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.
Beyond Administrative Compliance: Legal Advocacy for Substantive Transparency and Accountability in Regional Head Election Campaign Financing
Transparency and accountability of campaign finance are fundamental to safeguarding democratic integrity in Regional Head Elections. Although Indonesia's campaign finance regulations require disclosure and reporting, their implementation largely emphasizes procedural compliance rather than ensuring substantive transparency and accountability. This regulatory–implementation gap is reflected in formalistic reporting practices, potential underreporting, limited quality and accessibility of financial information, and weak oversight and enforcement mechanisms. This study examines the role of legal advocacy in strengthening substantive transparency and accountability of campaign finance by analyzing the existing regulatory framework and its implementation challenges. The research employs a normative legal method using statutory, conceptual, and case approaches to examine the coherence between campaign finance regulations, legal principles, and their implementation in electoral governance. The findings reveal that transparency and accountability constitute substantive legal principles that extend beyond compliance with reporting obligations. Although Indonesia's legal framework provides an adequate normative basis for campaign finance regulation, its effectiveness is undermined by pseudo-transparency, incomplete financial disclosure, restricted public access to campaign finance information, and ineffective audit and sanction mechanisms. The study argues that legal advocacy plays a strategic role in bridging the gap between legal norms and electoral practice by strengthening public oversight, improving information disclosure systems, enhancing the effectiveness of campaign finance audits, and reinforcing sanction enforcement. These findings contribute to the discourse on electoral law by demonstrating that legal advocacy is essential for transforming campaign finance transparency from a procedural obligation into a substantive mechanism that promotes democratic accountability and electoral integrity.
Copyright (c) 2026 Marvi De Queljoe, M. J. Saptenno, Adonia. I. Laturette, Elsa. R. M. Toule,Theo Samudri D. Rihi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Advocacy and Justice in the Digital Era: Contemporary Challenges and Innovations in Indonesian Legal Services
This editorial introduces the key themes in the Indonesian Journal of Advocacy and Legal Services Volume 8 Issue 1 (2026), titled "Legal Advocacy and Justice Innovation." The ten articles in this edition examine diverse topics including civic education and legal literacy, consumer protection in digital transactions, anti-bullying education, comparative antitrust law, labor rights for home-based workers, data protection in AI chatbots, constitutional election reform, legal aid effectiveness, university legal documentation governance, and state-owned enterprise transformation. Drawing on case studies from Indonesia, Malaysia, Singapore, Uzbekistan, Russia, the Netherlands, the European Union, Japan, Estonia, Australia, the United Kingdom, India, and South Africa, the issue provides comparative insights into evolving legal practices across multiple jurisdictions. The edition highlights persistent challenges such as unequal access to justice, regulatory fragmentation, governance deficits, and the tension between technological innovation and legal protection. Emphasizing interdisciplinary and socio-legal approaches, this edition contributes to advancing advocacy as a tool for legal empowerment, institutional reform, and social justice in Indonesia's rapidly transforming legal landscape.
Copyright (c) 2026 Aprila Niravita, Asmarani Ramli, Windiahsari Windiahsari, Muhammad Adymas Hikal Fikri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Navigating Indonesia’s Economic Crossroads: The Future of State-Owned Enterprises in a Transforming National Economy
Indonesia’s economy is currently positioned at a decisive crossroads, facing the dual pressures of global market volatility and domestic structural transformation. Within this context, state-owned enterprises (BUMN) remain central actors, historically tasked with advancing national development objectives while simultaneously serving as instruments of fiscal stability and political legitimacy. Yet, their future role is increasingly contested as Indonesia seeks to reconcile efficiency, transparency, and competitiveness with broader goals of social equity and sustainable growth. This article critically examines the evolving position of BUMN in Indonesia’s transforming economy by integrating economic performance data, governance reforms, and comparative international perspectives. The analysis highlights a paradox: while BUMN continue to drive infrastructure expansion, energy provision, and financial intermediation, they also generate fiscal vulnerabilities through inefficiency, rent-seeking practices, and governance deficits. Regulatory reforms have sought to modernize corporate structures and enhance accountability, but enforcement remains uneven and institutional fragmentation persists. Drawing on socio-legal and political economy frameworks, the study argues that Indonesia’s economic sustainability depends on reorienting BUMN from state-centric instruments toward engines of innovation, competitiveness, and public value creation. By situating Indonesia’s experience within global debates on state capitalism, corporate governance, and developmental economics, the article contributes to understanding how emerging economies can navigate the tension between market liberalization and state intervention. It emphasizes that the future of BUMN will determine whether Indonesia can transform its current economic crossroads into a pathway toward inclusive, resilient, and globally competitive development. Ultimately, the study underscores that accountability, efficiency, and victim-centered governance are not optional reforms but essential conditions for Indonesia’s long-term economic transformation.
Copyright (c) 2026 Aldehita Purnasanti Maulida, Indah Sri Utari, Yustina Dhian Novita, Abu Bakar Munir (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reforming Legal Documentation and Information Governance: Advancing Transparency and Accountability in University Legal Services
Transparency and accountability are essential for building trustworthy legal services in universities. Universities are expected to provide accessible legal information while managing legal documents in a clear and responsible way, in line with applicable regulations. In this regard, the way legal documentation and information are governed has a significant impact in shaping the quality of university legal services. Using a qualitative socio-legal approach, the research relies on descriptive analysis based on empirical findings. This study addresses research gaps by mapping the current state of legal documentation governance at universities in Indonesia and proposing a model for managing legal documentation and information through a specialized legal repository. The research shows that stronger legal services can be achieved through better integration of legal documentation systems, the development of the Legal Documentation and Information Network, improved human resource capacity, and regular evaluation. These efforts help make legal services more transparent, accountable, and effective. This study makes a substantive contribution to the field of research. First, it presents a systematic mapping of the state of legal document management systems at Indonesian universities, identifying six structural barriers that have not previously been categorized in the academic literature. Second, this study develops a model and strategies for fostering a culture of legal document management at universities. Overall, this study highlights that strengthening legal documentation and information governance is essential for embedding transparency and accountability in university legal services. This requires not only regulatory compliance but also sustained institutional commitment and practical reforms in implementation.
Copyright (c) 2026 Bayangsari Wedhatami, Anhar Dana Putra, Riska Alkadri, Ayup Suran Ningsih, Laga Sugiarto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Constitutional Development and the Role of Democratic Advocacy: The Quo Vadis of General Elections in Indonesia
The implementation of simultaneous national and regional elections in Indonesia in 2019 and 2024 revealed significant constitutional, administrative, and democratic challenges. These included excessive institutional burdens, diminished voter rationality, weakened regional political discourse, and severe humanitarian impacts on election administrators. These conditions culminated in Constitutional Court Decision No. 135/PUU-XXII/2024, which mandates the separation of national and regional elections beginning in 2029. This article critically examines the constitutional direction, democratic implications, and normative risks of this decision, particularly its role as an instrument of constitutional engineering within Indonesia’s presidential system. Employing prescriptive qualitative legal research, the study utilizes doctrinal analysis, comparative constitutional review, and content analysis of legal norms, court decisions, and scholarly literature. The findings indicate that while election separation has the potential to strengthen governability, enhance regional democratic focus, and improve electoral rationality, it simultaneously poses risks of constitutional change by stealth. This could potentially undermine the five-year election principle and democratic legitimacy if not carefully regulated. This research contributes by integrating constitutional law, theories of governability and governmentality, and democratic advocacy into a cohesive analytical framework that moves beyond procedural electoral reform. The study concludes that Constitutional Court Decision No. 135/PUU-XXII/2024 should be treated as a constitutional guideline rather than a substitute for formal amendment. Accordingly, it recommends legislative harmonization of election laws, strengthened civic advocacy, enhanced political education, and cautious institutional restraint to ensure that electoral reform advances substantive democracy without eroding constitutional integrity.
Copyright (c) 2026 Anom Suryo Nindito, Rodiyah Rodiyah, Martitah Martitah, Suhadi Suhadi, Edy Sujendro (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Development of ANTIC (Anti Bullying Cards) as a Medium for Introducing the Characteristics of Bullying in Criminal Act
Bullying in Indonesian schools remains a serious problem because it may involve conduct related to violence, threats, humiliation, defamation, cyberbullying, and social exclusion. At the elementary school level, students often still need concrete learning media to distinguish ordinary conflict or joking from bullying behavior that may carry social and legal consequences. This study aims to design ANTIC (Anti-Bullying Cards) as a card-based educational medium for introducing bullying as conduct with potential criminal law relevance to elementary school students. This research applies a Research and Development (R&D) approach using the ADDIE model, limited to the analysis and design stages. The needs analysis was conducted through behavioral observation, a homeroom teacher questionnaire, and literature review. The ANTIC model consists of 18 art-cartoon cards printed on 400 gsm material, covering threats, physical violence, verbal harassment, cyberbullying, rumors or defamation, and social exclusion. Each card presents visual illustrations, short explanations of social and psychological impacts, and simplified legal meanings related to Indonesian criminal law. The design was validated by three expert validators and one elementary school educator. The validation results showed that ANTIC was highly feasible, with an overall average feasibility score of 84.09%. Validators considered the media suitable for elementary school students, especially because of its visual form, age-appropriate presentation, and potential use in classroom discussion. This study concludes that ANTIC is feasible as a preliminary prototype for early criminal law literacy and preventive legal empowerment in school-based bullying prevention. Further research should test its effectiveness through classroom implementation and evaluation.
Copyright (c) 2026 Agung Aditya, Ariesma Setyarum, Huynh Thanh Tien, Cahya Wulandari, Suhadi Suhadi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Services and the Determination of the Indonesian Standard Industrial Classification for Green Hydrogen Investment in Supporting Sustainable Investment in Indonesia
Indonesia has significant potential for green hydrogen investment, driven by new and renewable energy (NRE) sources such as geothermal, solar, and hydropower, with projected demand reaching 2–5 million tons per year by 2040. This sector is particularly strategic for industrial decarbonization and heavy-duty transportation, with an investment target of US$25.2 billion (Rp395.58 trillion) by 2060. This potential presents opportunities for Indonesia to develop green hydrogen as a future energy pillar derived from renewable energy sources with zero carbon emissions, supporting the decarbonization of the heavy industry and transportation sectors. However, the realization of investment activities is intrinsically linked to licensing mechanisms and regulatory frameworks. In this context, legal certainty and the establishment of the Indonesian Standard Industrial Classification (KBLI) are crucial for facilitating business licensing and providing regulatory clarity for investors. The absence of a specific KBLI code for green hydrogen investment may engender legal uncertainty and administrative barriers that potentially impede investment realization. Therefore, determining a specific KBLI for green hydrogen investment is imperative to ensure legal certainty, strengthen the investment climate, and enhance investor confidence, thereby supporting sustainable investment in Indonesia. Establishing a clear regulatory framework through appropriate KBLI classification will not only provide legal certainty for the substantial capital injected but also create an incentive structure that attracts profit-oriented investments in this sector and enhances its economic viability. Ultimately, green hydrogen investment is not only economically beneficial but also a strategic sector for the advancement of clean, renewable, and environmentally friendly energy in Indonesia.
Copyright (c) 2026 Sang Ayu Putu Rahayu, Rahayu Fery Anitasari, Dina Silvia Puteri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Advocacy for Balanced Protection of Jastip Business Actors
This study examines the legal protection of online personal shopping service (jastip) business actors within Indonesia’s rapidly evolving digital economy, where existing regulations remain largely consumer-oriented and do not adequately address the vulnerabilities faced by business actors. The research aims to analyze the legal structure of jastip agreements and evaluate whether current legal frameworks provide balanced protection for all parties involved. Using a normative juridical method with statutory and conceptual approaches, the study finds that jastip agreements have a hybrid contractual nature, combining elements of mandate, sale, deposit, and service contracts. Nonetheless, such agreements existing beyond the boundaries of civil law categories make legal uncertainty and unduly burdensome business actors, especially in relation to bad faith on behalf of consumers and wrongdoing by third-parties. This research is in line with the discourse by suggesting that law needs to set more proportionally business actors as subjects of protection, these regulations are yet to adequately accommodate and address digital intermediary practices, and therefore urges the need for specific creating adaptive regulation while optimizing electronic contracts as preventive regulatory instruments to secure fairness, legal certainty, and balance risks in jastip transaction.
Jastip; legal protection; business actors; e-commerce.
Copyright (c) 2026 Dian Afrilia, Joni Emirzon, Putu Samawati, Faiq Faiq (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Bridging the Justice Gap: A Study on the Challenges and Solutions for Legal Aid in Indonesia
Legal aid represents an essential tool for ensuring access to justice for all citizens, particularly the impoverished who are frequently marginalised by prohibitive costs and limited legal knowledge. Under Law No. 16 of 2011 on Legal Aid, the Indonesian state formally guarantees the right to free legal aid for the poor. In practice, however, the implementation of legal aid faces various challenges. These include uneven dissemination of information, budget limitations, and a reimbursement-based funding system that obstructs smooth operations. Furthermore, administrative difficulties continue to act as barrier to those seeking legal services. This study adopts a socio-legal approach, combining two types of research: doctrinal legal research to examine the normative aspects of the law, and empirical social research focused on data collection through interviews and field observations related to social phenomena in the provision of legal aid. The method employs descriptive analysis to scrutinise and interpret the collected data, as well as identify factors affecting the effectiveness of legal aid implementation in Indonesia. Based on research in Pontianak and Bogor, this study identifies that the main obstacles to providing legal aid include the poor understanding of their rights among the poor and the unequal distribution of legal aid in remote areas. Consequently, this study proposes several strategies interventions to improve the effectiveness of legal aid – such as strengthening broader and more systematic outreach, improving a more flexible funding system, enhancing the capacity of legal aid institutions, and utilising information technology to expand public access to legal aid services.
Copyright (c) 2026 Suteki Suteki, Abdul Jalil, Aga Natalis, Evis Garunja (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Consent Paradox: Evaluating the Validity of Sensitive Data Collection by AI Chatbots
This paper explores the legal friction between user consent and data collection practices, investigating whether the current Indonesian legal landscape provides sufficient safeguards for AI chatbot users. It employs a comparative legal analysis to evaluate the regulatory alignment between the Indonesian PDP Law and the EU GDPR, specifically regarding the protection of sensitive data. The analysis reveals that while the two regulations share foundational data protection principles, the PDP Law lacks necessary specificity regarding the definition and processing of sensitive data, risk assessment mechanisms, and the authority of supervisory bodies. The first analysis elucidates how these regulatory gaps hinder the PDP Law’s ability to effectively govern AI-based environments and establish accountability for data controllers and processors. Subsequently, the second analysis proposes necessary reforms, including more robust governance mechanisms, strengthened administrative oversight, and industry-specific guidelines to ensure uniform enforcement. This paper concludes that the PDP Law requires substantive refinement to remain effective and responsive to the rapid evolution of AI and automated systems.
Copyright (c) 2026 Marianne Charleen Sabini, Fajar Sugianto, Kentarou Kaneda , Vincensia EP Sari, Jerry Shalmont (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
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
Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
Strengthening Legal Literacy and Democratic Citizenship through an Advocacy-Based Approach in Civic Education
This study aims to analyze the strengthening of synergy between legal literacy and democracy through the integration of legal advocacy and civic education. This study is grounded in the weak legal awareness of citizens, the lack of critical participation in public affairs, and the limited comprehension of constitutional rights and obligations among the younger generation. This research applied a descriptive qualitative approach through literature studies, normative analysis, and case studies. The data was obtained from literature, interviews, and participatory observations. Thematic analysis was conducted to examine the synergy of legal advocacy and civic education and to explore its effects on legal literacy, civic consciousness, and democratic participation within schools and the wider community. The findings indicated that legal advocacy serves not only as a mechanism for right protection, but also as a pedagogical medium for internalizing the values of democracy, justice, and active citizen participation. The integration of legal advocacy in Civic Education can strengthen civic knowledge (legal and civic knowledge), civic skills (critical thinking, advocacy, and problem solving), and civic disposition (democratic attitudes, social responsibility, and concern for justice). In conclusion, legal advocacy–based civic education can foster citizens who, beyond understanding their rights and obligations, also demonstrate the courage and capacity to advance public interests within a democratic framework.
Copyright (c) 2026 Sukron Mazid, Giri Harto Wiratomo, Hartutik Hartutik, Novitasari Novitasari, Atsani Wulansari, Eem Munawaroh (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Towards a Structured Legal Framework for Protecting Home Worker’s Rights in Indonesia
Home-based workers constitute a segment of the labor force who carry out their work from their residences, typically under informal employment arrangements, which often results in their exclusion from adequate legal protections. The definitional distinctions between home- based workers and other categories of workers, coupled with their significant numbers, underscore the urgency of recognizing and ensuring legal protections for this group. This study aims to examine the risks and challenges faced by home-based workers within industrial contexts and to enhance understanding of the labor rights that are often denied to them. This study uses a normative juridical method, with statutory and conceptual approach, based on a literature review of primary, secondary, and tertiary legal materials. The findings reveal that home-based workers encounter a range of issues, including the absence of written employment contracts, substandard wages, excessive working hours, lack of social security coverage, and constraints on forming labor unions. Additionally, exploitative practices such as the involvement of child labor and the imposition of production costs on workers are prevalent. Addressing these challenges requires strengthening legal awareness and ensuring that home-based workers are afforded the rights and protections to which they are entitled.
Copyright (c) 2026 Ratih Damayanti, Rodiyah Rodiyah, Muhammad Azil Maskur, Putri Balqis Nuril Hakim, Quinny Azalia Putri, Ahmad Gelora Mahardika (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Antitrust Law and Legal Advocacy: Perspective on Promoting Fair Competition in Indonesia, Uzbekistan, and Russia
Antitrust law plays a critical role in ensuring fair competition, yet its effectiveness varies across different legal and institutional contexts. This paper examines the comparative regulation and implementation of antitrust law in Indonesia, Uzbekistan, and Russia, with particular attention to the role of legal advocacy and legal services in enhancing compliance and enforcement. The objective is to analyze how these three countries, with distinct political and economic systems, construct and operationalize their competition law frameworks to promote healthy market competition. Employing a normative legal research method with a comparative approach, the study relies on statutory texts, institutional documents, case law, and scholarly literature. Data were collected through library research and analyzed qualitatively using descriptive-comparative analysis. The findings reveal that Indonesia has developed a comprehensive legal framework through Law No. 5/1999, yet its enforcement remains inconsistent due to institutional limitations and judicial resistance. Uzbekistan has adopted modern competition principles in its 2012 Competition Law, but enforcement is hindered by state dominance in the economy and limited legal capacity. Russia, in contrast, possesses a mature regulatory framework and a powerful Federal Antimonopoly Service (FAS), though enforcement often reflects political considerations. Across all three contexts, legal advocacy and professional legal services significantly influence compliance by educating businesses, guiding merger notifications, and shaping litigation strategies. This study contributes to comparative competition law scholarship by highlighting the interplay between regulation, enforcement, and advocacy in shaping effective competition regimes. The conclusion underscores that building effective antitrust law requires not only robust statutes but also active advocacy and accessible legal services. Recommendations include strengthening compliance mechanisms in Indonesia through KPPU’s DPKPU guidelines, enhancing legal education in Uzbekistan to foster a bottom-up competition culture, and encouraging FAS Russia to sustain transparency in digital markets.
Copyright (c) 2026 Dwi Edi Wibowo, Fradhana Putra Disantara, Bazarova Dildora Baxadirovna, Ildar Begishev (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
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.
Copyright (c) 2024 https://creativecommons.org/licenses/by-nc-sa/4.0
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.