Lex Scientia Law Review [P-ISSN 2598-9677 | E-ISSN 2598-9685] is one of the prominent journals in Indonesia under the auspices of the Faculty of Law at Universitas Negeri Semarang, Indonesia, has established itself as a preeminent platform for legal scholarship. The journal's paramount focus lies in the realms of Contemporary and Comparative Legal Studies, spanning both the national landscape of Indonesia and the global legal arena. Within the sphere of Contemporary Legal Studies, Lex Scientia Law Review serves as a conduit for scholarly exploration and analysis of the ever-evolving legal landscape. This encompasses a wide spectrum of issues such as the intricate intersection of technology and law, emerging human rights challenges, environmental law dynamics, corporate governance nuances, and the ongoing reforms in criminal justice systems. The journal provides a comprehensive understanding of contemporary legal phenomena, creating a space for rigorous discussions and insights. Complementing its focus on contemporary issues, Lex Scientia Law Review distinguishes itself through a dedicated commitment to Comparative Legal Studies. By adopting a comparative lens, the journal seeks to unravel the similarities and differences among legal systems. This approach facilitates a nuanced understanding of legal principles, encourages cross-cultural dialogue, and contributes to a more harmonized global legal discourse. Comparative legal analyses within the journal encompass diverse aspects, including legal systems and traditions, judicial decision-making processes, constitutional law perspectives, and the intricacies of international legal frameworks. Lex Scientia Law Review extends its scholarly gaze beyond the confines of national borders, recognizing the importance of regional and global perspectives. By doing so, the journal acknowledges the interconnected nature of legal issues and emphasizes the need to examine them within broader contexts. This global outlook encourages scholars to transcend geographical boundaries in their research, fostering intellectual exchange and collaboration on a worldwide scale. Title : Lex Scientia Law Review Indexing : Scopus ISSN : 2598-9677 (Print) | 2598-9685 (Online) DOI Prefix : 10.15294/lesrev Publisher : Faculty of Law Universitas Negeri Semarang Frequency : Biannually (May and November)
All writings published in this journal are personal views of the authors and do not represent the view of this journal and the author's affiliated institutions. Authors retain the copyrights under this license, see our copyrights notice.
Management of Royalties for Copyright Local Songs and Music: Implementation and Urgency
This study is driven by the ongoing challenges in royalty management arrangements for copyrighted songs and regional music, despite the existence of relevant regulations. In this context, the issues originated from the public’s limited understanding of copyright infringement, as well as a lack of awareness regarding the rights of songwriters and regional musicians to receive royalties. In some cases, songwriters and musicians resort to informal or underhanded agreements concerning the use of respective songs. Therefore, this study aims to thoroughly examine the royalty management policies for copyrighted songs and local music in Indonesia, to emphasize the urgency of royalty management in the sector, and to explore the issue from a human rights perspective. In order to achieve the stated objectives, a normative study approach was utilized, adopting both a legislative approach and legal concept analysis. The obtained results showed that royalty management policies for copyrighted songs and regional music were regulated under Government Regulation 56/2021, implemented through National Collective Management Institution (Lembaga Manajemen Kolektif Nasional/LMKN) and Collective Management Institution (LMK). The management of royalties is very important, as it provides benefits not only to creators and related stakeholders but also contributes to the development of music in society. Furthermore, royalty management, as an expression of economic rights, was recognized as part of ECOSOB human rights.
Copyright (c) 2025 Yohanes Usfunan, Jimmy Z. Usfunan, Made Aditya Pramana Putra, Ni Wayan Ella Apryani, Leonito Ribeiro (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Adaptability of the Indonesian Judiciary in the Era of Law and Technology Disruption
Legal disruption has been reported to significantly change judicial practice. Therefore, this study aims to explore 2 problem topics, namely 1) how the era of legal and technological disruption affects the profession of judges in carrying out their duties as case deciders, and 2) how is the adaptability of judges in Indonesia in facing the era of legal disruption to ensure their role and function remain relevant. The study procedures were carried out using the normative-empirical legal method, where secondary data were obtained using literature studies. Subsequently, data were enriched with empirical data obtained through field studies. The results showed Artificial Intelligence (AI) and Big Data could be integrated into the judicial system as a transformative solution due to the limited number of judges in Indonesia. The integration was expected to improve the efficiency, consistency, and unity of law enforcement. The profession of judges was required to carry out a transformation that was not only technical but also philosophical. In addition, the Supreme Court Technical Education and Training Center was expected to create an ecosystem where technology could be used as an instrument to improve the quality of Indonesian judges decisions. This could be achieved through hybrid curriculum strategies, inclusive infrastructure, and adaptive regulations.
Legal Disruption, Judicial Reform, AI, Machine learning and Big Data
Copyright (c) 2025 Windi Afdal, Ampuan Situmeang, Rizaldy Anggriawan, Winsherly Tan, Shelvi Rusdiana (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Sexual Grooming of Children Mode through Live Streaming: Legal Gaps in the Face of Anonymity of Online Transactions
The rapid development of digital technology has enabled new forms of child sexual exploitation, including sexual grooming conducted through live-streaming platforms. This phenomenon demonstrates not only the heightened vulnerability of children in cyberspace but also the limitations of national legal frameworks in addressing crime patterns characterized by anonymity and online financial transactions. This study employs a combined normative and empirical juridical approach to provide a comprehensive understanding of online grooming cases in Indonesia. The normative component analyzes statutory provisions, child protection laws, and digital platform regulations to identify the intended legal protections for children. The empirical component complements this by collecting first-hand insights through semi-structured interviews with law enforcement officers, representatives of the Indonesian Child Protection Commission (KPAI), digital platform operators, and victim support companions. The integration of these approaches reveals gaps between legal norms and enforcement practices, particularly regarding institutional constraints, reporting mechanisms, and socio-technical challenges faced in case handling. The findings show that grooming through live streaming involves complex psychological manipulation facilitated by platform features that allow perpetrators to maintain anonymity. Current regulations do not explicitly recognize online grooming as a distinct criminal offense, nor do they adequately address anonymous electronic transactions commonly used in this crime. Court decisions also illustrate inconsistencies in legal application due to the absence of specific norms governing technology-based grooming. These findings highlight the urgency of reformulating national legal policies by introducing explicit criminal norms on digital grooming, strengthening penalties for online media–based sexual crimes, and regulating anonymous online transactions. The study further recommends enhancing the role of digital financial institutions and technology platforms in prevention, monitoring, and reporting mechanisms. In addition, community-based education and preventive interventions are essential to complement law enforcement efforts and create a safer digital environment for children.
Copyright (c) 2025 L. Alfies Sihombing , Yeni Nuraeni , Wahyudi Wahyudi, Loso Judijanto , Abidah Abdul Ghafar (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Curbing Elitist Populism in Indonesia's Lawmaking: A Constitutional Law Perspective
This research addresses the deficiencies in the scholarly exploration of constitutional law in relation to elitist populism within the legislative framework of Indonesia. The article examines the tendency of elitist populism in Indonesian legislative practice and advocates the idea of curbing it by constitutional law. Elitist populism, in the context of this article, refers to a political approach in which leaders claim to represent the common people, while simultaneously engaging in elitist practices. This study uses a normative juridical research method using statutory and conceptual approaches, and analyzes controversial cases with significant legislation impact. The research findings show that elitist populism in legislative practice is manifested in rapid legislation, and the consolidation of power that minimizes participation fails to reflect public aspirations. To limit these tendencies, constitutional law arrangements in institutional design, supervisory mechanisms, as well as spaces for public participation and awareness, need to be stronger. Therefore, it is recommended to strengthen the institutional rules of the constitutional court, revitalize the supervisory function of the house of representatives, encourage lawmaker’s consistency in the application of meaningful participation, and build public awareness.
Constitutional Law, Elitist Populism, Indonesia, Lawmaking, Legislation.
Copyright (c) 2025 Zulkarnain Ridlwan, Budiyono, Muhammad Akib, F.X. Sumarja, Ahmad Irzal Fardiansyah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Urgency of Legal Profession Regulation Amidst The Integration of Artificial Intelligence
Artificial Intelligence (AI) is reshaping the legal profession by enhancing research speed, document review, and case analysis. Yet, its integration also raises pressing concerns over accountability, data privacy, and ethical standards. This study addresses the research problem: How should Indonesia regulate AI in law to balance innovation with justice and human rights? Three guiding questions inform the analysis: (1) What is the extent of AI adoption by Indonesian legal practitioners? (2) What legal and ethical risks arise? (3) What regulatory responses are most suitable for Indonesia’s plural legal context? Adopting a socio-legal methodology, data were collected through literature review, in-depth interviews, and an online survey of 102 practitioners. Findings show that 38% of respondents currently use AI tools, mainly for legal drafting and research, but skepticism persists. Advocates in Semarang reported errors in AI-generated contracts, illustrating unresolved accountability gaps under existing laws. Judges highlighted risks of bias and opacity if AI expands into case management without safeguards. The novelty of this research lies in its empirical evidence: it is the first Indonesian study to combine practitioner perspectives with regulatory analysis, moving beyond conceptual debates. By linking adoption patterns to deficiencies in the ITE Law, PDP Law, and PERMA No. 1/2019, the study reveals concrete vulnerabilities in legal practice. The study concludes that interim sectoral measures such as PERADI guidelines and judicial ethics updates are urgently needed while developing a comprehensive AI law. Responsible governance is essential to ensure AI strengthens, rather than undermines, fairness, transparency, and the rule of law.
Copyright (c) 2025 Andry Setiawan, S.H., M.H., Rindia Fanny Kusumaningtyas, S.H., M.H., Afifah Widyastuti, S.H., Ibadurrahman Hanan Abdullah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Standard Agreements: Review of the Principles Pacta Sunt Servanda, Good Faith and Fairness
The use of standardized contracts today shows one side of the dominance of the modern economy by business entities or companies and even banks. Agreement is one of the main sources in civil law relationships, where the parties involved have the freedom to determine the contents and form of the agreement in accordance with Article 1338 of the Civil Code. In practice, this freedom often does not take place in a balanced manner, especially in standardized agreements. This research focuses on the principle of justice in standard agreements, where the agreement should be able to fulfill a sense of justice for the parties. Justice is very important in standard agreements, to avoid exploitative practices and ensure equal legal protection between the parties. Based on this narrative, it is important to examine how the principle of justice is applied, protected, and enforced in standard agreements that develop in the community. The approach used in this study is normative juridical, focusing on secondary data. The results of the study show that the application of the fairness aspect of contracting in agreements or standardized contracts is still far from expectations. Agreements made in standardized forms tend to benefit one party who has a stronger bargaining position, who usually acts as the "designer" of the standardized contract.
Freedom of Contract, Standard Contract, Justice
Copyright (c) 2025 Ery Agus Priyono, Dimas Almeida Saputra, Satrio Sakti Nugroho, Dharu Tri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Digital Economy Regulation and Consumer Rights Protection: Realizing Security in Financial Technology Transactions
Financial technology has experienced rapid expansion amidst the digital economic development that has made services more accessible while increasing financial inclusion. The rapid growth of financial technology creates substantial challenges for consumer protection. The primary problems arise from inadequate data protection measures and electronic payment security protocols. The lack of proper security measures and insufficient digital literacy exposes consumers to increasing risks of data theft, phishing attacks, and personal information misuse. This research evaluates the current regulatory structure that defends consumer rights and ensures secure financial operations through technological systems. The study adopts a normative legal research method through statutory analysis. The research shows that Indonesia's regulatory framework extends broad protection but requires modernization to address contemporary technological developments and emerging security risks. Fintech requires a regulatory framework that adjusts to evolving conditions while fostering partnerships to deliver adequate consumer protection.
Copyright (c) 2025 Afif Noor, Ali Maskur, Dwi Wulandari, Aqila-Syarief Muhammad Afif, Muhammad Fazli Azmi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Indonesian Criminal Law Reform Policy Through the Classification of Fines in the Indonesian National Criminal Code (Attributed to Fines Sanctions in Law Number 63 Year 2024 on Immigration)
After the Dutch colonial occupation, for 78 years Indonesia still used Wetboek van Strafrecht as the law that regulates criminal law until finally in 2023 Indonesia has a National Criminal Code. The National Criminal Code emphasizes the ultimum remedium character by changing fines into one of the main punishments. The formulation of fine as one of the main punishments is part of the effort to overcome the overcapacity in correctional institutions caused by imprisonment which has always been the main choice in the punishment system in Indonesia and is perceived increasingly ineffective. Fines that have been contained in the Criminal Code are also a reference for the determination of fines in special laws outside the Criminal Code, one of which is the Immigration Law which in its application faces many obstacles. This qualitative research uses normative juridical method that analyzes the norms of fine sanctions and its classification in the Indonesian National Criminal Code. Although there are still findings, the fine clause in the National Criminal Code raises new homework for legislators and implementers, related to special laws outside the National Criminal Code that also formulate fines in their criminal sanctions, the research found that the classification of fines in the National Criminal Code is formulated as a new Indonesian punishment policy that has a more ultimum remedium character and prioritizes the principle of justice over legal certainty, can be a guideline for imposing administrative fines for special laws and regulations such as Immigration Law
Copyright (c) 2025 Maidah Purwanti (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Miscommunication As A Cause Of Disputes In The Relationship Between Doctors And Patients In Hospitals_
The legal relationship between doctors and patients always employs communication as a means to reach a mutual acceptance and understanding of each party. However, miscommunication more often than not happens in that legal relationship, thus producing disputes between doctors and patients. The problem raised in this study is how miscommunication between doctors and patients in medical services can cause medical disputes. The study utilized sociolegal research as its research method, with the location of the research being done in Semarang. The results of the study reveal that miscommunication between doctors and patients can be a cause of disputes due to the distinct gap between expectations and the reality received by patients. This distinctive gap could emerge when there are differences in culture and language between doctors and patients. Therefore, the gap caused by miscommunication is one of the most frequent causes of disputes between doctors and patients in medical services.
Copyright (c) 2025 Endang Kusuma Astuti (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Potential for Corporate Corruption in Mining Licensing Policies for Religious Organizations in Indonesia
The primary purpose of this research is to examine the potential corruption by corporations through the policy of granting mining licenses to religious community organizations (religious organizations) in Indonesia. This research contributes to analysing the potency of corruption and provides a concept for preventing corruption in the mining sector after the issuance of mining business licenses for religious organizations. The novelty of this research is to detect various potential criminal acts of corruption by corporations after the enactment of regulations that permit religious organizations to manage mines. Additionally, the concept of corporate corruption prevention provides policy input to prevent corruption in this sector. This research uses normative legal research methods with conceptual, statutory, and case approaches. A significant finding of this research is that corruption is potentially liable in mining management by religious organizations, considering that the business entities owned by religious organizations are not very credible in managing the mining sector. Furthermore, previous studies and surveys have found that many mining companies overlook or ignore their anti-corruption commitments and policies. The potency of corruption is also exacerbated by regulatory loopholes in the mining sector, which are susceptible to corruption. This research recommends a policy that regulates the standard quality of the business entity owned by a religious organization, especially human resources capacity, organizational management, and anti-corruption commitments and policies within the business entity. In addition, to avoid potential corruption in this sector, the government's commitment and the participation of society in monitoring mining governance are certainly needed.
Corporate corruption; mining; religious organizations.
Copyright (c) 2025 Erma Rusdiana, Lindra Darnela, Muwaffiq Jufri, Paul Atagamen Aidonojie, Souad Ezzerouali (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Enhancing Access to Justice: Comparative Insights into Mobile Courts in Indonesia and Malaysia
This research aims to compare the mobile court case settlement practices in Malaysia and Indonesia, such as legal framework and jurisdiction, operational structure, successes and challenges and implementation strategies in both countries. Research methods used in this paper is a normative juridical approach, and the collection of data is conducted through statutory law: gathering relevant statutes, regulations, and legal provisions governing the establishment and operation of mobile courts in Indonesia and Malaysia. The findings reveal a comparison of mobile court case settlement practices in Malaysia and Indonesia, where the mobile court service is advantageous because it facilitates access to the court for justice seekers. Beyond the logistical benefits, these services offer psychological comfort by allowing proceedings to occur in familiar and less intimidating environments. The difference in the implementation of mobile courts is that in Indonesia mobile courts only exist at the district level religious courts, where judges go to the field to conduct trials in rural locations, for example in the village hall, and the cases handled only involve minor cases such as isbat marriage, divorce, divorce, child custody and determination of heirs. To overcome the geographical and logistical challenges, enhancing collaboration between different government agencies is crucial. In both countries, coordination between the judiciary, local governments, and other relevant agencies, such as transportation and communication departments, can improve the effectiveness of mobile courts.
Access to Justice, Comparative Study, Indonesia, Malaysia, Mobile Court
Copyright (c) 2025 Hazar Kusmayanti, Nurul Hidayat Ab Rahman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
From Justice to Politics: The Constitutional Court’s Role in Structured and Systematic Election Violations
This research analyzes the judicial implications of the Constitutional Court’s rulings on structured, systematic, and massive (TSM) violations in Indonesian elections, and their impact on democratic integrity. Using a socio-legal approach, it combines legal analysis with social science perspectives to examine how the Court interprets and applies TSM principles within a broader socio-political context. The study finds that while the Constitutional Court plays a pivotal role in upholding electoral integrity and safeguarding democratic values, significant challenges remain. Chief among these is the difficulty of proving TSM violations, which are often entangled with powerful political interests. These challenges can weaken public trust, hinder accountability, and contribute to a democratic deficit. The study concludes that more robust judicial mechanisms and clearer evidentiary standards are needed to ensure fair adjudication and strengthen Indonesia’s democratic institutions.
Copyright (c) 2025 Rofi Wahanisa, R. Benny Riyanto, Syahwal, Eko Mukminto, Septhian Eka Adiyatma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Application Of Legal Maxims In Contract Law: Pacta Sunt Servanda And Islamic Rules On Promises
In the practice of contract law, the fulfillment of promises and compliance with agreements are fundamental aspects to ensure justice and legal certainty. The principle of pacta sunt servanda which emphasizes the obligation to honor agreements has relevance to Islamic rules which also require the fulfillment of promises. This research uses normative legal research methods with a comparative juridical approach. Primary data sources are obtained from laws, government regulations, court decisions, and other relevant legal documents. While secondary data is obtained from books, journals, scientific articles, and other literature that discusses the principle of pacta sunt servanda, Islamic rules on promises, and contract law. Data collection techniques use literature study and document analysis, while data analysis techniques use qualitative analysis using the inductive method, and comparative analysis to compare the principle of pacta sunt servanda with Islamic rules of promise. The findings show that pacta sunt servanda and Islamic rules of promise have similarities in emphasizing the importance of commitment to the contract. However, there are differences in the application of these two legal systems, especially regarding exceptions and certain conditions such as force majeure and the principle of benefit in Islam. The principle of pacta sunt servanda and the Islamic rule of promise can complement each other in the practice of contract law, especially in the context of countries that apply legal pluralism. The application of these two principles encourages trust and stability in business transactions. This research recommends strengthening the legal framework that accommodates elements of contract compliance while taking into account aspects of substantive justice and relevant special conditions.
Copyright (c) 2025 Muhammad Husni Abdulah Pakarti, Ija Suntana, Aden Rosadi, Ramdani Wahyu Sururie, Usep Saepullah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Tax Havens and Their Impact on National Tax Legislation
The “offshore economy” constantly dwells in the spotlight of the world community. That creates a number of challenges for the sphere of legislative regulation and assumes the necessity of the implementation of unified international rules into national regulation. This work answers the question of how tax havens affect the tax legislation of individual national legal systems. The study shows the directions and prospects for combating tax evasion through the use of tax havens and concealment of income in offshore corporations. Using political and legal analysis method the paper examines changes in legislative regulation related to tax law under the influence of the offshore zones development and current political and legal responses to the existing challenges associated with tax evasion via tax havens, including in the UK, the EU, and Russia. The research gives grounds to say that at present the OECD action plan BEPS (Base Erosion and Profit Shifting) forms the basis for reforming the relevant legislation not only in the OECD countries, but also outside it. At the same time, in the considered countries, there is a tendency to tighten legislative regulation in terms of business transparency as well as openness of information about the ultimate beneficiary.
Abuses in the Field of Corporate Taxation
Copyright (c) 2025 Akylbek Ilyas, Gurgen Gukasyan, Sergei Chernov, Vladimir Kosarev (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Balancing Trade and Sustainability: An Analysis of Sustainable Fisheries Management under the Indonesia-EFTA Comprehensive Economic Partnership Agreement
As trade in fish between Indonesia and the European Free Trade Association (EFTA) States intensifies under the Indonesia-EFTA Comprehensive Economic Partnership Agreement (IE-CEPA), it becomes paramount to harmonize international trade with sustainable fisheries management. This study delves into this crucial nexus, employing descriptive and analytical legal research methodologies. It scrutinizes the sustainable development provisions embedded within the IE-CEPA, examining how these trade regulations align with and support sustainable fisheries management principles. The study further investigates the compliance of Indonesia with these rules, focusing on the protection of marine fishery resources, the suppression of Illegal, Unreported, and Unregulated (IUU) fishing, and the promotion of sustainable fishing practices that safeguard fish stocks and marine ecosystems. Ultimately, this research underscores the potential for a positive synergy between trade liberalization and environmental stewardship, ensuring the long-term viability of fishery resources while fostering economic growth for both Indonesia and EFTA States.
Copyright (c) 2025 Intan Innayatun Soeparna, Sheva Atha Nugroho, Roberto Reyes-Barrera (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Intellectual Property Challenges for AI-Driven Creativity: A Focus on Copyright and Patents in Emerging Economies
The integration of Artificial Intelligence (AI) into scientific advancements has become a crucial part of daily life for many people. In the creative industry, AI has the potential to not only enhance the level of creativity, but also productivity. The legal implications of this development must be carefully analyzed for the development of the creative industry, to establish a legal position on where AI stands in the increasingly competitive market, especially when Intellectual Property Right (IPR) as a key factor is taken into account. This research examines the need for a legal framework for AI. It was conducted through the lens of intellectual property law, to determine its place within existing IPR regimes using the comparative legal method. The results conceptually justify the urgency to regulate AI, and highlights the taxonomy dilemma of AI-generated works within the current dynamics of the creative industry, indicating a taxonomy dilemma. Further analysis also indicates that while there’s a decent urgency to address all of the normative issues that exist within Indonesia’s IPR legal framework, it’s imperative that Indonesia prioritizes the development of the copyright and patent regimes, which are closely related to the nature of AI-generated works.
Copyright (c) 2025 Lu Sudirman, Hari Sutra Disemadi, Henry Soelistyo Budi, Jihyun Park, Ninne Zahara Silviani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Enhancing Fair Use in Protecting Appropriated Artworks: A Comparative Analysis of Safeguarding Indonesian Copyright Law
Appropriated artwork refers to the practice of using pre-existing objects or images into new works of art with little or no significant changes to the original form. This trend developed into the Pop Art movement, where one of the characteristic features was the use of images from mass media, as seen in the works of Andy Warhol, including the transformation of Campbell's soup cans into iconic works of art. Although widely appreciated, this work has drawn criticism regarding copyright infringement, raising the question: where do one artist's rights draw on another? To what extent is the appropriation of copyright protected works considered legal without violating the rights of the original creator? The research results show that the two legal systems differ significantly in the aspects of exclusive rights, moral rights, protected works, exceptions, and duration of protection. The challenge in understanding fair use lies in determining the boundaries between the rights of one artist and another. The fair use doctrine assesses four main factors: the purpose and character of the use, the nature of the original work, the proportion of the work used, and the impact on the market. Courts in the US often favor fair use if elements of transformation are identified, measuring the extent to which the appropriated work carries elements of originality or new creativity. Indonesia could consider adopting the fair use doctrine by adapting the concept through ministerial regulations or other implementing regulations.
Copyright (c) 2025 Caitlynn Nadya Aurelia, Velliana Tanaya, Fajar Sugianto, Atsuko Yamamoto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Legal Framework of the State Intelligence Agency (BIN) as Coordinator of Intelligence Activities in Indonesia
This study analyzes the legal and operational challenges hindering Indonesia's State Intelligence Agency (BIN) from effectively coordinating national intelligence activities. Findings reveal that BIN's establishment via presidential regulation, rather than statutory law, weakens its authority over law-based agencies like TNI and Polri, causing coordination failures. The absence of constitutional recognition, a permanent coordinating body, and enforcement mechanisms further exacerbates these issues. Urgently, the research proposes: (1) elevating BIN's legal status through constitutional amendment, (2) creating a binding coordination body, and (3) implementing oversight safeguards. These reforms aim to strengthen Indonesia's intelligence system against dynamic threats while balancing centralized authority with democratic accountability. The study contributes a practical framework aligned with international best practices (Thailand and Netherlands) to address critical national security gaps.
Copyright (c) 2025 Gede Agung Patra Wicaksana, Eman Suparman, Edward Omar Sharif Hiariej, Zainal Muttaqin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Ideological Struggle in The Principle of Material Legality of the New Indonesian Criminal Code and its Future
This article emerged from the authors’ hypothesis that the principle of legality in the new Indonesian criminal code is hard to conduct because it should refer to 4 groundworks, namely Pancasila, UUD NRI 45, human rights, and the general principles of law. To prove this hypothesis, the authors use the theory of ideology to analyze the battle of values, ideas, and motives in the four. Based on the authors’ reading, the new Indonesian criminal code has expanded the principle of legality into two, namely, the principle of formal and material legality. In the next one, the authors found an ideological struggle in the principle of material legality of the new Indonesian criminal code, which includes the struggle of personal, political, and legal policy ideologies. So, the principle of material legality is challenging to enact because the competing ideologies negate each other. Finally, the authors recommend that the principle of legality be enforced by allowing power-sharing in legal jurisdiction between the Indonesian government and Indigenous law people.
Ideological Struggle, The Principle of Material Legality, The New Indonesian Criminal Code
Copyright (c) 2025 Muhammad Azil Maskur, Prof. Pujiyono, Irma Cahyaningtyas , Idang, Firsta Rahadatul ‘Aisy (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Bridging Digital Justice: A Comparative Study of E-Commerce Arbitration in Indonesia and Taiwan
The rapid expansion of e-commerce has significantly altered the global trade landscape, presenting legal challenges and opportunities, particularly in cross-border transactions. Arbitration has emerged as an effective mechanism for resolving e-commerce disputes, due to its enforceability and flexibility. The intersection between arbitration and e-commerce necessitates immediate attention as electronic signatures, digital contracts, and remote proceedings become more common. This study employed a normative legal approach to evaluate the arbitration frameworks of Indonesia and Taiwan in the context of e-commerce disputes. While Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) supports Indonesia's legal system, it lacks specific provisions on arbitration for digital commerce, particularly in international contexts. In contrast, Taiwan exhibits a more comprehensive system integrating its Electronic Signatures Act with arbitration practices, enabling a more significant adaptation to technological advancements. While Taiwan's Arbitration Act does not explicitly regulate remote hearings, the Code of Civil Procedure and Judicial Yuan's pertinent regulations permit remote hearings, video conferencing, and electronic evidence submission, thereby guaranteeing continuity and efficiency, particularly during the COVID-19 pandemic. According to this investigation, Taiwan's institutional and procedural preparedness for digital dispute resolution is more advanced. To augment its e-commerce arbitration skills, Indonesia must integrate digital technologies and address regulatory gaps within its arbitration system. The comparative research provides a distinct viewpoint on how both nations might mutually benefit from enhancing legal clarity, effectiveness, and cross-border enforceability within the digital economy.
Copyright (c) 2025 Istianah Zainal Asyiqin, Fadia Fitriyanti, Ani Yunita, M. Fabian Akbar, Tsai Pei-Fen (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Business Legal Policy in Indonesia, Ghana, and Vietnam: A Perspective from the Theory of Dignified Justice
This study aims to compare business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice and analyze the challenges and opportunities in their implementation. This research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice. The study’s findings reveal that business law policies in Indonesia, Ghana, and Vietnam have unique characteristics influenced by their respective legal systems, histories, and socio-economic conditions. The main challenges include complex bureaucracy, regulatory uncertainty, weak law enforcement, and widespread corruption, which hinder transparency and fair business competition. Indonesia adopts a mixed legal system with reforms such as the Omnibus Law (Job Creation Law) to simplify regulations. However, it still faces issues in licensing and legal protection for SMEs. Ghana, operating under a common law system, seeks to strengthen corporate governance through the Companies Act 2019 but continues to struggle with capital access and burdensome bureaucracy for businesses. Meanwhile, Vietnam, with its socialist legal system, has encouraged private sector growth through reforms like the Law on Enterprises 2020 but still faces challenges related to regulatory transparency and labor protection. All three countries have opportunities to enhance economic competitiveness through bureaucratic digitalization, more transparent legal reforms, and broader support for SMEs and startups. With more inclusive and stable policies, they can establish a fairer and more sustainable business law system from the perspective of dignified justice.
Copyright (c) 2025 I Gede Agus Kurniawan, Putu Aras Samsithawrati, Fradhana Putra Disantara, Mac Thi Hoai Thuong, Briggs Samuel Mawunyo Nutakor (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Challenging Electoral Integrity: The Constitutionality of the 'Empty Box' Victory in the 2018 Makassar Mayoral Election
Single-candidate regional elections have recently attracted significant attention, as previous regulations did not adequately address scenarios where fewer than two candidate pairs were running. The 2018 Makassar mayoral election, where the "Empty Box" (Kotak Kosong) emerged victorious against a single candidate, highlights a critical constitutional issue: whether such an outcome is consistent with the principles of democratic electoral integrity. In elections featuring only one candidate pair, the ballot contains two columns—one with the candidate's photo and name, and the other left blank. The constitutionality of allowing the "Empty Box" to win in such circumstances poses significant questions about the fairness of the electoral process and the safeguarding of citizens' constitutional rights. This research critically examines the legal implications of this electoral anomaly and explores the necessity for clear legislative frameworks governing single-candidate elections. The case offers important lessons for Indonesia’s political and electoral systems, emphasizing the need for constitutional and electoral reforms to protect citizens' rights—both the right to vote and the right to be elected—even when only one candidate is on the ballot. Furthermore, it underscores the urgency of political education for both political parties and the electorate to foster a more informed political culture. By analyzing the legal precedents, constitutional principles, and broader implications, this study contributes to the discourse on electoral reform, ensuring that Indonesia’s electoral system remains robust, fair, and reflective of democratic values.
Copyright (c) 2024 Muhammad Akbar, Maisa Maisa (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Decentralization and the Fulfilments of Children's Rights: Challenges and Opportunities for Local Government in Indonesia
The commitment of local governments to protect children in areas such as education, violence, and discrimination is illustrated by Banyumas Regency's Local Regulation Number 1 of 2021, which addresses child protection. However, several challenges persist in its implementation. This study investigates the role of decentralization through local regulations related to child protection, employing normative legal research methods that include a regulatory approach, conceptual analysis, and case studies. The findings indicate that Banyumas Local Regulation No. 1 of 2021 establishes a strong legal framework that significantly protects children from discrimination, violence, and educational inequities. Nevertheless, implementation faces numerous obstacles, including inadequate inter-agency coordination, insufficient infrastructure, limited funding, and a lack of public awareness regarding the importance of protecting children's rights. This research proposes increasing funding allocations through the Regional Budget and recommends creating a collaborative forum that includes local governments, relevant agencies, schools, community organizations, and law enforcement to enhance policy coordination and action. Furthermore, the government is urged to improve community outreach regarding decentralized regulations that protect children. Ultimately, it is crucial to evaluate and refine existing policies to ensure the protection of minors' rights and to provide legal security and certainty.
Local government policies, children's rights, regional regulation Banyumas
Copyright (c) 2024 Hariyanto Hariyanto, Ahmad Rezy Meidina, Mabarroh Azizah https://creativecommons.org/licenses/by-nc-sa/4.0
Decentralized Design of Dispute Resolution for Regional Head Elections in Indonesia
The pattern of resolving disputes in regional head elections still adheres to a centralistic system or is carried out by institutions at the central level even though regional head elections are a regime of regional government not central government. This study aims to outline the urgency and challenges of decentralizing dispute resolution of regional elections. At the same time, an ideal design form for election dispute resolution with a decentralized model is also offered ranging from relief, competence to procedural law. This research uses a normative type of research with an approach to the provisions of laws and regulations, concepts, and cases. The centralization of electoral dispute resolution has implications for regime misalignment, making for a corrupt judicial process and requiring high accommodation costs. The antithesis to the centralization model of dispute resolution is through decentralization, which is an election dispute resolution that is tried at the regional level according to the location of the election so that there is a harmony of the regime model between the dispute resolution regime and the electoral regime. The decentralization model starts from the judicial institutions that stand at the regional level, their absolute and relative competence and procedural law starting from subjectum letis, objectum letis and verdicts.
Copyright (c) 2024 Ahmad Siboy (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Transformation and Effects of Human Rights Protection on Determining Corruption Suspects as a Pretrial Object under the Indonesian Criminal Justice System
This study explores the transformation of human rights understanding and legal enforcement within the Indonesian criminal justice system, focusing on expanding the scope of pre-trial elements. The debate centers around balancing citizens' rights to protection with the public’s demand for legal certainty under the Indonesian Criminal Code (KUHP). This research presents a coherent approach to address this dilemma, aiming to establish legal certainty and justice in line with Article 28 of Indonesia’s 1945 Constitution. The central legal issue is the lack of clarity and certainty in the determination of suspects, particularly in corruption cases, due to legal gaps in the Indonesian Criminal Procedure Code (KUHAP). This uncertainty prevents victim compensation and rehabilitation, making it impossible for victims to seek legal redress. The study argues for a review of Law No. 8 of 1981 to strengthen victim protection in such cases. Findings reveal the crucial role of human rights in reforming pre-trial procedures, notably the inclusion of suspect determination as a pre-trial element under Constitutional Court Decision No. 21/PUU-XII/2014. This shift ensures that suspects’ rights are safeguarded, especially in corruption cases, aligning with Indonesia's obligation to uphold human rights and minimize unjust detentions. The study’s contribution extends to both national and global contexts, offering insights into the importance of legal reforms that safeguard human rights while ensuring justice and legal certainty. It recommends that the government implement legal measures to provide compensation and rehabilitation for victims of wrongful corruption suspect determinations.
Copyright (c) 2024 Eny Suastuti, Hayyan Ul Haq, Yudi Widagdo Harimurti, Deni Setya Bagus Yuherawan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Prominent Judicial Measures Applicable to Combat the Rising Complexity of Juvenile Delinquency in Developing Countries
Adopting international legal instruments and judicial models is critical for developing countries to better handle the increasing complexity of juvenile delinquency. These instruments and models formulate frameworks to balance the need for public safety with the rights and rehabilitation of juvenile offenders. This qualitative study aimed to exploit the secondary resources by employing a structural approach of comparative law methods and the most-similar and most-different systems design to propose the best strategy for addressing the rising complexity of juvenile delinquency in developing countries, taking Vietnam as a representative example. The results indicate that a hybrid approach prioritizing the Restorative and Welfare models for long-term rehabilitation, supported by Retributive measures in cases where deterrence is necessary, is likely the most practical solution in developing countries. While Restorative justice offers community-led resolutions and the Welfare model tackles root causes of delinquency, these require long-term investment and systemic support. In contrast, Retributive justice provides immediate responses but fails to resolve the deeper issues that drive juvenile delinquency. The research implications can help policymakers and justice systems in developing countries make informed decisions, considering the cultural, economic, and social context to effectively formulate a juvenile justice system that combats and prevents troublesome juvenile delinquency.
Judicial measures, juvenile delinquency, law enforcement, legal instruments, long-term rehabilitation
Copyright (c) 2025 Oanh Cao, Tuan Vu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Digital Transformation of Criminal Justice: A Comparative Examination of Indonesia’s E-Court System and Global Best Practices
In an era marked by the algorithmic mediation of human affairs, the pursuit of justice can no longer be disentangled from the architecture of digital systems that sustain it. The criminal justice system, long rooted in analog procedures and institutional inertia, faces an existential imperative: adapt or risk obsolescence. Within this context, digital transformation is not merely an administrative upgrade—it is a normative challenge to the principles of due process, transparency, and equality before the law. Indonesia’s hesitant transition toward e-criminal justice reveals a complex interplay of structural, legal, and epistemic limitations. This study aims to analyze the development of e-criminal justice in Indonesia by conducting a comparative assessment of successful digital judicial systems in the United States, the United Kingdom, and Singapore. Employing a normative legal research approach with a comparative legal method, this study examines primary and secondary legal sources to identify regulatory gaps, procedural challenges, and strategic solutions. The findings reveal that Indonesia’s legal framework remains insufficient in addressing key procedural safeguards, digital evidence authentication, and cybersecurity risks. Additionally, disparities in digital access, resistance from legal practitioners, and inadequate technological infrastructure hinder the effective implementation of e-criminal justice. Comparative analysis suggests that successful digital transformation requires a robust regulatory foundation, secure and interoperable digital platforms, structured judicial training programs, and policies ensuring digital inclusivity. To optimize its e-criminal justice framework, Indonesia must adopt a context-sensitive and adaptive strategy, balancing technological advancements with fundamental principles of procedural fairness and judicial integrity. Future research should explore the long-term impact of digitalization on judicial decision-making, the role of AI in legal processes, and the effectiveness of cybersecurity mechanisms in safeguarding judicial independence. This study contributes to the broader discourse on the intersection between technology and justice, providing recommendations for a sustainable and equitable digital transformation of Indonesia’s criminal justice system.
Copyright (c) 2025 Aristo Evandy A. Barlian, Atip Latipulhayat, Elis Rusmiati, Widati Wulandari, Ahmad Novindri Aji Sukma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Indonesia’s New Penal Code: Harmonizing with Global Justice or Defying International Norms?
This study critically examines Indonesia's new penal code through the lens of international legal norms, exploring whether it genuinely embodies the principles of global justice. Despite the code's ambitious reforms aimed at modernizing Indonesia's legal framework, our analysis reveals significant gaps between its provisions and internationally accepted standards, particularly in areas such as human rights, due process, and equality before the law. The urgency of this research lies in Indonesia's important role in Southeast Asia, where legal frameworks can influence regional governance and human rights practices. Novelty arises from our comparative approach, juxtaposing Indonesia’s penal code against a backdrop of global legal norms while considering local cultural and societal contexts. This study uncovers how the interplay between domestic priorities and international expectations can lead to compromises that undermine the integrity of justice. Our findings contribute to the ongoing discourse on legal reform in emerging democracies, highlighting the challenges of aligning national legislation with international standards. By providing concrete recommendations for policy makers, legal practitioners, and civil society, this research emphasizes the need for a holistic approach to legal reform that respects both local values and global commitments. Ultimately, we argue that Indonesia's new penal code is not just a legal document but a reflection of its aspirations for justice, demanding scrutiny and ongoing dialogue to ensure it meets the standards of global justice in practice.
Copyright (c) 2024 Ridwan Arifin, Riska Alkadri, Robert Brian Smith, Nucharee Nuchkoom Smith, Wahyudin Wahyudin https://creativecommons.org/licenses/by-nc-sa/4.0
Enhancing External Oversight of Constitutional Judges: A Study on the Role of the Judicial Commission in Indonesia and South Korea
This study addresses the urgent need for enhanced external oversight of constitutional judges in Indonesia and South Korea, driven by increasing concerns over judicial integrity and accountability. Recent instances of judicial misconduct and rising public dissatisfaction highlight the necessity for effective mechanisms that ensure transparency and ethical conduct among judges. The research investigates the roles and effectiveness of the Judicial Commissions in both countries, providing critical insights into their operations and impacts on judicial oversight. By employing a comparative approach, the study reveals the strengths and weaknesses of each commission’s framework, focusing on ethical guidelines, disciplinary processes, and public engagement strategies. It identifies best practices that could be adapted or improved to enhance judicial oversight, thereby fostering greater public trust in the legal system. The findings indicate that while both commissions aim to uphold judicial integrity, their effectiveness is influenced by contextual factors such as political dynamics and public perception. Additionally, this study explores the implementation of external oversight for Constitutional Judges in Indonesia, particularly in light of the establishment of the Constitutional Court following the 1945 Constitution amendment. Given the court’s crucial role in upholding constitutionalism, the exclusion of constitutional judges from oversight mechanisms is untenable. The Judicial Commission emerges as the most suitable body for external supervision, yet prior legislative efforts to integrate constitutional judges under its purview have been invalidated by the Constitutional Court. To rectify this, the study recommends amending Article 24B paragraph (1) of the 1945 Constitution to explicitly include "Constitutional Judges." This amendment is essential to ensure that all judges, including constitutional judges, are subject to the same level of external scrutiny. Ultimately, this research contributes to the broader discourse on judicial independence and accountability, offering actionable recommendations to strengthen oversight institutions and foster a more resilient judiciary in both Indonesia and South Korea.
Copyright (c) 2024 Suparto Suparto, Kim Hyeonsoo, David Hardiago, Rani Fadhila Syafrinaldi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Environmental Impact Assessment Discourse on Environmental Law Enforcement to Support Creative Tourism Industry: Overview from Indonesia and Spain
Activities in the creative tourism business can have a significant detrimental effect on the environment, including depletion of natural resources, pollution, and the physical impact of tourism. Environmental impact analysis, also known as EIA, and environmental law enforcement are critical to the creative tourism business. The EIA is a tool for preventing environmental pollution and/or damage, and enforcing environmental law is strongly tied to the apparatus's ability and citizens' compliance with applicable legislation, which covers three areas of law. The EIA is designed to keep environmental conditions at a certain level of quality to enable development continuity. EIA is one of the concrete tools for achieving and sustaining sustainable development. Since law enforcement is an attempt to ensure public order, as well as how crucial it is to comply with environmental law provisions to suppress the negative effects generated by environmental damage and pollution with the existence of tourism industry activities. This study is a normative legal study with applied statutory approach and conceptual approach. A literature review was undertaken to support the creative tourism industry, using primary and secondary legal documents in the form of legislation and legal literature that discuss EIA and environmental law enforcement.
Copyright (c) 2024 I Gusti Ayu Putri Kartika, Sri Winarsi, Rubén Martínez Dalmau, Bagus Hermanto https://creativecommons.org/licenses/by-nc-sa/4.0