows that the question of a just transition is not now at the forefront of the workers movement in Indonesia. Neoliberalization of Indonesian labour law, nollen vollens, encourages the workers movement to continue concentrating on economic concerns, particularly those involving the fundamental rights of workers. Under these circumstances, Indonesia runs the risk of failing to accomplish a just transition, which would put workers in a ‘dark world’ while the economy moves towards a green economy.
Prevention of Radicalism and Terrorism in Higher Education: Regulation and Implementation
The emergence of various cases of radicalism in universities is the responsibility of all parties. Various cases that occur in universities show that campuses in Indonesia are very vulnerable to being compiled by radical ideas and terrorism movements, even considered to have no clear curriculum direction in preventing radicalism and terrorism. This study aims to analyze three important things in the issue of radicalism and terrorism in universities, especially at Semarang State University, namely, first how radicalism prevention policies in universities (study at UNNES); second, how to implement policies to prevent radicalism and terrorism at UNNES; and third, how UNNES campus efforts to overcome students or lecturers exposed to radicalism and terrorism. The method used in this study is a mixed method that combines normative juridical research with empirical data in the field. The projected results of this study are in the form of real data regarding the implementation of religious freedom regulations on the UNNES campus. The output of this research is in the form of articles published in accredited national journals.
Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-sa/4.0
Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience
This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.
The Analysis of the Legal Protection of Ship's Crew in Sea Work Agreement in Indonesia
This article aims to analyze the welfare of crew members in the context of legal protection, which is reviewed in more detail from the perspective of the implementation of the maritime employment agreement in Indonesia. This is based on the poor execution of marine employment agreements in Indonesia and should pay more attention to the welfare of crew members. This research will be prepared using normative juridical research (legal research), which is research focused on examining the application of rules or norms in positive law in Indonesia. The assessment process is carried out by analyzing several related regulations, namely the Commercial Code, Laws, Government Regulations, and Ministerial Regulations. The results show that the implementation of sea work agreements in Indonesia involves various parties, such as employers/ship agents, skippers, crew members, and harbourmaster as a means of fulfilling the rights and obligations of workers and employers. In the context of legal protection, crew members in Indonesia have the right to work protection in the form of welfare, occupational safety, and occupational health. In addition, crew members also have the right to salary, overtime pay, holiday pay, delegation pay, transportation costs and wages at the end of work in a sea work agreement.
The Role of Legal Empowerment Based Advocacy for Rural Communities on Structural Social Inequality
Indonesia is a portrait of a legal state, the rights of the people have been protected by the Constitution, contained in the 1945 Constitution of the Republic of Indonesia. Substantially regarding advocacy assistance to the community is regulated in Article 28 of the Constitution of the Republic of Indonesia "Everyone has the right to recognition, guarantee, protection, and legal certainty that is fair and equality before the law". In order to realize what has been mandated by Constitution, the government then issued a Law on Legal Aid, namely Law Number 16 of 2011 which was later referred to as the Law on Legal Aid. This research is specifically to analyze the application provision of legal aid given the role of the advocacy party legal Empowerment Based for Rural Communities Against Structural Social Inequality. This is the extent of the government's attention to upholding justice and eradicating structural social inequalities in rural communities. Viewed from the point of view of the method used, this type of research/approach is a type of normative legal research. The Normative Approach is research that looks at positive legal aspects as well as documents and statutory regulations. Also called doctrinal legal research, namely legal research that uses secondary data.
Halal Certification Imperatives for MSMEs: Navigating Sustainability, Consumer Confidence, and Policy Compliance (Case of Kenteng, Bandungan, Indonesia)
Micro, Small, and Medium Enterprises (MSMEs) serve as the economic backbone of communities, with their sustainability influenced by various factors, including adherence to business legality. Among the crucial legal aspects, obtaining halal certification stands out as a pivotal requirement. This certification plays a vital role for business entities, aiming to bolster consumer confidence in the products they offer. The research conducted adopts a mixed-methods approach, combining qualitative and quantitative data collection and analysis. Surveys and direct interviews with service partners reveal significant challenges faced by these partners. These challenges encompass a spectrum from comprehending the importance of halal food products and the processes involved in their production to understanding the intricacies of halal certification and the necessary steps to obtain it. In accordance with the Halal Product Assurance regulations, the implementation of halal certification in Indonesia is mandated to expedite. Notably, by no later than October 17, 2024, all products entering, circulating, and trading in Indonesia must be duly halal-certified. This stringent timeline underscores the urgency for businesses to prioritize obtaining halal certification, positioning it as a critical component of their legal obligations. The significance of halal certificates extends beyond mere compliance, serving as a testament to a business's commitment to meeting the ethical and religious considerations of its diverse consumer base. This study also advocates for the important role of halal certification in sustaining MSMEs as the economic backbone of communities. The findings underscore the need for robust policy-making, emphasizing the urgency of halal certification in accordance with Halal Product Assurance regulations in Indonesia. The research aligns with the advocacy for policies that prioritize the timely implementation of halal certification, recognizing it as a critical component for MSMEs to meet legal obligations and enhance consumer trust.
Micro Small and Medium Enterprises (SMEs)
Improving the Professionalism of Human Resources for the Indonesian National Police through Strengthening Supervision
Public distrust is only one example of the result of the poor performance and professionalism of the Police. The research method used by this study is an empirical research method that examines the implementation of strengthening as an effort to realize the professionalism of the Indonesian National Police in a progressive legal perspective with Socio-Legal. The data analysis method used is qualitative analysis which emphasizes more on the deductive and inductive inference processes as well as on the dynamics of the relationship between observed phenomena using scientific logic. The implementation of strengthening the supervision of the Police of the Republic of Indonesia in realizing professionalism is carried out well through their respective ranks and function units. The factors supporting and inhibiting the strengthening of the supervision of the Indonesian National Police are divided into two, namely the driving factor and the inhibiting factor. The driving factors consist of good coordination / cooperation between functional units, Itwasda's limited authority in handling public relations and community support for the existence of Itwasda. Meanwhile, the inhibiting factors consist of non-one-door mechanisms, bureaucratic errors from related functional units, the number of members of the Public Relations sub-section is less than the overall task carried out, inconvenience in handling and taking action against colleagues, people who do not understand the public relations mechanism and the complexity of the investigation process. until the decision is made.
Prevention of Theft with Aggravated Circumstances at Semarang City
The operational task of the police is a duty directly related to the community, and the benchmark for its success is the establishment of public trust in the Indonesian National Police (Polri). In the jurisdiction of the Semarang Metropolitan Police (Polrestabes Semarang), there is still a prevalence of aggravated theft crimes. Many people suffer losses due to the frequent occurrence of such criminal acts, including physical harm, economic losses, and psychological disturbances. The implementation of motor vehicle patrols by the Satuan Samapta (Security and Order Maintenance Unit) and the factors influencing the activities of the Satuan Samapta motor vehicle patrols in preventing aggravated theft crimes need to be optimized. Management theory, crime prevention theory, organizational resource theory, patrol concepts, and the concept of aggravated theft crimes are applied to enhance the effectiveness and efficiency of the Satuan Samapta motor vehicle patrol implementation. The Satuan Samapta patrols still face various obstacles from internal and external factors within the unit, thus requiring organizational resources to support the success of patrol implementation.
Gender Based Violence in Higher Education: A Model of Protection and Law Enforcement
Gender-based violence is a phenomenon that is still encountered in academic environments, including at Semarang State University (UNNES). This study aims to analyze gender-based violence at UNNES from the point of view of international law, international conventions that have been ratified by Indonesia related to women's protection, and existing regulations and policies at UNNES related to this issue. The research method used is a juridical normative approach by collecting data through literature studies, document analysis, and interviews with related parties. The results showed that gender-based violence at UNNES includes various forms, including sexual harassment, gender discrimination, gender stereotypes, and policies that are not in favor of women. This research also revealed that UNNES has adopted several regulations and policies related to gender issues, but there is still a gap between existing policies and their implementation. In addition, international conventions that have been ratified by Indonesia are also an important basis in protecting women from gender-based violence in the academic environment. This research provides recommendations to UNNES to strengthen the implementation of existing regulations and policies related to gender issues, as well as increase awareness and understanding of gender-based violence to the entire UNNES academic community. In addition, this research is also expected to be a reference for researchers and policy makers in dealing with the issue of gender-based violence in the university environment and encourage the adoption of policies that favor the protection of women's rights.
Rethinking Early Marriages in Indonesia: Advocating for Reform to Tackle Domestic Conflict, Violence, and Rights Infringements
The significance of establishing an age limit for marriage cannot be overstated, as marrying at a young age often leads to heightened domestic conflicts, encompassing instances of domestic violence and an increased likelihood of divorce. This study employs an empirical juridical research method, combining field research and library materials, to delve into the factors contributing to child marriages. The findings reveal various drivers of child marriages, notably rooted in economic hardships within families (poverty), parental-arranged marriages, influence from peer groups with a high prevalence of early marriages, cultural perspectives on marriage age, discontinued education, and instances of premarital sexual activities. The repercussions of child marriages extend beyond the act itself, jeopardizing fundamental rights that the young individuals may have otherwise enjoyed. This research underscores the vulnerability of several rights in the context of child marriages, including the right to education, the right to a sustainable livelihood, the right to holistic growth and development, and the right to live free from violence. The forms of violence stemming from child marriages are manifold, encompassing both physical and psychological abuse perpetrated by partners or individuals with familial ties, such as blood relations, marital bonds, and guardians residing in the household. Addressing these multifaceted factors is crucial for the protection and well-being of individuals ensnared in early marriages, paving the way for more informed policies and interventions.
The imperative to expedite the reduction of stunting rates has emerged as a paramount policy goal, garnering unanimous support from local governments across Indonesia. Banyuwangi Regency, in its commitment to this cause, has introduced the Banyuwangi Tanggap Stunting (BTS) Program, an innovative initiative aimed at diminishing stunting prevalence. The success of this program hinges on the endorsement and proactive involvement of all village governments within Banyuwangi Regency. Crucially, the efficacy of such policies necessitates a foundation rooted in the Political Will of village governments to facilitate implementation. This study delves into the case of Kedunggebang Village, situated in the Tegaldlimo District, which has embarked on the BTS program through a collaborative, cross-sectoral approach and extensive community counseling efforts. The primary objective of this research is to elucidate the Political Will exhibited by the Kedunggebang village government in supporting the BTS initiative, while also examining the impediments encountered during its implementation. Employing qualitative descriptive methods and in-depth interviews, this research employs the Brinkerhoff Theory as an analytical framework. Notably, the study stands out as a multidisciplinary exploration, scrutinizing public health concerns through the lenses of public policy and government bureaucracy. The findings reveal a nuanced scenario where the Kedunggebang Village Government demonstrates a lower level of Political Will, yet exhibits the capacity to effectively implement the BTS program. Consequently, the study advocates for essential bureaucratic reforms, including the enactment of village regulations, the formulation of comprehensive village development plans, and the establishment of a dedicated task force to accelerate the reduction of stunting rates.