Journal of Indonesian Legal Studies is a peer-reviewed journal published biannually (May and November) by the Faculty of Law, Universitas Negeri Semarang. JILS published both printed and online versions (Print ISSN 2548-1584, Online ISSN 2548-1592). JILS is intended to be the journal for publishing the results of research on law, both empirical and normative studies, especially in contemporary legal issues. The various topics, but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.
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. Author(s) retain copyrights under the license of Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0).
Constitutional Regression through Jurisprudential Repetition in the Indonesian Constitutional Court’s Recall Doctrine
This study examines the implications of Constitutional Court Decision No. 199/PUU-XXIII/2025, which affirms the constitutionality of the interim replacement (Pergantian Antarwaktu/PAW) of members of the House of Representatives (DPR) at the initiative of political parties. It focuses on whether the Court’s interpretation of Article 22E paragraph (3) of UUD NRI 1945 is consistent with the principle of popular sovereignty and whether party-initiated recall remains constitutionally justified within an open-list proportional electoral system based on candidates’ highest vote totals. This study employs a legal research methodology using statutory, conceptual, and case approaches, examining the UUD NRI 1945, Law Number 17 of 2014, Law Number 2 of 2011, Law Number 7 of 2017, and relevant Constitutional Court decisions. The study argues that Decision No. 199/PUU-XXIII/2025 reinforces party sovereignty by relying on and repeating the reasoning of Decision No. 38/PUU-VIII/2010 without adequately rethinking the constitutional implications of the contemporary electoral system. Such jurisprudential repetition shifts control over the representative mandate from voters to political parties, weakens vertical accountability to constituents, and undermines the legitimacy of individual votes. The decision therefore risks transforming Indonesian representative democracy from a people-centered model into a party-centered electoral model, in which popular sovereignty is formally preserved but substantively weakened
Copyright (c) 2026 Sultoni Fikri, I Gusti Ayu Ketut Rachmi Handayani, Agus Riwanto, Imranullah Akhtar (Author) https://creativecommons.org/licenses/by-sa/4.0
Is Indonesia Ready? A Legal and Policy Interrogation of Outcome-Based Academic Services for Accelerated Students with Disabilities
This study critically examines Indonesia’s readiness to implement outcome-based education (OBE) in academic services for accelerated students with disabilities, situating the analysis within national legal frameworks and the global commitment to the Sustainable Development Goals (SDGs), particularly SDG 4 on inclusive and equitable quality education. Indonesia has formally recognized the right to inclusive education through key legal instruments, including Law No. 8 of 2016 on Persons with Disabilities and Law No. 12 of 2012 on Higher Education, which mandate accessibility and non-discrimination in educational provision. However, a persistent gap remains between these normative commitments and their practical implementation in higher education institutions. Employing a normative juridical method combined with conceptual and policy analysis, this research evaluates the extent to which existing regulations support the operationalization of OBE in inclusive academic services. The findings reveal that although Indonesian legal frameworks provide a general mandate for disability inclusion, they lack specific and enforceable standards for integrating OBE principles—such as measurable learning outcomes, adaptive assessment systems, and institutional accountability mechanisms—particularly within acceleration programs. This regulatory ambiguity contributes to fragmented implementation and limits the achievement of equitable educational outcomes, thereby constraining Indonesia’s progress toward SDG 4 targets. This article argues that Indonesia is not yet fully prepared to align its higher education system with both OBE principles and SDG commitments without substantial legal and policy reform. Strengthening regulatory coherence, embedding disability-sensitive outcome indicators, and enhancing institutional compliance mechanisms are essential to bridging the gap between rights and results. This study contributes to legal scholarship by linking national regulatory frameworks with global development agendas, offering pathways toward a more inclusive and globally competitive higher education system.
Copyright (c) 2026 Rodiyah Rodiyah, Waspiah Waspiah, Bayangsari Wedhatami, Runjati Runjati (Author) https://creativecommons.org/licenses/by-sa/4.0
From Monopoly to Machine-opoly: Rethinking Market Regulations for Autonomous AI Agents
The paper examines the effectiveness and relevance of business competition law in regulating market dynamics in the AI era, and formulates an adaptive regulatory framework that aligns technological developments with the principles of justice and accountability. The method used is a normative-legal-research method with a qualitative approach. The paper's findings are that in the digital era driven by AI, the paradigm of business competition is undergoing a fundamental transformation that demands a profound reflection on existing legal principles. The phenomenon of machine-opoly, monopolies generated by autonomous AI agents, challenges traditional concepts of fair competition. This issue underscores the tension between technological innovation as a force for value creation and the need for fairness and balance in the market. From a theoretical perspective, AI presents non-human actors running complex algorithms, which opens up space for collusion and market domination practices that are difficult to detect and control by conventional regulation. The emergence of machine-opoly transformed traditional monopolies into dominance based on algorithms, data, and autonomous artificial intelligence. Through the TFEU and AI Act, the EU has integrated transparency and accountability into competition law, followed by the US, the UK, Australia, and China with similar adaptive measures. Indonesia, through Law No. 5 of 1999, still faces limitations in regulating algorithmic behavior. Therefore, regulatory reforms that emphasize algorithmic transparency and supervisory capacity are essential to maintain the fairness and innovation of digital markets.
Copyright (c) 2026 Anna Maria Tri Anggraini, Ahmad Sabirin, Jimi Rambo Arranchado (Author) https://creativecommons.org/licenses/by-sa/4.0
Para-Diplomacy in the Protection of Indonesian Migrant Workers A Study on the Policy of East Java Province
From 2019 to 2024, East Java remained Indonesia’s largest contributor of Indonesian Migrant Workers (PMI) and received the Indonesian Migrant Worker Award for six consecutive years. Despite this achievement, PMI continue to face human trafficking, violence, labor rights violations, and digital scam exploitation. These challenges are compounded by budget constraints and overlapping responsibilities between central and regional governments. This study examines the role of the East Java Provincial Government in PMI placement and protection through the perspectives of para-diplomacy and multi-level governance. Using a qualitative approach, data were collected through in-depth interviews and document analysis, emphasizing collaboration among government institutions, non-state actors, diaspora communities, and civil society. The findings show that effective migrant worker protection depends on multi-level and multi-actor collaboration. Triangulation involving political actors, government agencies, diaspora organizations, and NGOs reveals a persistent gap between formal regulations, including Law No. 18/2017 and Local Regulation No. 2/2022, and their implementation. Nevertheless, several good practices have emerged, such as integrated one-stop services, helpdesks, mobile information units, Village Migration Regulations, and Productive Migrant Villages. Community-based coordination has also strengthened legal advocacy, repatriation, and migration literacy. Based on these findings, the study proposes a Hybrid Community-Based Protection System that integrates state mechanisms with community and diaspora networks through a bottom-up approach. The research contributes to para-diplomacy and legal pluralism theories by highlighting non-state actors as key agents in migration literacy, legal protection, and socio-economic empowerment, while offering practical recommendations for regional policy innovation, cross-sector coordination, and digitalized migrant worker protection systems.
Copyright (c) 2026 Budi Raharjo, Arie Fitria, Vesela Radovic, Adibah Sayyidati, Himawan Estu Bagijo (Author) https://creativecommons.org/licenses/by-sa/4.0
Cheap Justice or Judicial Chaos? The Regulatory Crisis of AI Robot Lawyers in Indonesia
Artificial intelligence (AI) technology is advancing rapidly, and it has a significant impact on various disciplines, including the legal profession. In the United States, AI has already been given a role in legal representation wherein the AI model known as the Robot Lawyer, handled cases regarding two traffic violations 2023. From thereon, it has become critical to examine the extent of AI Robot Lawyer’s role in the digital legal revolution, as well as the related opportunities and challenges within the Indonesian legal system. This study uses a normative legal research method based on a literature review. Our results show that defendants can use Robot Lawyers as legal advisors by utilizing the ‘DoNotPay’ app to listen to arguments before the court, in real time and then be informed on what to say through earphones. The positive impacts of using Robot Lawyers include, among others, the convenience of defendants when facing legal charges and the cost factor which is relatively low. However, judges should be cautious when using AI in court because parties without human legal representation are unlikely to be able to aptly comprehend the arguments and claims made by a Robot Lawyer. In Indonesia, AI can support legal problem-solving but cannot replace lawyers in court. If Robot Lawyers are to be implemented, a strong legal foundation is needed. The regulations of the related court procedures must be reformed and clear guidelines must be provided to safeguard the rights and interest of the defendants who are relying on Robot Lawyers.
Copyright (c) 2026 Syarifah Lisa Andriati, Inneke Kiki Rizki, Wan Nur Addibah Binti Adnan (Author) https://creativecommons.org/licenses/by-sa/4.0
Normative Examination of the Mandatory Public Housing Savings Scheme for Self-Employed Workers in Relation to Consumer Protection and the Constitution
The Public Housing Savings Law (UU Tapera) requires self-employed workers earning at least the minimum wage to participate as Tapera members, even though their income is not connected to any employer. This obligation stands in contrast to the Consumer Protection Law (UUPK), which ensures that consumers have the right to freely select goods and/or services based on their individual preferences. As Tapera consumers, self-employed workers should therefore retain the freedom to determine the financing model and capital-accumulation scheme they prefer for obtaining residential housing. Additionally, the 1945 Constitution of the Republic of Indonesia (UUD 1945) guarantees every individual’s right to adequate housing. This article examines the compatibility of Article 7 paragraph (1) of the Public Housing Savings Law with Article 4 letter (b) of the Consumer Protection Law and Article 28H paragraph (1) of the 1945 Constitution. Using a normative juridical research method, the study analyzes primary, secondary, and tertiary legal materials on Tapera for self-employed workers from the perspectives of consumer protection and constitutional law. These materials are assessed to formulate scholarly insights presented in a constructive and argumentative manner. The study concludes that Article 7 paragraph (1) of the Public Housing Savings Law is inconsistent with the Consumer Protection Law and the constitutional guarantee of adequate housing. Accordingly, the article recommends clearly distinguishing the terms “workers” and “self-employed workers” in the law and regulating Tapera participation for self-employed workers on a voluntary basis.
Copyright (c) 2026 Zulham, Noor Azizah (Author) https://creativecommons.org/licenses/by-sa/4.0
Digital Challenge, Analogue Mind-set: Assessing Indonesia’s Electronic Criminal Evidence Framework
This article examines the treatment of electronic evidence in Indonesian criminal proceedings under the EIT Act and the new KUHAP. It argues that the new KUHAP has not succeeded in establishing coherent legal architecture for electronic evidence. Instead, the framework remains fragmented, under-specified, and anchored in an inherited analogue evidentiary mind-set. This is unsatisfactory because it encourages formalistic reliance on printed outputs, leaves the collection, authentication, handling, preservation, and evaluation of electronic evidence inadequately governed, and generates uncertainty for investigators, prosecutors, and judges. The article identifies the principal doctrinal and institutional defects in the current framework and assesses their implications for truth-seeking, procedural fairness, and the reliability of criminal adjudication. It further evaluates the emerging reliance on open-source electronic evidence and argues that the central weakness of the Indonesian approach lies not merely in legislative incompleteness, but in the absence of a principled evidentiary governance model for digital proof. Its principal contribution is to show that ISO standards can supply that missing framework by structuring the governance, handling, and assessment of electronic evidence and by correcting the mistaken assumption that digital proof can be accommodated within essentially analogue evidentiary categories.
Copyright (c) 2026 Anton Hendrik Samudra, Subhajit Basu, Cristina Saenz Perez (Author) https://creativecommons.org/licenses/by-sa/4.0
Integration of Living Law as an Optimization of Diversion in the Juvenile Justice System in Indonesia
The implementation of diversion in the Juvenile Criminal Justice System in Indonesia still faces various obstacles that result in less than optimal implementation. These obstacles include limited human resources with specific competencies in the juvenile criminal justice system, weak coordination between law enforcement officials, limited supporting facilities and infrastructure, and low legal literacy among the public, which cumulatively create a gap between the normative objectives of the juvenile criminal justice system based on the principles of restorative justice and the best interests of the child and the actual conditions in the field. This study aims to comprehensively analyze the implementation of diversion, identify emerging obstacles, and formulate an ideal model for implementing diversion that aligns with the values of living law in society by comparing the living laws of the Balinese, Baduy, Dayak, and Nias communities. The method used combines a normative juridical approach, through a review of legislation, legal doctrine, and relevant literature, with empirical studies conducted through quantitative and qualitative data collection, case studies, interviews, and Focus Group Discussions (FGDs) with law enforcement officials, academics, and child protection practitioners. The results of the study indicate that the success rate of diversion in the last four years has tended to fluctuate, with an increase in the number of cases directed to diversion, but not always accompanied by an improvement in the quality of resolution. The identified barriers are structural, cultural, and technical, which interact with each other and influence the effectiveness of implementation. In addition, the potential for integrating customary legal values as a means of strengthening social legitimacy and increasing compliance with diversion agreements was discovered.
Copyright (c) 2026 Beniharmoni Harefa, Kayus K Lewoleba, Zico Junius Fernando (Author) https://creativecommons.org/licenses/by-sa/4.0
Sustainability of Slum-Free Outcomes: Assessing Legal Durability and Administrative Capacity in Decentralized Central Java
The elimination of all slums in Indonesia was specified in the country's National Development Plan for 2015-2019. This program sought to realize the UN-HABITAT City Without Slums (CWS) goal within the framework of the Millennium Development Goals (MDGs). In accordance with the objective of the CWS, this case study focuses on Central Java, one of Indonesia's decentralized governments with a significant slums issue. This article argues that implementing CWS (‘Kota Tanpa Kumuh’-KOTAKU) under decentralized government parallels the nation's early slum eradication initiatives, which primarily focused on the physical program and lacked the difficulties associated with slums. The partial success of the KOTAKU program is attributable to the limited government initiatives in slums. In this case, the local regulation (Peraturan Daerah, Perda) and the slums budget are the critical factors limiting the local government intervention. With library research method, this research proposes incorporating private enterprises, non-governmental organizations, and universities into slum improvement programs.
Copyright (c) 2026 Martitah Martitah, Saru Arifin, Natal Kristiyono, Tegar Islami Putra, Nizam Alfarisi (Author) https://creativecommons.org/licenses/by-sa/4.0
Foreign Investment and the Battle for Fair Competition: Assessing the Gaps in Indonesia’s Mineral Mining Regulations
Foreign investment in Indonesia’s mineral and coal mining sector has surged significantly, driven by growing global demand and the country’s strategic resource position, particularly amid the energy transition. However, this influx exposes two critical challenges. First, the investment regulatory framework remains fragmented and inconsistent, creating loopholes that enable foreign investors to dominate strategic national resources without sufficient safeguards for domestic stakeholders. Second, weak enforcement of competition law fosters unfair business practices, including cartel formation, abuse of dominant positions, collusive tendering, and regulatory manipulation through undue influence on public officials. These practices undermine fair competition, harm local enterprises, reduce state revenue, and threaten environmental sustainability. This study critically examines the gaps in Indonesia’s investment and competition legal frameworks and their interaction within the mining sector. Using a normative and comparative legal analysis, it reveals how governance weaknesses perpetuate imbalances in the business relationships between foreign and domestic actors. The principal contribution lies in proposing a legal policy reform agenda aimed at balancing the imperative of attracting foreign capital with ensuring equitable competition and responsible resource management. Recommendations emphasize regulatory harmonization, institutional strengthening, and the implementation of effective sanctions to foster a transparent, fair, and sustainable investment climate. This research is timely given Indonesia’s pivotal role in the global mineral supply chain and its commitment to sustainable development.
Copyright (c) 2026 Agus Lanini, Sitti Fatimah Maddusila, Izan Mateo Cassandro (Author) https://creativecommons.org/licenses/by-sa/4.0
Halal Certification: The Gap between Administrative Compliance and Consumer Protection
Halal certification in Indonesia is regulated under Law No. 33 of 2014 on Halal Product Guarantee (Jaminan Produk Halal, JPH). Initially voluntary, certification is now mandatory for all products circulated, marketed, and traded in Indonesia. This study analyzes Indonesia's halal certification policy from a consumer protection law perspective. Although current policies emphasize increasing the number of halal-certified businesses, oversight of halal production through the self-declaration mechanism relies largely on the honesty of business actors, creating risks of Sharia compliance violations and undermining consumers' spiritual rights. The research employs a normative-empirical legal approach. Secondary data were obtained from the JPH Law, its implementing regulations, and the Consumer Protection Law, while primary data were collected through field research involving business actors. The findings show that despite mandatory certification requirements, compliance remains low and law enforcement is weak. The study contributes by examining legal harmonization and enforcement effectiveness in safeguarding Muslim consumers' right to halal products. From a consumer protection perspective, the current halal certification regime does not fully meet the standards required under the Consumer Protection Law. The self-declaration mechanism weakens consumer protection by reducing regulatory oversight and prioritizing ease of doing business over rigorous certification. Moreover, the absence of strict liability provisions and compensation for immaterial or spiritual losses indicates that halal regulation is still treated primarily as an economic instrument rather than a mechanism for protecting fundamental consumer rights. At the UMKM level, implementation often reflects pseudo-compliance, with halal labels used mainly as marketing tools rather than evidence of genuine Sharia compliance.
Copyright (c) 2026 Nurul Fibrianti, R. Benny Riyanto, Ubaedul Mustofa, Shopia Clara Beauty Kusumawardhani, Anik Novita (Author) https://creativecommons.org/licenses/by-sa/4.0
Police, Institutional Communication, and Social Media Pressure: A Socio-Legal Study of Institutional Responses to Viral Cases in the Digital Age
This study investigates how the Indonesian National Police (Polri) constructs its institutional communication in response to social media pressure during viral legal controversies, and how such responses affect police legitimacy in the digital age. Anchored in a socio-legal framework and employing Fairclough’s Critical Discourse Analysis, the research focuses on a high-profile criminal case that triggered national outrage and sustained digital activism, without explicitly naming the case to preserve analytical generality. The analysis examines the use of formal diction, labeling strategies, language modality, and delegitimization of public criticism within Polri’s official communications. Data sources include press statements, social media content by the Police Public Relations Division, official remarks quoted in mainstream media, and related institutional documents. Findings reveal that viral public discourse exerts significant influence on institutional actions—such as forming special investigative teams and dismissing senior officials—highlighting the role of digital pressure in prompting accountability. However, the study also uncovers the temporary and reactive nature of these responses, particularly when public attention fades. By connecting institutional communication strategies with public expectations in digital spaces, this study argues that the legitimacy of law enforcement is increasingly shaped by the ability to engage transparently and consistently with the public—not merely by legal authority. Viral cases thus function as informal mechanisms of oversight. This research contributes to socio-legal scholarship by integrating insights from democratic policing, digital activism, and public accountability, offering a conceptual lens to understand the dynamic interplay between state institutions and digital society in contemporary Indonesia.
Copyright (c) 2026 Idris Sandiya, Solikhah Yuliatiningtyas, A. Hanief Saha Ghafur (Author) https://creativecommons.org/licenses/by-sa/4.0
Restricting Public Officials’ Authority to Combat Corruption: The Role of Term Limits and Political Sanctions in Indonesia
Corruption among public officials continues to pose a serious threat to the integrity and sustainability of democratic governance in Indonesia. This study examines the restriction of public officials’ authority, particularly through political term limits and the revocation of political rights for convicted officials, as a preventive strategy against corruption. Employing a normative legal research method and document analysis, the study analyzes Indonesian laws, policies, and case data from regional heads between 2004 and 2019. The findings reveal recurring patterns of power abuse and highlight the social and institutional consequences of corruption. The study also identifies challenges in implementing anti-corruption policies, emphasizing the need for systemic reforms to enhance transparency and accountability. The results suggest that political term limits can reduce opportunities for previously corrupt individuals to regain office and help restore public confidence in governmental institutions. The study concludes that effectively combating corruption requires coordinated efforts among government bodies, civil society, and law enforcement agencies to implement policies that reinforce integrity and institutional accountability.
Copyright (c) 2025 Siti Fatimah, Martha Catherine Beck , Hüseyin Emin Sert, Muhammad Adib Alfarisi (Author) https://creativecommons.org/licenses/by-sa/4.0
Agrarian Reforms vis-à-vis Constitutionalism in India: A Comparative Analysis with Indonesia
This paper presents a comparative study on agrarian reforms in India and Indonesia, focusing on their constitutional foundations, legislative mechanisms, and judicial approaches. Agrarian reform has been central to the socio-economic transformation in both countries, where land ownership and rural livelihoods remain deeply significant. The main problem addressed is how these democracies have constitutionally managed land redistribution while balancing property rights and social justice. The study applies a doctrinal and comparative legal method, examining key constitutional provisions, legislative instruments, and judicial decisions. In India, reforms were initiated post-independence through the abolition of the zamindari system, later reinforced by constitutional amendments and the Ninth Schedule, evolving into broader property rights under Article 300A. Indonesia, by contrast, anchors its land reform agenda in the Basic Agrarian Law of 1960, which derives legitimacy from the 1945 Constitution and the state ideology of Pancasila, promoting social justice and state control over land. Findings suggest that India relies more on judicial interpretation to legitimize reform within its constitutional structure, while Indonesia adopts executive-led reforms grounded in centralized legal authority. The paper concludes that despite different institutional approaches, both nations illustrate how constitutional frameworks can be adapted to facilitate distributive justice through agrarian reform.
Copyright (c) 2025 Varun Chhachhar, Aprila Niravita, Karishma Verma, Swikar Sankrit (Author) https://creativecommons.org/licenses/by-sa/4.0
Balancing Pharmaceutical Innovation, Protection for Local Industries, and Potential Evergreening: An Analysis of Indonesia's Patent Law Amendments
Recent changes to the Patent Law in Indonesia have sparked discussion regarding efforts to balance pharmaceutical innovation, protection of local industries, and the potential for evergreening practices. This study is a doctrinal research that uses a multi-approach analysis to examine the interaction between these variables in the context of Patent Law Number 65 of 2024. The study draws on literature reviews, theories and concepts related to drug patents, the pharmaceutical industry, the right to affordable medicine, and the evergreening. The research also includes an analysis of relevant laws and regulations, including the Patent Law before and after the amendment, to identify the changes and the underlying legal politics. The results show that the removal of Article 4 (f) of the Patent Law, which previously excluded certain inventions as inventions, may open up opportunities for the evergreening. However, the government argues that the deletion aims to protect local pharmaceutical companies and broaden the definition of invention. This study critically examines these claims, taking into account the readiness of the local pharmaceutical industry to compete with multinational corporations. In addition, there is a need for a strict control mechanism to ensure the validity of the invention in the patent as well as an objective evaluation of the inventive step and its therapeutic value. This study concludes that without adequate planning, the extension of patent protection to minor modifications may prolong commercial dominance of drugs, open opportunities for evergreening practices and ultimately hinder public access to essential and affordable drugs.
Copyright (c) 2025 Kholis Roisah, Rahayu Rahayu, Muhamad Nafi Uz Zaman, Zinatul Ashiqin Zainol, Mohd Zamre Mohd Zahir (Author) https://creativecommons.org/licenses/by-sa/4.0
Who Bears the Risk? Mapping the Legal Liability of Artificial Intelligence Providers in Indonesia’s Regulatory Landscape
The accelerating advancement of Artificial Intelligence (AI) presents complex legal concerns in Indonesia, particularly in determining liability for damages arising from autonomous systems characterized by algorithmic opacity. Existing legal frameworks, including the Copyright Law, the Electronic Information and Transactions Law, and the Government Regulation on Electronic System Providers, have yet to adequately capture the legal implications of AI-based decision-making processes. This study employs a normative legal approach to examine Indonesia’s regulatory landscape and argues that AI cannot be acknowledged as a legal entity, thereby placing primary responsibility on AI system providers. While civil liability may be grounded in Articles 1365–1367 of the Civil Code, fault-based frameworks encounter significant challenges because of AI’s “black box” characteristics. Accordingly, this article proposes a shift toward risk-based approaches, including strict liability, shifting of the burden of proof, and mandatory transparency obligations. Furthermore, it emphasizes the need to transform ethical principles, as reflected in the Ministerial Circular on AI Ethics, into enforceable legal norms. A comprehensive regulatory framework integrating accountability, human rights, and legal certainty is therefore essential for responsible AI governance in Indonesia.
Artificial Intelligence, Legal Liability, AI Ethics, Electronic System
Copyright (c) 2026 Ninik Zakiyah, Budi Santoso, Muh. Afif Mahfud, Edmon Makarim, Try Hardyanthi (Author) https://creativecommons.org/licenses/by-sa/4.0
The Constitutionality of E-Voting in the Transformation of Digital Democracy: A Normative Analysis and Implications for Electoral Legitimacy
Digital technology has changed many parts of life, including how democracies and elections work. Electronic voting, or E-Voting, is a new idea that could make elections better and more open for everyone. But Indonesia still has big problems with putting it into practice. These problems involve legal issues, technical difficulties, and whether people trust elections that use technology. This study looks at if E-Voting fits Indonesia's constitution, what the main problems are, and what other countries do that Indonesia could use. This research uses legal analysis, comparing different systems, and looking at ideas about democratic rules. The results show that Indonesia does not have clear rules for digital elections. This causes problems with legal certainty and could lead to arguments about election results. Also, online security risks and differences in how well people understand technology are important things that could affect how well E-Voting works. The study also found that countries like Estonia, Switzerland, and Brazil have used E-Voting well. They did this by using strong digital checks, strict rules, and independent groups to watch over the process. This study suggests that E-Voting could make Indonesia's democracy more modern. However, it must be put in place slowly, with good rules, and with programs to teach people about digital technology. So, changing laws, making online security better, and teaching voters are important steps. These steps will help make sure that changing to digital elections supports democratic ideas, fair elections, and the power of the people.
Copyright (c) 2025 Firdaus Arifin, Ihsanul Maarif, Cece Suryana, Fikri Chandra Permana, Anastasia Wahyu Murbani (Author) https://creativecommons.org/licenses/by-sa/4.0
Consensual Renegotiation of Contracts in Changed Circumstances: A Comparison of Qatari, Indonesian and Saudi Civil Laws
This paper tackles the issue of contract renegotiation due to changed circumstances that render performance of the obligor’s duties excessively onerous. Whereas Article 171(2) of the 2004 Qatar Civil Law (QCL) only acknowledges a judicial apparatus to restore contract equilibrium in changed circumstances (adaptation of contract by court), Article 97 of the 2023 Saudi Civil Transactions Law (SCTL) not only recognizes a judicial solution but also a consensual one (contract renegotiation), while the Indonesian Civil Code (ICC) fails to directly regulate hardship or consensual renegotiation. The main objective of this paper is to show the advantages of consensual renegotiation compared to adaptation of contract by court. The paper adopts descriptive, analytical, and comparative approaches to understand the reasons behind this consensual mechanism in SCTL (and QCL) and how it better serves the contracting parties’ interests. The Qatari/Saudi comparison serves as a basis for a proposed reform of the ICC. The conclusion states some important findings and recommendations. To keep the contract on solid footing and to better salvage the parties’ interests, some changes to the Qatari, Indonesian, and Saudi civil laws are proposed. The paper’s most significant recommendation is that Article QCL and ICC should expressly adopt the consensual renegotiation apparatus. Additionally, both Article 171(2) QCL and Article 97 SCTL should directly require the obligor to notify the obligee of the changed circumstances and should require the obligee to mitigate the obligor’s loss resulting from the changed circumstances. Finally, the ICC should formally adopt hardship and contract renegotiation by the parties.
Copyright (c) 2025 Amin Dawwas, Mahmoud Dodeen (Author) https://creativecommons.org/licenses/by-sa/4.0
ChatGPT and Legal Education in Indonesia: Examining Readiness and Implications
ChatGPT has demonstrated significant development and found practical applications in legal education. Due to its usability, accessibility, and rapid development, ChatGPT is expected to enhance students' and lecturers’ experience, improve legal research, personalize learning, and offer real-time feedback and support to students. Some countries have even imposed restrictions on the use of ChatGPT. In Indonesia, ChatGPT has gained significant traction, making it crucial to examine its implications for legal education. This empirical study found that despite optimistic projections in scholarly literature, Indonesian law schools remain skeptical about ChatGPT’s role in legal studies and teaching. In terms of readiness, while ChatGPT is actively used in legal research, case and law analysis, legal writing, and examinations, its integration into legal education lacks institutional policies, curriculum adjustments, and sufficient digital literacy programs. While lecturers have experimented with AI more frequently, students are its primary users. The implications of ChatGPT’s use include concerns over plagiarism, academic integrity, and its potential to hinder critical thinking, alongside its limitations in handling complex legal reasoning. However, ChatGPT has already reshaped legal education, influencing students’ approaches to legal research, writing, and assessments, as well as lecturers’ methods of preparing teaching materials and evaluations. These findings highlight the need for law schools to establish AI governance frameworks, modify assessment methods, and enhance digital literacy to ensure ChatGPT’s responsible and effective integration into legal education.
Copyright (c) 2025 Haekal Al Asyari, Hanif Abdul Halim, Rachelle Amadea Roselynn Nikita Tan (Author) https://creativecommons.org/licenses/by-sa/4.0
From Regulation to Realization: Legal Analysis of Electric Vehicle Policy in Indonesia, India, and Thailand
National electric cars play a strategic role in achieving the Sustainable Development Goals. Challenges in developing nationally electric-based cars include infrastructure, regulations, and the readiness of the domestic industry to adopt new technologies. This article examines the challenges and opportunities within Indonesian law to develop a national electric car industry. This article is a legal study with a comparative approach focusing on India, Thailand, and Malaysia to identify best practices in their national electric car policy frameworks. The study reveals that Presidential Regulation No. 79 of 2023 on Electric Motor Vehicles is a stage to support sustainable development and a commitment to international environmental law such as the Paris Agreement. Although the Domestic Component Level policy has faced criticism in the context of global trade, this approach can be justified under international law if it aims at environmental protection, is proportionate, and is not discriminatory. This aligns with the WTO jurisprudence in the 2012 China-Raw Materials case and the recognition that Article XX of GATT allows countries to implement environmentally friendly policies. Thus, domestic component level protection is not protectionism but a part of a
Copyright (c) 2025 Hanif Nur Widhiyanti, Ipop Abdi Prabowo, Safinaz Mohd. Hussein (Author) https://creativecommons.org/licenses/by-sa/4.0
Regulating Fintech in the CBDC Era: Addressing Competitive Fragility and Preserving State-Owned Banking Stability
This study investigates the possible consequences of Indonesia's Digital Rupiah on the future landscape of banks and FinTech companies. Our findings indicate that the advent of Central Bank Digital Currencies (CBDCs) may create an unlevel playing field between banks and FinTech firms. With the potential for intermediaries, including banks and non-bank institutions, to gain wholesale access to the Digital Rupiah, heightened competition could ensue, posing a risk to the stability of commercial banks, even extending to state-owned entities. Policymakers in Indonesia must create fair policies that promote competition among all stakeholders while strategically positioning state-owned banks to ensure economic stability and sovereignty. Drawing inspiration from Niklas Luhmann's framework of law as a social system, which emphasizes the balance between openness and closedness, and incorporating Julia Black's principle-based approach to regulation, we propose a regulatory framework and interaction pattern between bank and fintech. This framework aims to strike a balance between the needs of banks and FinTech firms by integrating elements of entity-based and activity-based regulation.
Copyright (c) 2025 Umi Khaerah Pati, Heri Indrajat (Author) https://creativecommons.org/licenses/by-sa/4.0
Rebuilding Justice: Reimagining Housemaid Protection through the Lens of Human Rights
This paper aims to explain and evaluate the safeguarding of housemaids as a human rights issue, the types of legal safeguards available to them, and the establishment of oversight mechanisms governing the interaction between housemaids and their employers. The need for robust protection arises from the current absence of comprehensive legal frameworks in Indonesia to ensure their rights are upheld. In response, a Draft Bill concerning the Protection of Housemaids is under review as part of the 2023 National Legislation Program (Proglenas), and this paper aims to contribute to the legislative process. Using a normative juridical approach, the research finds that protecting housemaids is a critical step in fulfilling human rights, as acts of abuse and physical violence against them are severe violations. Legal safeguards for housemaids encompass preventive measures such as regulating recruitment processes, employment contracts, working hours, rest periods, leave, wages, overtime pay, and participation in health and work accident insurance programs. Additionally, employer-provided housing must meet health and safety standards. A human rights-based approach to managing work conditions is essential for fostering a harmonious relationship between housemaids and employers. Repressive protection includes mechanisms for resolving disputes, both through non-litigation and litigation methods. Effective legal oversight is vital, which can be conducted routinely by labor agencies and supplemented with online supervision tools, such as a complaint application. This application would allow housemaids and employers to submit complaints, integrated with supervisory staff at the labor department. The conclusion emphasizes that the legal protection of housemaids should be firmly rooted in human rights principles to ensure comprehensive and effective safeguards.
Copyright (c) 2024 Yetniwati Yetniwati, Hartati Hartati, Iskandar Zulkarnain, Siti Kunarti, Raja Sharah Fatricia https://creativecommons.org/licenses/by-sa/4.0
Legal Reconstruction of the Establishment of Places of Worship in Indonesia: A Legal-Political Analysis within the Framework of Land Use and Spatial Planning Law
The establishment of places of worship in Indonesia is a critical issue that intersects with legal and political concerns, yet the regulatory framework governing such establishments remains insufficiently codified. Currently, the guidelines for the establishment of places of worship are outlined in the Joint Regulation of the Minister of Religious Affairs and Minister of Home Affairs Number 9 and Number 8 of 2006 (PBM 2006). However, these regulations are not formal laws and fail to provide adequate legal guarantees and protection for all citizens to practice their religion freely. This study uses a normative juridical approach, employing legal, historical, and conceptual methods to argue that the regulations surrounding the construction of places of worship require a comprehensive legal reconstruction. The research analyzes the issue from a legal-political and land law perspective. From a political-legal viewpoint, it is clear that the PBM 2006 does not align with Indonesia's legal ideals. The regulation contains discriminatory provisions that contradict the principles of a unified state, social justice, democracy, and religious freedom. Places of worship are not only a necessity but also a fundamental expression of belief, guaranteed by the Indonesian Constitution. Therefore, regulations governing the construction of places of worship should be enacted as laws, rather than as ministerial regulations. The study concludes that a formal legal framework for the establishment of places of worship, in the form of a law, is urgently needed. Such a law would ensure equal protection for all citizens and foster social justice, thereby protecting the rights of Indonesia’s diverse population to worship in accordance with their beliefs.
Copyright (c) 2024 Suhadi Suhadi, Dani Muhtada, Andi Gazly Satrya Amal https://creativecommons.org/licenses/by-sa/4.0
Rethinking Indonesian Constitutional Amendments: The Prospects and Perils of Judicial Review
This article aims to evaluate the constitutional design of Indonesia's regulatory review system, which is administered by two institutions with judicial power. It also looks into the various obstacles that will arise when judicial review of constitutional amendments is put into practice in Indonesia. Statutory approaches are used in this article. The outcome demonstrates that the Indonesian constitution contains unchangeable provisions and that there is experience with both formal and informal, unusual constitutional amendments. These factors require the establishment of a judicial review mechanism to supervise constitutional amendments carried out in accordance with custom and as stipulated in the constitution, as well as to maintain and preserve the basic identity and structure of the constitution in order to prevent pragmatic constitutional amendments from damaging, eliminating, or undermining it. Challenges that the Constitutional Court will confront in its role as a judicial implementing actor in reviewing constitutional amendments when they are implemented in Indonesia in the future include resistance that will arise from the People's Consultative Assembly, intervention, and intimidation by other branches of power towards the Constitutional Court, as well as defiance of the decisions of the Constitutional Court, especially regarding the unconstitutionality of constitutional amendments.
Copyright (c) 2024 Novendri M. Nggilu, Indra Perwira, Ali Abdurahman, Mohamad Rivaldi Moha, Adelia Rachmaniar https://creativecommons.org/licenses/by-sa/4.0
Manipulation of Legal Regulations in Commodification of Organ Transplants: Indonesia Perspective
Organ transplantation serves as a critical solution for patients in need of organ donors. However, the pressing demand for organs, coupled with donors' economic hardships, has raised concerns about organ transplants being conducted for commercial purposes. This study aims to analyze the legal framework governing organ transplantation and explore the practices observed within society. Using secondary data comprising legislation, scholarly articles, scientific research, and online news reports, this study identifies significant inconsistencies and potential ambiguities within the regulatory framework. Current legal provisions stipulate that organ transplants must be conducted solely for humanitarian purposes and explicitly prohibit commercialization. Yet, government regulations create a loophole by allowing donors to receive awards, which could be exploited for commercial gains. To prevent the commercialization of organ transplants, it is essential to ensure that the relationship between donors and recipients is based on familial or kinship ties. Such relationships foster the principles of voluntariness and altruism, which are central to ethically sound transplantation practices. Strengthening the legal framework to eliminate ambiguities and promoting public awareness about ethical transplantation practices are imperative steps to uphold the integrity of organ donation and transplantation. This study underscores the importance of aligning regulatory frameworks with ethical principles to address the challenges posed by commercialization while ensuring equitable access to life-saving organ transplants.
Copyright (c) 2024 Handar Subhandi Bakhtiar, Samsu Alam Maddussila https://creativecommons.org/licenses/by-sa/4.0
Strengthening Household Solid Waste Management in Sierra Leone: Lessons from South Korea and Indonesia
Household solid waste (HSW) generation and its illegal disposal pose significant challenges to Sierra Leone, leading to public health and environmental harm. While municipal by-laws are implemented to deal with HSW in Sierra Leone, existing literature shows significant inadequacies in these laws. This paper employs normative legal research to examine the relevant laws in Sierra Leone and their adequacy and discusses related laws in South Korea and Indonesia. The findings reveal significant areas for improvement in Sierra Leone's laws, regulations, and policies pertaining to HSW, such as the absence of specific provisions to address HSW and the non-binding nature of existing provisions. Observing the relevant laws and measures in South Korea and Indonesia could significantly improve Sierra Leone's waste laws, leading to better HSW minimization. The proposed measures include establishing clear and specific laws and regulations for HSW management, implementing stricter penalties for HSW violations, promoting public awareness and education on waste reduction and recycling, and providing incentives for waste reduction and recycling. By doing so, Sierra Leone can improve public health, protect the environment, and promote sustainable development.
Copyright (c) 2024 Mohamed Yayah Jalloh, Wan Siti Adibah Wan Dahalan, Rasyikah Md Khalid, Wulandari Wulandari https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of Intersection the Customary Court and State Criminal Court for Indigenous Communities in Papua
The Law on Special Autonomy for Papua Province grants the Customary Court the authority to adjudicate criminal cases involving indigenous Papuans. Parties dissatisfied with the decisions of the Customary Court may appeal to the State Court. However, conflicts arise when the formal criminal justice system intervenes before the customary resolution process is completed, creating jurisdictional clashes. This raises the question of how to harmonize the relationship between these two judicial systems in a manner that fosters accommodation rather than resistance. This study employs both document analysis and field research, including interviews with law enforcement officials, judges, academics, and traditional leaders in Jayapura and Manokwari. The findings reveal that the intersection between the Customary Court and the State Court is inevitable, as the subject matter, object, and principles of criminal responsibility overlap between the two systems. To mitigate conflicts, a reconstruction of the interaction between Customary Courts and State Courts is essential, particularly in the adjudication of criminal cases involving customary law communities. Key strategies include fostering synergy and aligning perceptions between the apparatus of the Customary and State Courts. Additionally, the development of comprehensive guidelines for handling customary crime cases is crucial. Such guidelines would provide judges operating within Papua’s jurisdiction with a clear framework for considering customary law, thereby promoting integration and mutual respect between the two judicial systems. This approach aims to ensure that both customary and state legal traditions coexist harmoniously within the context of Papua’s special autonomy.
Copyright (c) 2024 Budi Suhariyanto, Lilik Mulyadi, Fachrizal Afandi, Sri Gilang Muhammad S.R.P. https://creativecommons.org/licenses/by-sa/4.0
Breaking the Chains of Paper: Pioneering Electronic Notary Protocol Storage as the Dawn of a New Era in National Notarial Law
The Notary Protocol is a collection of documents constituting state archives that must be preserved and maintained by notaries in accordance with statutory provisions. Currently, the storage of notary protocols as state archives is predominantly conducted through conventional means, relying on paper-based media and manual handling. This traditional approach is fraught with several challenges, including vulnerability to loss and damage over time, the need for extensive physical storage space due to the increasing volume of archives, inefficiencies in document retrieval, and ineffective distribution of documents across organizational units and personnel. These limitations underscore the weaknesses of conventional archive management. Law Number 43 of 2009 on Archives permits the creation and storage of archives in various forms, including electronic media, thereby providing a legal basis for digital archiving. However, the existing regulatory framework governing notarial practices, particularly the Law on Notary Positions, does not explicitly address the electronic storage of notary protocols. This regulatory gap necessitates an analysis of the legal certainty surrounding the electronic archiving of notary protocols. Transitioning to electronic storage aligns with the demands of the Fourth Industrial Revolution (Industry 4.0) and Society 5.0, which emphasize digitalization and technological integration. This study explores the feasibility and legal implications of adopting electronic storage for notary protocols, aiming to enhance efficiency, security, and accessibility in the management of state archives.
Copyright (c) 2024 Yussy Adelina Mannas, Azmi Fendri, Wisnhu Agung Baroto https://creativecommons.org/licenses/by-sa/4.0
The Cooling-Off Period Under the International Investment Law Regime in the Indonesian Regulations Context
This article seeks to find methods for preventing the chilling effect of International Investment Law (“IIL”), according to the Indonesian legal system. The IIL has been known as one of the controversial legal regimes in international law, due to its main issue to balance the right of foreign investors and the sovereignty of the host state. From the host state’s point of view, an international arbitration tribunal award in favor of the foreign investors may cause a chilling effect on its right to regulate an investment measure. Since Indonesia is a country that is currently experiencing this effect, the article herein provides three discussions on how the chilling effect can be prevented. In providing these discussions, this article applies the doctrinal approach by taking into account the cases in hand, particularly where Indonesia is one of the parties. The first discussion provides explanations concerning the Tecmed v. Mexico case, which reflects how the absence of domestic law concerning cooling-off period may damage a state’s sovereignty. This discussion also provides findings in Amco v. Indonesia and Oleovest v. Indonesia, which shall be considered as cases where Indonesia applied its cooling-off period, despite its defeat in the Amco’s Tribunal. Furthermore, the second discussion explains how the cooling-off period and the exhaustion of local remedies are interconnected. This discussion shows the weakness within the Indonesian legal system and an example of the Indonesian government’s BITs, which consist of a cooling-off period, despite not transposed to its national law. Last but not least, the third discussion explores how a mediation and administrative court shall be utilized by Indonesia as a cooling-off period mechanism. This discussion also consists of recommendations on how Indonesia’s national investment law shall be amended in preventing the IIL chilling effect.
Copyright (c) 2024 Tiurma M. Pitta Allagan, Putu George Matthew Simbolon https://creativecommons.org/licenses/by-sa/4.0
Tracing Accountability: The Role of Due Diligence in Addressing Business-Related Human Rights Violations
This article explores the extent to which a corporation can avoid or eliminate the legal liability for a breach of the duty of care following a human rights catastrophe in the business context by proving that it adhered to the United Nations Guiding Principles on Business and Human Rights (UNGPs) and the rigorous exercise of Human Rights Due Diligence (HRDD). Using a doctrinal legal methodology, it examines the interplay between the concepts of HRDD and core concepts of negligence; the concept of duty of care, foreseeability and breach and causation based on emerging case law and regulatory developments on corporate responsibility. The article argues that although compliance with the UNGPs cannot be used as an automatic defence to civil claims, robust and well-documented HRDD is a significant factor in how courts weigh up what harms were reasonably foreseeable and whether the corporate defendant exercised the standard of care required by law. On the other hands poorly implemented or superficial HRDD would strengthen findings of breach by demonstrating that the company knew but condoned serious risks. By re-conceptualizing HRDD as an evidentiary and normative standard in the field of negligence law, the article has suggested a methodical model of assessing corporate responsibility in business-related human rights violations.
Copyright (c) 2026 Khushbakht Qaiser, Hasani Mohd Ali , Rohaida Nordin, Zarfishan Qaiser (Author) https://creativecommons.org/licenses/by-sa/4.0