The Pandecta Research Law Journal (e-ISSN: 2337-5418 | p-ISSN: 1907-8919) is a scholarly publication dedicated to the examination of contemporary legal issues in Indonesia. This journal specializes in Indonesian law and regularly publishes a broad range of articles across various legal domains. Committed to fostering international collaboration and knowledge exchange, the Pandecta Research Law Journal serves as a key platform for disseminating legal research and facilitating discussions on the evolving landscape of Indonesian law. Indonesia, as a developing nation, provides a rich and complex context for legal studies. The country's extensive jurisdiction is influenced by a diverse array of factors, including social politics, culture, ethnicity, religion, and local wisdom. These multifaceted elements contribute to the complexity and diversity of legal developments in Indonesia, making them both intriguing and significant for the global legal community. The interplay of these factors offers valuable insights into broader global legal dynamics and enhances understanding of legal systems worldwide. Title : Pandecta Research Law Journal Editor in Chief : Waspiah, S.H., M.H. ISSN : e-ISSN: 2337-5418 | p-ISSN: 1907-8919 DOI Prefix : 10.15294/pandecta Publisher : Faculty of Law, Universitas Negeri Semarang Frequency : Biannually (June and December)
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Digital Transformation of Public Services as an Instrument for Enforcing the Principles of Transparent and Accountable Governance: A Study on the DPMPTSP of Kendal Regency
Digital transformation in public services is a strategic step in enhancing the effectiveness, efficiency, and transparency of bureaucracy. This study employs a qualitative approach with an empirical juridical method to analyze the public service innovations implemented by the Investment and One-Stop Integrated Service Agency (DPMPTSP) of Kendal Regency in supporting good governance. Data were collected through interviews with DPMPTSP staff, direct observations of digital services, and an analysis of policy documents related to public service innovation. The findings indicate that various digital-based innovations, such as public service websites, geospatial information systems, business partnership platforms, and Self-Service Printing Kiosks (ACM), have positively impacted accessibility, streamlined licensing procedures, and strengthened bureaucratic accountability. However, the study also identifies challenges in system integration and human resource readiness in managing the implemented technology. Therefore, strengthening digital infrastructure, enhancing human resource capabilities, and optimizing service evaluation mechanisms are necessary to ensure the sustainability of these innovations and their alignment with good governance principles.
Copyright (c) 2025 Mulyono Adi Nugroho, Muhammad Azmi Syafiq , Indah Sri Utari, Rodiyah Tangwun (Author) https://creativecommons.org/licenses/by-sa/4.0
Indonesia's Dispute Against the European Union Related to The Nickel Ore Export: WTO Case Analysis
The purpose of this study is to examine the basis of the World Trade Organization (WTO) decision in favor of the European Union over Indonesia in the case of a ban on nickel ore exports by the Government of Indonesia and the appeal efforts that can be taken by the Indonesian government against the decision. This study uses normative legal research methods with conceptual and statutory approaches. The results of the study show that the basis of the WTO ruling in favor of the European Union over Indonesia in the case of the Indonesian Government's Nickel Seed Export Ban is that the Nickel Processing and Refining policy in Indonesia is proven to violate the provisions of WTO Article XI.1 GATT 1994 and cannot be justified by Articles XI.2 (a) and XX (d) GATT 1994. Indonesia is also deemed to be conducting a prohibited subsidy scheme under Subsidy and Countervailing Measures Agreement Article 3.1 through Minister of Finance Regulation (PMK) No. 76 Year 2012. The appeal has been taken by the Indonesian government officially in December 2022 and is still waiting for the formation of the WTO Appellate Body. Indonesia has a great opportunity to win a dispute at the WTO if Indonesia can prove the existence of national laws governing international trade, especially in the mining sector.
Copyright (c) 2025 Dinar Al Qadri, Nur Hidayani Alimuddin, Muhammad Fadly Saleh, Jusafri, Suarni S (Author) https://creativecommons.org/licenses/by-sa/4.0
Protecting Start-Up Workers: Social Security and Decent Employment in the Gig Economy Era
The growth of start-ups in Indonesia in the GIG economic era brings new challenges related to social security protection for workers. This study aims to examine the legal protection of start-up workers in obtaining social security and decent working conditions, especially in the context of the risk of losing their job. The main problem raised is the lack of optimal regulations that protect startup workers who are generally informal and do not have formal employment relationships. The research method used is a normative legal method with a statute and conceptual approach, using primary, secondary, and tertiary legal materials. The results show that startup workers face high vulnerability to termination of employment (PHK) without adequate social security protection. Although there is a unemployment benefits program through the Job Creation Law, its implementation is not inclusive of non-formal workers. This study concludes the need for regulatory changes to be more inclusive, as well as the need to recognize the status of startup workers in the social protection system. Collaborative efforts between governments, startups, and digital platforms are essential to expand social security coverage, to ensure decent working conditions for all workers in the digital age and GIG economy.
Copyright (c) 2025 Agusmidah, Holongi Theonia Lampungu Sitorus, Fithriatus Shaliha, Afriansyah Tanjung, Arum Anggraeni Maulida (Author) https://creativecommons.org/licenses/by-sa/4.0
Green Politics and Parties: Strategies for internalising Green Politics in Indonesia
This study aims to put forward the idea of a strategy for internalising Green Politics in Indonesia by looking at good practices in other countries such as the practice of green party campaigns in Australia and the presence of Green Parties in Germany. This study uses Qualitative research. This method was chosen to analyse and deeply explore important issues related to Green Politic in this study. This study concludes that there are 2 (two) efforts to internalise Green Politic in Indonesia, namely First, by initiating an environment-based social movement into political parties in Indonesia such as the practice carried out by the Indonesian Forum for the Environment (WALHI) by looking at the good practices of the Green campaign in Australia and the second is the idea of internalising Green Politic through the formation of Green Parties in Indonesia such as the practice of green parties in Germany with the hope that these two efforts can make changes, especially in efforts to do justice in the environmental field through the process of formulating policies that are in favour of environmental issues in Indonesia.
Copyright (c) 2025 Rico Septian Noor, Kiki Kristanto, Ariani Yestati, Joanita Jalianery, Evi (Author) https://creativecommons.org/licenses/by-sa/4.0
Indonesia's Carbon Trading as a Decarbonization Effort in Achieving the Enhanced Nationally Determined Contribution (ENDC) Target
Carbon trading is one of the instruments in efforts to reduce emissions and encourage decarbonization. As a country with significant emissions, Indonesia contributes to global emissions reductions through carbon trading mechanisms conducted directly or through the Indonesia Carbon Market (IDXCarbon). However, carbon trading in Indonesia faces challenges such as lack of participation and issues that influence businesses decision to participate. This study aims to analyze the causes of low carbon trading in Indonesia and evaluate companies' efforts to reduce emissions, using empirical normative research methods, as well as qualitative data analysis with inductive methods. The results show that Indonesia's carbon trading is currently mandatory for the energy sector - power generation subsector, especially coal-fired power plants as the largest emission-contributing sector. While other sectors are still implementing carbon trading voluntarily. However, the obligation has not been followed by strict sanctions such as fines, but only administrative sanctions which are considered less effective. Therefore, there is a need for additional arrangements regarding fines. In addition, former President Joko Widodo's statement at the inauguration of IDXCarbon that Indonesia's carbon trading potential through the carbon exchange could reach Rp3,000 trillion has not been optimized, as evidenced by the low frequency of transactions and limited market participation. On the other hand, carbon trading has also not become the main choice for listed companies as a form of decarbonization, but only as an additional option to reduce their emissions.
Copyright (c) 2025 Kharren Hadi, Jerry Shalmont (Author) https://creativecommons.org/licenses/by-sa/4.0
The Executorial Power of the Stipulation on The Division of Joint Property Based on a Peace Agreement In a Divorce Case
The purpose of this study is to determine and analyze the executorial power of the verdict regarding the division of joint property on the basis of a peace agreement as outlined in a divorce verdict in the Religious Court, the differences in views between the Judges of the Banjar City Religious Court in West Java and the Head of the Banjar City Land Office in West Java regarding the executorial power in the peace agreement as outlined in divorce verdict number 722/Pdt.G/2020/PA/Bjr, and solutions to the differences in views regarding the executorial power in divorce verdict number 722/Pdt.G/2020/PA/Bjr. This type of research is empirical normative research. Data obtained based on library data research, namely primary, secondary and tertiary legal materials, then continued with primary data. The collected data is analyzed qualitatively and presented descriptively. The results showed that the executorial power in divorce verdict number 722/Pdt.G/2020/PA.Bjr is in the irah-irah which reads “For the Sake of Justice Based on God Almighty”. The decision is condemnatory or punishment imposed on the applicant and respondent to implement the peace agreement. The transfer of land rights based on a court decision can be carried out based on the provisions of Article 55 of Government Regulation Number 24 of 1997 or using a grant deed provided that the clause contains a peace agreement resulting from the mediation on November 30, 2020.
Copyright (c) 2025 Hartini Hartini, Ravilka Yustitia Ismail (Author) https://creativecommons.org/licenses/by-sa/4.0
Efforts To Prevent Criminal Acts Of Corruption By The Repbulic Of Indonesia Prosecutor Office Trough The Return Of State Financial Losess Reviewed From The Value Of Justice
Corruption is a global challenge that crosses national borders and various sectors of development. This act of corruption is not only a threat to economic stability, but also becomes an obstacle in achieving sustainable development. The state has a responsibility to fulfill the rights to basic community needs in the context of public services. The Indonesian government, as mandated by the Constitution of the Republic of Indonesia regarding public services, has an obligation to build public trust in accordance with the demands and expectations of the community. This article discusses the problem of how the Prosecutor's Office attempts to recover state financial losses by perpetrators of criminal acts of corruption and the concept of recovering state financial losses based on the values ​​of welfare and justice. The method used in this writing is a normative research method. The results of this research are the efforts that can be taken by the Prosecutor's Office of the Republic of Indonesia to recover state financial losses caused by criminal acts of corruption, which can be started at the investigation stage. So that the implementation of a punishment based on the values ​​of welfare and justice will provide benefits to the state structure and improve the welfare of the Indonesian nation.
Copyright (c) 2025 Rizky Ika Pratiwi, Pujiyono, Budi Ispriyarso (Author) https://creativecommons.org/licenses/by-sa/4.0
Elaboration of Legal Anthropology and Anthropolinguistic Studies on the Existence of the Moronene Tribal Community After the Determination of the Hukaea Laea Traditional Area
Elaboration of legal anthropology and anthropolinguistic studies places the Moronene indigenous people as speakers who live communally with certain standards in maintaining customs and managing natural resources. This research aims to determine the existence of the Moronene indigenous community after the establishment of the Hukaea Laea customary area and to find the concept resulting from the elaboration of legal anthropology and anthropolinguistics studies. This research uses a theoretical (legal anthropology and anthropolinguistic) framework as a guide that serves as a guide for empirical research in the field. The research findings indicate that the implementation of legal anthropology studies to elucidate the existence of the Moronene Indigenous community encompasses the historical recognition of Moronene customary land rights and the legal norms applicable within the community. Meanwhile, the implementation of anthropolinguistics reveals that language is not only a means of communication but also a tool for affirming the existence and sustainability of Indigenous culture. The result of the elaboration of these two fields is the concept of sustainable tourism, that aims to minimize the impact on the environment and socio-cultural aspects while also providing economic benefits to the local community.
Copyright (c) 2025 Nur Hidayani Alimuddin, Jusafri, Muhammad Rahmat Alimuddin, Nur Ihsan Halil, Irsan Rahman (Author) https://creativecommons.org/licenses/by-sa/4.0
The Authority of the Deposit Insurance Corporation as a Neo Lender of Last Resort: Prudential Principles and Risk Management from the Perspective of Monetary Constitutionalism
Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector has given a new authority to the Deposit Insurance Corporation (LPS) to place funds in order to handle bank liquidation problems. This authority makes LPS like a neo Lender of Last Resort (LoLR) institution that the central bank generally plays. The placement of funds by LPS can pose a great risk considering that the bank that receives the placement of funds falls into the category of banks under the restructuring of the Financial Services Authority (OJK) and does not meet the requirements of receiving loans or short-term liquidity financing from Bank Indonesia (BI). The research shows that: first, the authority of LPS as a neo LoLR in the form of fund placement can still be debated because it creates a double LoLR that is not in accordance with the principle of division and separation of powers. However, in a historical perspective, the authority to place LPS funds has existed since the mass economic crisis conditions caused by COVID-2019 with the issuance of PP No. 33 of 2020. Second, BI’s short-term liquidity loans or financing have more comprehensive requirements than the requirements for the placement of funds from LPS. These different requirements are very dangerous because they have the potential to ignore the character of predictability and knowledge in monetary constitutionalism. Even if the authority to place LPS funds exists, the implementation must apply the principles of prudence and risk management to anticipate potential unpredictable losses.
Copyright (c) 2025 Teguh Tresna Puja Asmara, Mei Susanto, Muhammad Yoppy Adhihernawan (Author) https://creativecommons.org/licenses/by-sa/4.0
Effectiveness of Patent License Arrangements in Encouraging Technology Transfer in Indonesia
Patent licensing is an important instrument in promoting technology transfer, especially in developing countries like Indonesia. However, the implementation of patent licensing still faces various challenges, both from the regulatory side and in practice on the ground.This study aims to evaluate the effectiveness of patent licensing legal regulations based on Law Number 13 of 2016, as well as to identify structural and institutional barriers in its implementation. Using a normative legal approach complemented by empirical literature studies, this research found that the lack of detailed regulations regarding the substance of licenses and the weak government oversight are the main obstacles. Derivative regulations and the strengthening of reporting and evaluation mechanisms are needed so that patent licenses truly function as a means of sustainable and fair technology transfer.
Copyright (c) 2025 Nur Aisyah Thalib, Abd Thalib (Author) https://creativecommons.org/licenses/by-sa/4.0
Digital System Innovation to Strengthen the Constitutional Court in Managing Simultaneous Election Disputes Indonesia
This study examines the overburdening of the Constitutional Court (MK) due to the high volume of regional head election (pilkada) disputes, which has led to case backlogs, reduced legal efficiency, and increased state expenditures. Although institutions like Bawaslu and PTUN also have authority to resolve these disputes, many cases are submitted directly to MK, bypassing other mechanisms. Using a normative juridical method that includes legal analysis, historical context, comparative law, and case studies, the research evaluates previous dispute resolution practices and proposes a digitalization-based reform. Key challenges identified include procedural inefficiencies, high costs, and a lack of institutional coordination. The current system is viewed as suboptimal, with many disputes producing outcomes that fail to satisfy parties involved. To address these issues, the study proposes a digital platform aimed at streamlining the resolution process through integrated case registration, document submission, and inter-agency coordination. This system would reduce MK’s caseload, cut operational costs, and enhance transparency and accountability via real-time monitoring. By reinforcing the roles of Bawaslu and PTUN, the platform could help redistribute dispute resolution authority more effectively. The study concludes that digital transformation offers a viable solution to improve the efficiency, fairness, and cost-effectiveness of pilkada dispute resolution in Indonesia.
Copyright (c) 2025 Geofani Milthree Saragih, Fauzan Ghafur, Indana Zulfah , Zean Via Aulia Hakim, Tarmudi (Author) https://creativecommons.org/licenses/by-sa/4.0
Strengthening Legal Certainty of Marriage Contract (Ijab Kabul ) via Telecommunications in the Digital Era and Its Alignment with Sustainable Development Goal : Case of Indonesia
This research investigates the legal implications and challenges of adapting ijab kabul (Islamic marriage contract) to the digital era in Indonesia. The rise of telecommunications technologies—especially video calls—has enabled remote marriages during the COVID-19 pandemic and in geographically separated contexts. While digital ijab kabul offers efficiency and broader access, questions persist regarding its legal validity, potential for fraud, and regulatory ambiguity. Currently, Indonesia’s Marriage Law No. 1 of 1974 requires physical presence for marriage to be legally valid. However, the Indonesian Ulema Council (MUI) has issued a fatwa allowing digital ijab kabul under specific conditions: real-time audiovisual communication, verified identities, and a shared session (ittihad al-majlis). These criteria demonstrate partial acceptance of digital presence under Islamic law, yet lack binding legal force. Using a normative juridical approach, this study analyzes statutory law, Islamic legal doctrines, and international comparisons with countries like Malaysia, Saudi Arabia, and the UAE. These nations have developed legal frameworks for digital marriage by enforcing identity verification (biometrics, e-signatures) and procedural integrity. The study proposes that Indonesia revise Article 26 of the Compilation of Islamic Law (KHI) to explicitly recognize digital ijab kabul, harmonizing it with Law No. 11/2008 on Electronic Information and Transactions (ITE Law). By formally acknowledging digital presence within ittihad al-majlis, Indonesia can ensure greater legal certainty and protect vulnerable parties. This legal reform supports Sustainable Development Goal (SDG) 16 by promoting access to justice, enhancing legal institutions, and fostering trust in digital innovations within religious and civil legal systems.
Copyright (c) 2025 Muhyidin, Budi Setyawan, Mas nooraini hj mohiddin, Ro’fah Setyowati, Aisyah Ayu Musyafah, Agus Sarono, Islamiyati (Author) https://creativecommons.org/licenses/by-sa/4.0
A Discourse of Personal Data Protection: How Indonesia Responsible under Domestic and International Law?
The rapid advancement of digital technology has heightened concerns regarding personal data protection, particularly in Indonesia, where regulatory frameworks are still evolving. The ransomware attack on Indonesia’s National Data Center (Pusat Data Nasional/PDN) on June 20, 2024, which led to the leakage of citizens’ personal data and disrupted public services, has sparked widespread public criticism and demands for stronger data protection measures. This incident highlights Indonesia’s weak national cybersecurity system and raises critical questions regarding the state’s responsibility for safeguarding personal data under both domestic and international law. The findings reveal that while Indonesia has enacted Law No. 27 of 2022 on Personal Data Protection, its enforcement remains weak, leaving citizens vulnerable to cyber threats. From an international law perspective, Indonesia is obligated to protect personal data under frameworks such as the International Covenant on Civil and Political Rights (ICCPR) and the Responsibility of States for Internationally Wrongful Acts (RSIWA 2001). However, gaps in implementation, lack of institutional coordination, and inadequate cybersecurity infrastructure continue to hinder effective protection. The novelty of this research lies in its dual legal analysis, bridging domestic and international legal responsibilities while examining the broader implications of state accountability in cybersecurity governance. This study contributes to legal discourse by proposing reinforced legal frameworks, improved institutional coordination, enhanced international cooperation, and the adoption of sophisticated cybersecurity technologies. Strengthening legal, social, and cultural structures is essential to prevent future data breaches and ensure comprehensive protection of Indonesian citizens’ personal data.
Copyright (c) 2024 Arnanda Yusliwidaka, Muhammad Ardhi Razaq Abqa, Khansadhia Afifah Wardana (Author) https://creativecommons.org/licenses/by-sa/4.0
Initiating a Marketing Mix in The Regulation of The Sale of State-owned Assets
State properties (BMN) that are auctioned do not always sell well at the first opportunity. Failure in the first auction could have an impact on the increasingly uneconomic value of the BMN because the condition can get worse/obsolete. This condition triggers the idea of implementing a marketing mix in regulations so that BMN sales are more optimal. This is legal research, intending to analyze the implementation of the principle "economically more profitable for the country", as well as analyzing the marketing mix as an aspect that can be considered in regulations, especially in the BMN sales process. This study uses a normative juridical method with a conceptual approach. Using primary legal materials and secondary law, processed and analyzed qualitatively, reinforced by the opinions of expert sources. The results of the study found that the 7 aspects of the marketing mix (product, price, place, promotion, people, physical evidence, and process) do not conflict with the principle "economically more profitable for the country". Overall, the marketing mix deserves to be considered in the sale of state-owned goods to be abolished. Sales of BMN with the application of a marketing mix according to marketing principles are expected to increase the potential for state revenues, and legally be more adaptive to the community.
Copyright (c) 2025 Tri Trisulo (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Framework of Indonesia’s Energy Transition: Regional Autonomy and Chinese Investment in Green Development
In response to global efforts to reduce greenhouse gas emissions, Indonesia is promoting the adoption of electric vehicles (EVs), particularly battery-based electric motor vehicles (KBLBB), most of which are imported from China. This initiative aligns with the national commitment to achieve Net Zero Emissions by 2060 and transition from fossil fuels to renewable energy. The government has issued several legal instruments, including Presidential Decree No. 79 of 2023 and Presidential Instruction No. 7 of 2022, the latter mandating the use of KBLBB for official vehicles by regional governments. However, implementation at the regional level remains limited. Despite their potential as role models, local governments have not widely adopted KBLBB, in contrast to the central government. This discrepancy is attributed to the non-binding nature of presidential instructions and the autonomy granted to regional governments under Indonesia's decentralization framework. Using a normative juridical method with statutory and conceptual approaches, this study analyzes the effectiveness and legal enforceability of these policies. The key issue lies in the normative authority of presidential regulations versus local autonomy. The study argues that achieving a just and inclusive energy transition requires equitable adoption of KBLBB across all regions. Where regional governments face financial or infrastructural constraints, central government support is essential. Encouraging foreign particularly Chinese investment could accelerate infrastructure development and expand access to EV technology nationwide. Strengthening legal mandates and enhancing intergovernmental coordination are critical to advancing Indonesia’s sustainable transportation agenda
Copyright (c) 2025 Emmanuel Ariananto Waluyo Adi, William Ong, Marhaeni Ria Siombo (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection For Informal Workers In Realizing Decent Work To Achieve The Sustainable Development Goals
Goal 8 of the Sustainable Development Goals aims to promote inclusive and sustainable economic development, provide full and productive employment, and ensure decent work for all individuals. Regrettably, in Indonesia, the concept of decent work encompassing social security, workers' rights, social dialogue, and employment is exclusively applicable to the formal economic sector, neglecting the informal economic sector, which comprises unregulated wage workers, employers, and homeworkers. Indeed, informal economic development is a fundamental foundation of the nation's economy. Achieving this type of decent work is a goal for sustainable development and would help support a lasting economy, as stated in Article 28, paragraph (2) of the constitution. This research seeks to examine the legal safeguards for labor and decent work, the realization of labor rights post-labor legislation, and the correlation between employment and sustainable development. The research methodology used is normative, using both a conceptual framework and an analysis of laws and regulations. This study's findings indicate a correlation between employment and sustainable development. An adept workforce may expedite the nation's developmental trajectory, enabling it to compete with more advanced nations. The results will positively influence the process of entering new markets.
Copyright (c) 2025 Athari Farhani, Imam Budi Santoso, Wiwin Triyunarti, Faiqah Nur Azizah (Author) https://creativecommons.org/licenses/by-sa/4.0
Politics and Law Implementing the New Normal Pandemic Covid -19 in Society di Bandar Lampung City
The Covid-19 pandemic and the spread of its new variants are still ongoing, causing many casualties worldwide, including in Indonesia, and impacting all sectors of life. The government has taken measures such as issuing regulations to combat the coronavirus pandemic, along with derivative regulations at the regional level, and launching a mass vaccination program to protect citizens from contracting this outbreak. Based on the above description, the objectives of this research are to identify and analyze 1) the alignment of the implementation of the new normal policy with the objectives of the state in the context of the Covid-19 pandemic; 2) the implementation and impact of the new normal in promoting a healthy lifestyle in Bandar Lampung City; and 3) the main factors that hinder the implementation of the new normal concept in Bandar Lampung City. This research is a normative and empirical legal study based on socio-legal aspects. The social settings are the local government offices of Bandar Lampung City, and the object of this research is the role of the local government of Bandar Lampung City in protecting the community, particularly in preventing the spread of the Covid-19 outbreak. Data were obtained through document studies and interviews, then validated through source analysis and research methodology. Based on the research, it was found that the condition of the Covid-19 outbreak with its new variants is currently fluctuating, tending to gradually decrease. However, the government remains vigilant regarding the fluctuating spread of the Covid-19 outbreak. Advisories for mask usage, vaccination, and health protocols are continuously disseminated to the public. Moreover, the participation of community leaders along with task forces in their respective areas is very useful in prevention and guidance to support the implementation of Covid-19 management. Thus, the new normal life can be applied by using health protocols in each environment.
Copyright (c) 2024 Rj Agung Kusuma Arcaropeboka, Afriadi Bin Sanusi (Author) https://creativecommons.org/licenses/by-sa/4.0
Regulating Alternative Crowdfunding: Legal Challenges in Advancing Indonesian SMEs Amid Consumer Protection, Transparency, and Strict Platform Oversight—A Comparison with Austria
Alternative crowdfunding has emerged as a vital financing solution for Small and Medium Enterprises (SMEs) in Indonesia, offering funding opportunities beyond traditional financial institutions and fostering economic growth. However, the Indonesian government must address risks such as fraud, personal data misuse, and investor losses by ensuring strong legal protection and regulatory oversight. This study examines the legal framework for equity-based crowdfunding and SME empowerment in Indonesia, drawing comparative insights from Austria’s well-established regulations. The novelty of this research lies in its comparative approach, which highlights regulatory asymmetries affecting investor confidence and SME access to funding. The urgency is underscored by Indonesia’s rapidly expanding digital finance sector, where weak governance could undermine crowdfunding’s potential. This normative legal study employs a descriptive-analytic approach, integrating legislative and conceptual perspectives from both jurisdictions. Findings indicate that Austria enforces investment limits, stringent platform accountability, and robust law enforcement, ensuring market stability while supporting SMEs. Conversely, Indonesia should ease SME access to crowdfunding while implementing investment caps to mitigate investor risks. Moreover, Austria’s strong judicial oversight and auditing mechanisms serve as a model for Indonesia, which requires enhanced regulatory enforcement and institutional capacity. This study contributes to legal scholarship by proposing a balanced regulatory model that fosters SME participation while ensuring investor protection, transparency, and sustainable market growth. By adopting best practices from Austria and Europe, Indonesia can refine its crowdfunding regulations to drive economic development while maintaining a secure financial ecosystem.
Copyright (c) 2024 Yudha Alfiani Yudha, Syaugi, Rofiul Wahyudi (Author) https://creativecommons.org/licenses/by-sa/4.0
Feasibility Analysis Of Implementing Alternative Dispute Resolution In Tax Dispute Settlement In Indonesia
The number of cases and the backlog of tax disputes in Indonesia underline the need to reform the dispute resolution system. To avoid prolonged dispute resolution and minimize the backlog, other dispute resolution areas, particularly civil disputes, recognize the non-litigation route known as Alternative Dispute Resolution (ADR). What are the opportunities for ADR in resolving tax disputes? ADR is less suitable for resolving tax disputes. This is due to the nature of tax disputes, which fall under public law, where the state's tax collection is based on norms established by law. If ADR is implemented, it may create opportunities for discretion on the part of tax officials, leading to the potential for abuse of authority.
Muhammad Ikhwanurrohiim Septenta Susila Wibawa
Copyright (c) 2024 Nabitatus Sa'adah, Budi Ispriyarso, Kadek Cahya Susila Wibawa, Lery Kristofer Panjaitan Susila Wibawa, Muhammad Ikhwanurrohiim Septenta Susila Wibawa (Author) https://creativecommons.org/licenses/by-sa/4.0
Philosophical Discourse Relationship Articles 1 and 2 of the National Criminal Code, Such as Relationship of Human Body and Soul
KUHP is the result of a critical breakthrough for the Indonesian nation. What is interesting point about the National Criminal Code is that it accommodates the principle of material legality in addition to the principle of formal legality. The arrangement of the quo principle is assumed to be similar to the reality of the relationship between the human body and soul. This article wants to discuss philosophically and conceptually 4 main things related to the reality of the Legality Principles of the Indonesian National Criminal Code. First, discuss the concept of philosophical presuppositions regarding the relationship between Articles 1 and 2 of the National Criminal Code and the relationship between body and soul in human reality according to several philosophers. Second: discuss the basic ontological reality of Article 1 of the National Criminal Code. Third: discuss the basic ontological reality of Article 2 of the National Criminal Code. Fourth: discuss the philosophical relationship between the two provisions of Article a quo. This research is normative legal research with a philosophical and legal approach. The results of the research show: First: the concept of philosophers' thinking, which in its essence really emphasizes the element of human unity as a complete reality composed of soul and body. Second: in ontological reality, the provisions of Article 1 of the Indonesian Criminal Code are laws and are a logical risk of modern law (legal positivism) which prioritizes the reality of visible and objective phenomena. Third: that in ontology the provisions of article 2 of the Indonesian Criminal Code are anthropological facts of the Indonesian people themselves starting from the journey of civilization, Pancasila as the basis of philosophy, the source of all sources of law, and the 1945 Constitution as the source of legal order (normative constitution). Fourth: the form of philosophical relationship between the two a quo provisions appears in the juridical, moral, and sociological synthesis of the new Indonesian Criminal Code.
Copyright (c) 2024 Fransiskus Saverius Nurdin (Author) https://creativecommons.org/licenses/by-sa/4.0
Penal Policy: Decriminalization of Election Crimes in Indonesia
Several election crime articles in Law No. 7/2017 are suspected of causing injustice to subjects who commit election infractions, particularly civil servants, village heads, and election organizers. The potential for injustice arises because the imposition of election crimes on civil servants, village heads, and election organizers causes all three to receive double jeopardy, although double jeopardy is contrary to the constitution and human rights, meaning that enacting election crimes is unfair to all three. These intrigues should be resolved immediately to achieve legal justice for all three. To answer these dynamics, further research needs to be carried out to find out where the injustice lies and the appropriate solution to overcome it. This research utilizes normative legal or doctrinal to examine injustice and find appropriate advisers. The penal policy approach is the right measure to eliminate injustice in election crime articles in Law No. 7/2017. This injustice is precisely in Articles 490, 494, and 546 of Law No. 7/2017 which regulates criminal sanctions for civil servants, village heads, and election organizers who commit election crimes. Decriminalization of Articles 490, 494, and 546 of Law No. 7/2017 needs to be applied because the application of these three articles has caused civil servants, villages, and election organizers to receive double jeopardy, while double jeopardy is contrary to the constitution and human rights so that the application of these three articles is real injustice.
Copyright (c) 2024 Muhammad Azil Maskur, Pujiyono, Irma Cahyaningtyas, Wildan Azkal Fikri, Faikar Sir Zadataqi (Author) https://creativecommons.org/licenses/by-sa/4.0
Toward Equal Access to Justice: Can Regulating Attorney Fees Ensure Fairness and Broaden Legal Access in Indonesia?
In Indonesia, the role of attorneys in resolving legal issues is indispensable, yet the absence of standardized attorney fee regulations has led to significant barriers in accessing legal services. Despite attorneys' rights to receive fees for their services, the lack of clear guidelines has resulted in public perception that hiring legal representation is a luxury, with many unable to afford it. This study explores the urgent need for state regulation of attorney fees to ensure fairness and broaden access to justice for all segments of society. The findings indicate that the lack of fee standardization contributes to inequities in the legal system, creating barriers for lower-income individuals to access legal assistance. Furthermore, it reveals that establishing a clear regulatory framework would provide legal certainty, protect consumers, and promote a more equitable system for all citizens. The novelty of this research lies in its exploration of attorney fees as a critical element in improving access to justice in Indonesia, framing the issue beyond economics and highlighting its social justice implications. By addressing the urgency of regulating attorney fees, the study contributes to the ongoing legal reform discourse, providing policy recommendations for creating a fee structure that balances fairness with professional responsibility. The research emphasizes that deliberative processes, considering factors such as case complexity, impact, and operational costs, should guide the determination of fees. Ultimately, the study presents a compelling argument for rethinking how attorney fees are regulated to ensure that justice is accessible to all, not just the wealthy.
Copyright (c) 2024 Nurani Tri Utami, Tedi Sudrajat, Setya Wahyudi, Umi Khaerah Pati (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Anti-SLAPP Regulatory Renewal in Indonesian Environmental Law
Indonesian Environmental Law has regulated Anti-Strategic Litigation Against Public Participation (Anti-SLAPP) which guarantees protection to everyone who fights for the right to a good and healthy environment, not to be criminally prosecuted or sued civilly, as stipulated in Article 66 of the UUPPLH. Hope is still far from reality, because data shows that many communities and/or environmental warriors are victims of SLAPPs as part of the backlash from those they report or oppose when they participate and defend people's right to a good and healthy environment. This article aims to discuss; (1) Problems of Anti-SLAPP Regulation and Application in Indonesia and (2) The Urgency of renewal Anti-SLAPP Regulations in Indonesian Environmental Law. The research method uses normative juridical methods. The results of the discussion showed that (1) the problems of regulating and implementing Anti-SLAPP include three elements, namely legal substance problems, legal structure problems and problems in legal culture: and (2) There are at least 7 reasons that cause the urgency of renewal of Anti-SLAPP Regulations in Indonesian environmental law to be able to realize the protection of society participation in environmental protection and management.
Copyright (c) 2024 Ubaidillah Kamal, Ali Masyhar, Muhammad Adymas Hikal, Rayi Kharisma, Siti Hafsyah Idris https://creativecommons.org/licenses/by-sa/4.0
Indonesia's Accountability as a State That Did Not Ratify the 1951 Refugee Convention on the Rohingya Ethnic Group in the Perspective of International Human Rights
of Rohingya ethnic refugees who come to Indonesia where Indonesia has not ratified the 1951 Refugee Convention so that it poses its own challenges in dealing with Rohingya refugees, so human rights aspects and various moral and empathetic efforts are still needed. The study uses a normative legal approach to analyze legal frameworks relevant to the Rohingya ethnic situation, highlighting the human rights protections provided by international legal instruments such as the UN Universal Declaration of Human Rights. The ongoing conflict in Myanmar shows the allegations/assumptions of systematic human rights violations, showing the need for joint action in upholding human rights principles. Although Indonesia has not ratified the 1951 Refugee Convention, the state has a moral and legal obligation to respect human rights, including in addressing the problem of the arrival of the Rohingya in terms of seeking asylum and shelter. The protection of refugees, including the Rohingya, is a fundamental moral and legal responsibility of the international community, which includes the Indonesian government. The Indonesian government has also taken steps to provide protection to refugees, including working with UNHCR in finding solutions for Rohingya refugees in Aceh. In the absence of Indonesia ratifying the refugee convention, moral and legal efforts are still needed to ensure proper protection for Rohingya refugees and uphold human rights principles at the international level.
Copyright (c) 2024 Ahmad Lukman Hadi, Kholifatul Muna, Fanisa Mayda Ayiliani (Author) https://creativecommons.org/licenses/by-sa/4.0
Optimization of E-Litigation in the Settlement of Divorce Cases at the Bangkinang District Court
The presence of E-Litigation, a Supreme Court innovation to merge procedural law with technology, reflects Indonesian judicial administration in the digitalization era. The existence of E-Litigation as a practical application of the principle of simplicity, speed, and cheap cost is not yet optimal. The Supreme Court Regulation Number 1 of 2019 on Electronic Court Case Administration regulates e-litigation proceedings. Improvements have been made to the legislation. Based on the foregoing, it is judged necessary and urgent to investigate optimizing e-litigation in the settlement of divorce cases at the Bangkinang District Court. The study sought to explain the effectiveness of e-litigation in resolving divorce cases at the Bangkinang District Court. Sociological legal research is an empirical study that seeks to uncover theories about the incidence of law in society. The data was gathered through interviews with judges Syofia Nisra, Ersin, and Aulia Fhatma Whidhola. Not only are the rules for e-litigation processes being reviewed, but so are the hurdles to e-litigation settlement of divorce cases at the Bangkinang District Court. This study is likely to make a significant contribution to legal innovation in the subject of civil procedure law. The settlement of divorce cases through e-litigation will alter the practice of litigating in court. The notion of complicating divorce is analogous to an emergency door on an airplane that should not be utilized unless necessary to overcome a problem. E-litigation processes at the Bangkinang Court have not gone smoothly because the parties do not comprehend and lack suitable electronic gadgets, even though the Court already possesses all of the necessary equipment and facilities.
Copyright (c) 2024 Pandecta Research Law Journal https://creativecommons.org/licenses/by-sa/4.0
Failure Of Diversion And Fulfillment Of The Best Interests Of Children In Conflict With The Law
This study critically examines the failure of diversion programs in fulfilling the best interests of children in conflict with the law. Diversion, which aims to redirect juvenile offenders from the formal justice system toward rehabilitation, has been a key principle in juvenile justice systems. However, its failure to achieve effective outcomes—particularly in safeguarding children’s rights and welfare—remains a pressing concern. This research aims to identify the factors contributing to the failure of diversion, associating these with the broader endeavor to protect and promote the best interests of children. The study reveals several factors leading to the failure of diversion: the lack of consensus between victims and offenders or their families, the non-implementation of agreements, and differing interpretations of key legal provisions under Article 3 of Perma No. 4 of 2014 and Article 7 of the Juvenile Criminal Justice System Law (SPPA). These factors have contributed to inconsistencies in the application of diversion measures. Despite these failures, the study finds that the law still offers avenues for protecting the best interests of children, particularly when diversion is successful. Achieving effective diversion can lead to faster, simpler, and lower-case examinations, promoting rehabilitation and reintegration over punishment. The study contributes to the national and global discourse on juvenile justice by highlighting the challenges of implementing diversion programs and offering insights for reform.
Copyright (c) 2024 Waluyadi, Muslikhah, Montisa Mariana (Author) https://creativecommons.org/licenses/by-sa/4.0
Law Responsible in the Development of Local Rules on the Tourism Health in Magelang City
The right to health in tourism places is very necessary to guarantee the right to health for tourists. Health insurance at tourist attractions aims to prevent and overcome unexpected events that will have a negative impact on tourists' health. Tourism management in Magelang City does not have regulations related to tourism health. So, the Magelang City Government needs to prepare regional regulations regarding health tourism, which have a responsive legal character, namely according to community needs and there is community participation in every drafting process. This research aims to analyze the urgency of forming regional regulations on tourism health in Magelang City and the role of responsive law in forming regional regulations on tourism health in Magelang City. The type of research is empirical juridical research, the data sources are primary data and secondary data, the data analysis technique is the interaction analysis model. Research results the urgency of forming regional regulations regarding tourism health in Magelang City is in line with the right to health at tourist attractions based on philosophical, sociological and juridical aspects to guarantee the right to health for tourists, the community around tourist attractions, and tourist attraction managers. The role of responsive law in the formation of regional regulations on tourism health in Magelang City refers to the importance of the community participating in the formation of regional regulations on tourism health, in which case the regional regulations formed have a responsive character.
Copyright (c) 2024 Suwandoko Suwandoko, Rizza Arge Winanta, Bonifasius Endo Gauh Perdana, Desty Puteri Hardyati Hardyati, Trisma Arindhita Kusuma https://creativecommons.org/licenses/by-sa/4.0
Can Dual-Class Shares Thrive in Indonesia’s Capital Market? A Legal Comparison with Asia’s Financial Powerhouses
The introduction of dual-class shares (DCS) in Indonesia, particularly for technology startups, aims to foster innovation and enhance market competitiveness by allowing firms to retain control while accessing capital. This study investigates the implementation of multiple voting shares (MVS) within the DCS framework as outlined in POJK Number 22/POJK.04/2021, analyzing its effectiveness in Indonesia compared to other Asian financial hubs like Hong Kong and China, and offering a comparative legal analysis with the United States and Singapore. The findings reveal that despite the potential of DCS, Indonesia’s capital market faces challenges, including the reluctance of companies to adopt this structure due to stringent requirements such as market capitalization and audited revenue, which often impede startups from going public. In contrast, countries like the United States and Singapore have adopted a more flexible approach, omitting such requirements, making the DCS model more attractive. The research underscores the urgency for Indonesia to reconsider its regulatory approach to technology startups and capital market access. The novelty of this study lies in its comparative analysis across diverse jurisdictions, identifying legal and regulatory barriers to the successful adoption of DCS in Indonesia. This study contributes to the discourse by proposing a hybrid regulatory approach, suggesting that market capitalization and audited revenue should only be considered when sustainability points cannot be quantified, as practiced in the United States and Singapore. Such a shift could help Indonesia foster a more dynamic and inclusive capital market, encouraging the growth of technology startups while maintaining investor protection and market stability.
Copyright (c) 2024 Umi Khaerah Pati, Anugrah Muhtarom Pratama (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Amending the Balikpapan City Regulation on License to Open State Land
Through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, the central government has established a national priority program called the Acceleration of Systematic Complete Land Registration (PTSL). The program is a first-time land registration process undertaken synchronously in all parts of Indonesia. The PTSL is a form of legal certainty guaranteed by the central government related to land rights to the citizens. However, as part of its regional authority, Balikpapan City regulated the ownership of a License to Open State Land (IMTN) as one of the requirements for PTSL. In the end, it creates a problem in implementing PTSL in Balikpapan City due to the time-consuming process of IMTN letter registration. Although it is disadvantageous for citizens, the requirement of an IMTN letter is in accordance with the Regional Regulation of Balikpapan City. This research is aimed to determine the legal certainty of land rights registration for Balikpapan City people. The research method used in the research is normative juridical, with a statutory approach. The research data is obtained through a literature study for primary data and obtained by direct research in 2021 for secondary data. The research shows that local regulations of Balikpapan City that require IMTN ownership as a condition for PTSL submission are, in fact, in conflict with the Regulation of the Minister of ATR / BPN. Therefore, to achieve legal certainty related to land management in Balikpapan City, it is necessary to adjust the Regional Regulation of Balikpapan City Number 1 Year 2014 on IMTN.
Copyright (c) 2024 Nur Auliya Rahmatika, Muchamad Ali Safa'at, Shinta Hadiyantina (Author) https://creativecommons.org/licenses/by-sa/4.0
Model of Supervision of Unregistered Community Organisations in Order to Realise Legal Certainty in Indonesia
As social creatures, humans have a tendency to live in society and organise their lives, which is guaranteed by the constitution, which provides guarantees for association and organisation. This freedom has implications where currently there are many community organisations that exist with various objectives, the existence of community organisations themselves in the country has been far more advanced in its work to empower the community. The problem is that CSOs currently have two forms, namely registered and unregistered, so there are problems in supervision. The variety of mass organisations gave birth to various groups, one of which was based on religious ideology, such as Hizbut Tahrir Indonesia (HTI) which was dissolved on 19 July 2017. The Law on Mass Organisations affirms the principles that must be used in the establishment of mass organisations, one of the prohibitions is that mass organisations must not conflict with Pancasila and the 1945 Constitution. However, there is no definite formulation regarding the indicators of being contrary to Pancasila or Anti- Pancasila. Various restrictions are displayed in the form of prohibitions that show the existence of the existence of a mass organisation law. However, the application of the law should have a balance of inherent matters, namely between rights and obligations.
Copyright (c) 2024 Nandu Dyanata, Abdul Rachmad Budiono, Tunggul Anshari, Prija Djatmika https://creativecommons.org/licenses/by-sa/4.0