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).
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
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
Judicial Considerations of Parental Attitudes in Child Custody Disputes: An Empirical Analysis in Ghana
The complexity of child custody disputes in family law has a significant impact on all parties involved, particularly the children. The effect of parental attitudes on custody decisions is substantial; however, very few empirical studies have focused on this issue. This paper examines the influence of parental attitudes on custody outcomes. Using the mixed-method approach, data were gathered from divorced parents, lawyers, and a judge. The analyzed data, through the lens of the Parental Responsibility Model, the Best Interests of the Child Standard, and established legal frameworks, emphasize the significance of emotional ties, daily care, and guidance on judicial outcomes in custody cases. It also emerged that parents who jointly prioritized their child’s needs were more likely to receive favourable custody decisions. The study concludes by emphasizing the need for a holistic approach to judicial decisions that accommodates the intricate relationship between parental emotional ties, daily care, and guidance.
Copyright (c) 2025 Peter Atudiwe Atupare, Elijah Tukwariba Yin (Author) https://creativecommons.org/licenses/by-sa/4.0
Is the Paradigm of Tabellionis Officium Fideliter Exercebo Aligned with the Cyber Notary Concept in Indonesia’s Public Notary Development?
The concept of the cyber notary emerged to address the need for legal recognition and to resolve issues regarding electronic transactions. The rise of electronic transactions defined by remote exchanges, along with the advancements of the 4.0 Industrial Revolution—characterized by automation and digitalization—has driven the development of various technological adaptations in notarial practices in Indonesia. However, notaries, in performing their duties and authority, are bound by the principle of Tabellionis Officium Fideliter Exercebo. This principle requires notaries to work traditionally. The problems discussed in this research are: (1) What is the concept of cyber notary from a comparative perspective? and (2) Is the Paradigm of the Principles of Tabellionis Officium Fideliter Exercebo in line with the concept of cyber notary? This scholarly article employs normative legal research, utilizing a statutory approach, a conceptual approach, and a comparative approach. Neither France nor the United States uses the term of 'cyber notary' or 'electronic notary' as these concepts were initially conceived to address issues related to electronic transactions. In Indonesia, the term 'cyber notary' has been adopted to study various technological adaptations in notarial work, resulting in misunderstanding of the terminology and its intended meaning. This has confused cyber notary research. The concept of the cyber notary is not directly aligned with the principle of Tabellionis Officium Fideliter Exercebo. Instead, technological adaptations in notarial work should be explored under the framework of Modernization of Notarial Practice,' while maintaining adherence to the Tabellionis Officium Fideliter Exercebo principle.
Principles of Tabellionis Officium Fideliter Exercebo
Copyright (c) 2025 Made Gde Subha Karma Resen, Ni Putu Kompiang Ratna Dewi (Author) https://creativecommons.org/licenses/by-sa/4.0
Establishing Indonesia’s Personal Data Protection Agency: Comparative Administration Sanctions Enforcement from Ireland, Australia, and Singapore
In the digital era, technological advancements have enabled governments and corporations to streamline services and expand market reach, often leading to the collection and transfer of personal data without the knowledge of data subjects. This poses significant risks to constitutional rights. Indonesia’s Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) aims to address these risks, yet frequent data breaches indicate ineffective enforcement of administrative sanctions due to the absence of an independent authority. This study analyzes the urgency of establishing a Personal Data Protection Agency in Indonesia, evaluates current sanctions under the PDP Law, and compares the enforcement mechanisms of data protection agencies in Ireland, Australia, and Singapore. Using a normative legal approach with qualitative methods, the research finds that these countries’ independent agencies effectively enforce data protection laws and administrative sanctions. The study reveals significant enforcement shortcomings in Indonesia, underscoring the need for a dedicated authority to prevent violations and protect personal data rights. By adopting best practices from Ireland, Australia, and Singapore, Indonesia can enhance its data protection framework. Immediate action by the President to establish this authority through a Presidential Regulation is crucial for safeguarding personal data in the digital age.
Copyright (c) 2025 Firsta Rahadatul 'Aisy, Muhammad Azil Maskur, A.M Adzkiya' Amiruddin (Author) https://creativecommons.org/licenses/by-sa/4.0
Justice on Trial: How Artificial Intelligence is Reshaping Judicial Decision-Making
The integration of Artificial Intelligence (AI) into judicial decision-making processes is reshaping the administration of justice, offering new possibilities for efficiency and consistency while raising critical concerns about fairness and judicial discretion. This research explores the use of AI to support judges in their decision-making processes, focusing on the balance between technological assistance and the human consideration of justice. Additionally, it examines the regulatory frameworks that enable and govern AI’s role in the judiciary. Employing a normative juridical research methodology and secondary data from literature reviews, this study finds that AI systems can only assist judges by providing recommendations rather than replacing their judgment. Algorithms and mathematical models cannot fully account for the complex, qualitative factors inherent in the pursuit of justice, such as moral considerations, empathy, and societal context. Currently, AI usage in judicial processes is not explicitly regulated; however, it may be justified under Article 1 Point 8 of Indonesia’s ITE Law, which recognizes electronic agents controlled by humans to achieve specified objectives. The research underscores that AI’s potential lies in its capacity to complement human judges by enhancing efficiency and reducing bias in routine tasks, while ultimate decision-making must remain a human responsibility. This study concludes that the responsible use of AI, guided by clear legal and ethical frameworks, can ensure that technological advancements in the judiciary uphold the principles of justice and human dignity.
Copyright (c) 2024 Syarifah Lisa Andriati, Inneke Kiki Rizki, Ain Najwa Binti Mohd Malian (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Generative AI in Shaping Human Rights and Gender Equity: A Critical Analysis
This research aims to explore the dual role of generative AI technology in supporting human rights activism and gender equality. The primary issue addressed is how AI can empower individuals and organizations in advocating for human rights, while also posing risks such as the spread of misinformation and the perpetuation of bias. The methods used include case study analysis and literature review to understand the impact of AI in social and political contexts. The urgency of this research lies in the pressing need to develop ethical frameworks that safeguard human rights amid rapid technological advancements. The novelty of this study stems from its interdisciplinary approach, combining technology, human rights, and gender equality, while highlighting the philosophical and ethical challenges that arise alongside AI development. The findings of the research indicate that AI holds significant potential to enhance the visibility of human rights issues through more effective social media campaigns and compelling data presentation. However, the study also identifies substantial risks, including information manipulation and biases that could harm certain groups. The conclusion emphasizes the importance of creating strategies that maximize the benefits of AI while minimizing its risks. Thus, this research contributes to efforts to create an AI-driven future that not only supports human rights but also promotes gender equality, and it encourages further discussions about the boundaries between humans and machines in the context of these rights.
Copyright (c) 2024 Rizky Bangun, Sultoni Fikri (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Transparency on the Implementation of The ASEAN Trade in Services Agreement (ATISA)
In international trading system, trade in services covers a wide range of intangible and heterogeneous products and activities which making it complex in the implementation phase. Association of Southeast Asian Nations (ASEAN) had established a progressive agreement on trade in services, the ASEAN Trade in Services Agreement (ATISA) that brings trade liberalization on services by recognizing progressive negative list approach. Nevertheless, there is no clear framework on how this agreement will be applied as ASEAN Member States (AMS) have difference economic policies considered the complexities of services sector. This paper aims to explore the regulation on trade in services, in particular the legal analysis of transparency of the implementation of the negative list approach brought by ATISA. This new agreement has a built-in agenda for AMS to convert their previous commitments of positive approach under ASEAN Framework Agreement on Services (AFAS). This paper is a doctrinal research based on secondary data by analysing the existing international legal instruments on trade, ASEAN agreements and policies on the liberalization of trade in services in the context of the ASEAN single market and production base as well as epicentre of growth. Despite its’ potential benefits of ATISA, this article identifies substantial challenges in implementing newly trade in services agreement in ASEAN. This article argues that ASEAN still needs improving the regulatory standards for the service sector and reducing the unnecessary barriers to service trade within ASEAN, as well as increasing the respective regulatory transparency in each AMS.
Copyright (c) 2025 Koesrianti Koesrianti, J.Tanega (Author) https://creativecommons.org/licenses/by-sa/4.0
Is the Legislator in the Constitutional Court? Examining the Tension Between Judiciary and Democracy in Indonesia
In cases of judicial review, the extension of the Constitutional Court's authority from negative to positive legislators contests the potential conflicts with democratic institutions, particularly parliament and the government. This study aims to analyze four key aspects: the legitimacy of the Constitutional Court in making Positive Legislature decisions, the conflicts that emerge between democratic institutions and the Constitutional Court due to the issuance of positive legislature decisions, Constitutional Courts as positive legislators in a comparative study, and the efforts undertaken to resolve conflicts. The research utilized a doctrinal legal research method, relying on secondary data gathered across literature pieces and analyzed qualitatively. The findings reveal that the Constitutional Court's decision to take on a positive legislator role has sparked conflicts between the courts and democratic institutions in Indonesia. This conflict was exemplified when parliament and the government withstand Constitutional Court Decision No. 91/PPUU-XVIII/2020, which declared certain provisions of Law No. 11 of 2020 on Job Creation somehow conditionally unconstitutional. Viewed from a global perspective, the Constitutional Court's role as a positive legislator also challenges democracy issues in many countries. To mitigate such conflicts, it is crucial to establish a mutual understanding among the Constitutional Court, parliament, and the government regarding the guidelines that the Constitutional Court should follow while making positive legislature decisions and the implementation by parliament and the President.
Copyright (c) 2025 Labib Muttaqin, Andy Omara, Sudjito Atmoredjo, M Fikri AR (Author) https://creativecommons.org/licenses/by-sa/4.0
Reevaluating the Principle of Legal Fiction: Balancing Legal Certainty and Social Justice
The principle of legal fiction is widely recognized for its role in legitimizing laws and ensuring legal certainty. However, while it contributes to the stability and predictability of legal applications, it also has inherent weaknesses that may lead to unjust outcomes, particularly for vulnerable groups who are unaware of the law. In the context of Indonesia’s vast territory, the lack of widespread socialization and public awareness of new legal regulations exacerbates these issues. Consequently, individuals, especially from lower socioeconomic classes, may become inadvertently entangled in legal processes due to their ignorance of applicable laws, leading to potential injustices. The principle of legal fiction, therefore, may inadvertently serve as a tool of oppression, particularly when used to position suspects as defendants without adequate awareness or understanding of their legal rights. This paper argues for a re-evaluation and improvement of the principle to ensure a more just and transparent application. A more nuanced approach is needed, distinguishing between its absolute application in criminal cases and its non-absolute use in regulatory offenses. By refining the concept of legal fiction, we can enhance both its legitimacy and its capacity to uphold justice for all members of society.
Copyright (c) 2025 Muhtar Said, Moh. Fadli, Aan Eko Widiarto, Dhia Al-Uyun (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Religious Courts in Settling Sharia Economic Disputes in Indonesia: Genealogy Analysis of Constitutional Court Decision Number 93/PUU-X/2012
For more than five decades (Since the implementation of Law Number 3 of 2006, which expanded the jurisdiction of religious courts to resolve Sharia economic disputes, there have been various debates regarding the effectiveness and implementation of this policy. Constitutional Court Decision Number 93/PUU-X/2012 clarified the legal position of religious courts, affirming their exclusive authority to adjudicate Sharia economic disputes. Therefore, this research provides an examination of the evolution of Religious Courts and their authority in resolving Sharia economic disputes following Constitutional Court Decision Number 93/PUU-X/2012, and the implications of implementing this decision. This study is normative research using historical, statutory, and conceptual approaches. The findings of this study indicate that the constitutional evolution of Religious Courts in resolving Sharia economic disputes in Indonesia has made significant progress. Their jurisdiction has been expanded by laws such as Number 3 of 2006 and Number 50 of 2009, which grant authority in Sharia economics and Sharia banking disputes. Constitutional Court Decision Number 93/PUU-X/2012 eliminated the legal dualism of the controversial provisions in Law Number 21 of 2008, ensuring legal clarity and consistency in upholding justice in Sharia economic cases. Following Constitutional Court Decision Number 93/PUU-X/2012, Religious Courts in Indonesia possess absolute authority in resolving Sharia economic disputes. The resolution of Sharia economic disputes by Religious Courts is expected to provide justice and welfare for the parties involved in the disputes.
Copyright (c) 2025 Eka Susylawati, Dyah Ochtorina Susanti, Moh. Hamzah, Nadea Nur shofia Madani (Author) https://creativecommons.org/licenses/by-sa/4.0
Constitutional Protections of Press and Media Freedoms in Jordan and Indonesia Amid Challenges from Artificial Intelligence and International Legal Frameworks
The Jordanian Constitution’s protection of press and media freedom faces significant challenges due to the growing body of legislation that criminalizes and punishes media related activities. With increasing regulations restricting freedom of expression, the question arises whether the constitutional framework in Jordan effectively safeguards press freedoms despite these constraints. The situation is further complicated by the influence of international law, which shapes media regulations globally, and a comparison with Indonesia’s legal approach highlights the similarities and differences in how both countries address media freedom and state control. In this context, the impact of artificial intelligence on journalistic integrity and media bias has become a crucial factor. AI technologies are increasingly being employed in Jordan to monitor, filter, and regulate media content, potentially influencing editorial independence and contributing to biased reporting, which raises significant concerns about the ethical use of AI in media regulation. The analysis reveals that while constitutional provisions theoretically protect press and media freedoms, the enactment of various laws, media regulations, and ministerial decisions often contradict these protections, placing significant control in the hands of the ruling authority. This situation is exacerbated by heavy penalties, including imprisonment and exorbitant fines, which restrict the ability of journalists and media outlets to operate freely. Also, some amendments to media laws seem to violate constitutional principles, posing a direct threat to the balance between state authority and media autonomy. In this study, the most important result that have been achieved: Freedom of the press and media is intrinsically linked to a broad range of civil and political rights, and it cannot be discussed in isolation. The protection of this freedom requires strong constitutional guarantees that align with both national laws and international standards. Legal protections must be in place to prevent unjustified restrictions that could limit press and media freedom.
Copyright (c) 2025 Nayel AlOmran, Tourkia Rebhi (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Aspects of Patient Data Governance in Digital Health: A Comparative Analytical Study of UAE and Indonesian Legislation
This study provides a comparative legal analysis of the United Arab Emirates (UAE) and Indonesia regarding the regulation of digital health technologies, particularly electronic medical records (EMR) and artificial intelligence (AI). It examines core legal dimensions including data security, patient consent, monitoring mechanisms, and data ownership. Although both countries have adopted ambitious digital health strategies, the UAE has developed a more comprehensive and integrated regulatory framework through Federal Law No. 2 of 2019 on the Use of Information and Communication Technology in Health Fields and the Personal Data Protection Law No. 45 of 2021. These instruments ensure stricter data protection, structured access control, encryption standards, and regular audit mechanisms. In contrast, Indonesia, despite the enactment of Minister of Health Regulation No. 24 of 2022 and Law No. 27 of 2022 on Personal Data Protection, still faces challenges in enforcement, interoperability, and accountability. The findings highlight the need for Indonesia to strengthen its legal and institutional infrastructure to ensure compliance, enhance data privacy, and promote patient trust in digital health systems. Drawing lessons from the UAE experience, the study proposes policy reforms aimed at aligning Indonesia’s legal framework with international standards and fostering a secure, ethical, and innovation-oriented digital health environment.
Copyright (c) 2025 Mourad Benseghir, Aouatef Zerara, Maamar Bentria, Halima Bendriss, Mohamad Hidayat Muhtar (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminal Acts of Corruption by State Officials in Procurement of Goods and Services: Study of the Role of Justice Collaborators and Whistleblowers in the Age of Technology
This study aims to determine and analyze the role of justice collaborators and whistleblowers in corruption in the procurement of goods and services carried out by state administrators and to determine the forms of corruption that occur in the procurement of goods/services. The research method used is normative legal research through a legislative approach and a conceptual approach. The results of this study found several problems, namely; There is a need for unification of perceptions and synchronization of regulations that apply to law enforcement officers in understanding aspects of witness protection related to legal collaborators and violation reporters. The most common forms of deviation in the government procurement of goods/services that can lead to corruption are: bribery, job combination, separation of duties, collusion between partners providing goods/services and procurement implementers, document falsification, waste of money. region/country, reducing the quantity and/or quality of coral/gauze, incorrectly determining the type of procurement contract for goods/services, contracts without available budget, setting their own estimated price that is too high.
Copyright (c) 2025 Alfitra Alfitra, Mara Sutan Rambe, Oksidelfa Yanto, Ahmad Bahtiar (Author) https://creativecommons.org/licenses/by-sa/4.0
The Limits of Contractual Freedom: Analyzing the Admissibility and Exceptions of Agreements Limiting or Excluding Tort Liability under French Civil Law
Under French civil law, agreements that exclude or limit tort liability have traditionally been deemed null and void on grounds of public order, in stark contrast to the broad contractual freedom permitted in contractual liability. This paper examines the core legal question of when, if ever, such clauses may be valid, analyzing the narrow exceptions emerging in doctrine, jurisprudence, and, most significantly, the 2020 draft reform of French civil liability. The study identifies three key exceptions to the general prohibition: (1) clauses remain invalid in cases of gross negligence or intentional wrongdoing; (2) any exclusion or limitation of liability for bodily injury is categorically prohibited; and (3) consumer protection rules, particularly under EU-inspired unfair terms legislation, further restrict enforceability in B2C contexts. While current law maintains a rigid prohibition, the proposed reform (Articles 1284-1286) tentatively embraces the principle of validity, albeit confined largely to no-fault or vicarious liability scenarios, marking a pivotal shift toward aligning French law with comparative legal trends. The paper critically assesses this evolution, weighing the tension between contractual autonomy and the protective imperatives of tort law.
Copyright (c) 2025 Pierre Mallet, Hala Nassar (Author) https://creativecommons.org/licenses/by-sa/4.0
Cross-Border Trade Disputes: A Comparative Analysis of Indonesia and Australia
This comparative analysis delves into the intricate landscape of cross-border trade disputes, focusing on Indonesia and Australia. As two significant players in the global trade arena, understanding their dispute resolution mechanisms is crucial for fostering bilateral and multilateral trade relationships. The study examines the legal frameworks, institutional mechanisms, and cultural factors influencing trade dispute resolution in both countries. Indonesia's approach may reflect its unique socio-political context, while Australia's system could showcase its commitment to transparency and adherence to international trade norms. Key aspects explored include the role of governmental bodies, such as trade ministries and dispute settlement panels, as well as the utilization of alternative dispute resolution methods like arbitration and mediation. Moreover, the analysis delves into the effectiveness and efficiency of these mechanisms in resolving disputes promptly while maintaining fairness and equity for all parties involved. Comparisons are drawn between Indonesia and Australia in terms of legal precedents, enforcement mechanisms, and the level of stakeholder engagement in the dispute resolution process. Additionally, cultural nuances and historical contexts are considered to understand how these factors shape the negotiation and resolution of trade conflicts. By synthesizing these insights, the study aims to provide policymakers, trade practitioners, and academics with a comprehensive understanding of the strengths and weaknesses of each country's approach to cross-border trade dispute resolution. Ultimately, it seeks to contribute to the development of best practices and strategies for enhancing trade relations and promoting economic cooperation between Indonesia and Australia, as well as other nations globally.
Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0