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 : Dr. Asmarani Ramli, S.H., M.Kn. 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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Normative Dissonance Of The Precautionary Principle In Extractive Mining Governance: A Critical Analysis Of Indonesia's Achievement Of SDG 13
This article examines the dissonance between the normative position of the precautionary principle in Indonesian environmental law and the practice of governance in extractive mining permits following the enactment of the Omnibus Law on Job Creation. Using a normative juridical approach supported by case studies in three locations – coal mining and forestry in Wadas Village, Kutai Kartanegara Regency, and Boven Digoel – the article shows that the shift in the licensing regime from a precaution-based approach to a risk-based licensing approach has weakened the legal instruments that should prevent environmental damage early on, with direct implications for the failure to achieve the 13th Sustainable Development Goal (Climate Action). Unlike existing literature, which generally frames this issue as an implementation failure or misuse of administrative discretion, this article argues that the dissonance is built-in in the architecture of risk-based licensing law itself. By combining Lawrence Friedman's Legal System Theory and Mahfud MD's Legal Politics Theory, this article argues that the weakening of the precautionary principle is a product of political configurations that deliberately prioritize the acceleration of extractive investment over the prevention of ecological and climate risks. The article concludes with a proposal for a normative reformulation so that the precautionary principle can function as a genuinely precautionary and accountable legal instrument for national climate mitigation targets
Copyright (c) 2026 Izzul Munna, Martitah Martitah, Duhita Driyah Suprapti, Karno Roso (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Framework for Maritime Museum Development in Coastal Areas: Evidence from Semarang, Indonesia
The initiation of establishing a cultural infrastructure in the form of a Maritime Museum by the Semarang City Government manifests a strategic step in optimizing coastal geographic characteristics as an epicenter of maritime education, integrated tourism, and preservation of collective maritime memory. However, this ambitious project with an estimated building site area of ​​five hectares in the northern coastal region faces overlapping spatial regulations, uncertainty of land tenure status, and vulnerability of coastal ecosystem degradation. This study comprehensively analyzes the legal feasibility of land tenure, spatial planning, and environmental management across three alternative locations (Pearl of Java City, Polder Banger, and Tambachlorok). Utilizing a normative-juridical approach, this study evaluates the dynamics of foundational licensing post-implementation of the job creation regulations, which shifts the paradigm from traditional administrative permits to risk-based approvals. The comparative analysis recommends Pearl of Java City as the primary priority for construction based on spatial conformity parameters, subject to the mandatory completion of land rights transfer of reclaimed land as a municipal asset (Regional Property). This study concludes that the acquisition of hierarchically structured legal instruments ranging from land rights procurement, marine and terrestrial spatial conformity, to national institutional registration is an absolute prerequisite to ensure the sustainability of public investment, mitigation of administrative litigation risks, and ecological protection of the Semarang City coast.
Maritime Museum, Coastal Law, Spatial Utilization, Right of Use, Building Approval
Copyright (c) 2026 Mochamad Rizqi Zia Ul’haq, Michelle Tiffani DN, R. Benny Riyanto, Suhadi Suhadi (Author) https://creativecommons.org/licenses/by-sa/4.0
Building an Integrated Foreclosure Enforcement System in the Post-Auction Eviction Execution of Mortgage Rights
The post-auction eviction execution of Mortgage Rights objects constitutes a crucial stage in the enforcement of security rights because it determines the effectiveness of the auction winner’s physical possession of the property. However, the Indonesian civil procedural law system still separates auction proceedings and eviction execution into two distinct processes, resulting in procedural uncertainty, additional litigation, and obstacles to enforcement implementation. This study aims to analyze the normative weaknesses and practical problems in the implementation of post-auction eviction execution and to formulate a reform model through the concept of an Integrated Foreclosure Enforcement System. This research employs normative legal research methods using statutory, conceptual, case, and comparative approaches. Legal materials are analyzed qualitatively through systematic, historical, and teleological interpretation. The findings indicate that the use of HIR and RBg as the legal basis for eviction execution is no longer compatible with the needs of modern foreclosure enforcement because they fail to integrate auction proceedings, transfer of rights, and physical possession of the object into a unified enforcement mechanism. Furthermore, weak institutional coordination, the absence of limitations on procedural abuse, and social resistance also contribute to the ineffectiveness of post-auction eviction execution. Based on a comparative analysis with the Netherlands and South Korea, this study proposes the concept of an Integrated Foreclosure Enforcement System emphasizing procedural integration, strengthening enforcement institutions, digitalization of execution administration, limitations on obstructive lawsuits and derden verzet, and a human-rights-based enforcement approach. Such reforms are necessary to establish a foreclosure enforcement system that is effective, certain, equitable, and supportive of the modernization of Indonesian civil procedural law.
Copyright (c) 2026 Michelle Tiffani, Mochamad Rizqi Zia Ulhaq, Dewi Sulistianingsih, Pujiono Pujiono (Author) https://creativecommons.org/licenses/by-sa/4.0
Electronic Land Certificates: A Breakthrough in Digital Transformation or a New Challenge to Legal Certainty
Digital transformation in the legal sector has become inevitable, including in Indonesia’s agrarian governance system through the implementation of electronic land certificates. Nevertheless, the transition from conventional land certificates to digital documents also generates challenges related to legal certainty and public trust toward digital governance. This article aims to analyze whether electronic land certificates represent a genuine digital breakthrough or instead create new legal and social vulnerabilities. This study employs a qualitative approach through analytical methods and secondary data observation. The findings demonstrate that the success of electronic land certificates is not solely determined by technological sophistication, but also by regulatory readiness, institutional accountability, cybersecurity protection, and the level of public digital literacy. The study further reveals that community resistance and fearfulness remain significant due to concerns regarding cyberattacks, misuse of personal data, inequality in digital infrastructure, and the declining symbolic legitimacy of physical land certificates within agrarian culture. This study suggest that the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) strengthen transparent governance mechanisms, improve public participation, and establish adaptive legal standards concerning digital evidence and electronic land administration. In addition, the Ministry of Communication and Digital Affairs should reinforce cybersecurity infrastructure, expand equitable internet access, and formulate stronger personal data protection frameworks to ensure that the digital transformation of Indonesia’s land system remains legally secure, socially accepted, and institutionally sustainable.
Copyright (c) 2025 Pipit Saputri Utami, Rofi Wahanisa, Suhadi, Mustofa Abdul Basir (Author) https://creativecommons.org/licenses/by-sa/4.0
Overlapping Investigative Authority In The Perspective Of Constitutional Institutional Design
Harmonization within the criminal justice system remains a fundamental challenge for a rule-of-law state, particularly regarding the distribution of investigative authority among law enforcement agencies. In Indonesia, overlapping investigative jurisdictions between the National Police, the Attorney General’s Office, and the Corruption Eradication Commission (KPK) have persistently generated legal uncertainty, institutional rivalry, procedural inefficiency, and risks to rights protection in criminal proceedings. Previous studies have generally examined this issue as a matter of legislative disharmony, inter-agency coordination, or sectoral ego. This article offers a novel argument that overlapping investigative authority is not merely a technical problem of statutory inconsistency, but a symptom of fragmented constitutional institutional design. Using normative juridical research with statutory, conceptual, and comparative approaches, this study analyzes the roots of jurisdictional overlap and formulates a coherent reconstruction model. The findings show that the absence of clear jurisdictional demarcation and a final, binding mechanism for resolving inter-agency jurisdictional disputes has produced systemic dysfunction at the investigative stage. This article proposes three reconstruction models: Clear Jurisdictional Differentiation, Limited Functional Integration, and Institutional Jurisdictional Adjudication. Among these, Institutional Jurisdictional Adjudication is recommended as the most pragmatic initial model because it can manage operational conflicts while providing a transitional framework for broader legislative synchronization. The study concludes that harmonizing investigative authority requires institutional design reconstruction grounded in legal certainty, accountability, and the integrated criminal justice system.
Copyright (c) 2025 Sulistyani Eka Lestari (Author) https://creativecommons.org/licenses/by-sa/4.0
Empowering the Halal Industry for a Sustainable Economy Through Halal Tourism Regulations and Policies from a Stakeholder Perspective
Halal tourism should ideally be managed according to sharia principles in support of the Sustainable Development Goals (SDGs). This is hampered by the absence of special regulations and disharmony of cross-sectoral policies. This research aims to formulate policies that support the sustainable development of halal tourism in Indonesia, as well as identify the regulatory needs underlying the development of the halal industry. This research uses a non-doctrinal method with an empirical juridical approach, through the study of legislation, concepts, and legal philosophy complemented by the results of interviews. The results of the study prove that the empowerment of the halal industry, especially halal tourism, has the potential to encourage the creation of a sustainable economy. The results of this study show that the main problem lies in weak regulations and the lack of integration of cross-sectoral policies. There is an urgent need to build national regulations that regulate halal tourism governance, by clarifying the legal basis and implementation mechanisms. Cross-sector collaboration, strengthening the role of the Regional Committee for Sharia Economics and Finance (KDEKS), central-regional coordination, and optimizing the Indonesia Muslim Travel Index (IMTI) are strategic steps to strengthen this industry. Integrated regulations and synergy between stakeholders can encourage the growth of halal tourism, support sustainability, and strengthen Indonesia as the center of the global sharia economy.
Copyright (c) 2025 Ro'fah Setyowati, Nurdeng Deuraseh, Kholifatul Muna, Allya Shifa Akhsanty, Muthia Eka Destyana (Author) https://creativecommons.org/licenses/by-sa/4.0
Personal Data Protection in the Digital Age: An Analysis of Constitutionalism in E-Commerce Towards Harmonization of Regulations
The advancement of the digital era has brought significant changes to trade activities, particularly in the shift from conventional trading systems to faster and more precise electronic commerce (e-commerce). The study has revealed this new information regarding personal data protection information. As a result, the national legal system must control the growth of e-commerce while adhering to the strictest constitutional law requirements. adhere to the strictest requirements of constitutional law while being governed by the national legal system. Law is essential to ensure that consumer rights are upheld and that businesses operate transparently and ethically. This balance will foster trust in e-commerce platforms and encourage their growth in a secure environment. This study uses normative juridical and conducts descriptive-analytical data analysis. It also uses theories, concepts, and principles of digital constitutionalism. This study aims to ascertain and evaluate the degree to which existing legislation offers legal certainty for safeguarding personal information in the context of online transactions. This study will look at current legal frameworks and how well they handle the problems brought on by the quick advancement of e-commerce technology. The results demonstrate that e-commerce rules are still dispersed throughout many laws and regulations, which raises questions about legal ambiguity and the security of personal information in e-commerce transactions. In order to resolve this difficulty and construct a cohesive and legally sound regulatory framework based on constitutionalism, a special statute that fully regulates electronic commerce must be established.
Copyright (c) 2025 Okky Andaniswari, Dewi Sulistianingsih, Pujiono (Author) https://creativecommons.org/licenses/by-sa/4.0
The Power of Local Authorities in Handling Divorce
This study seeks to describe and analyze the role of local authorities (i.e., village chiefs) in handling divorce, as well as the implications for their involvement for women and households. In so doing, this article investigates how local wisdom-based legal systems are realized. Data were collected through observation, interviews, and a review of the literature. This research shows that divorce occurs when families, as communal and religious units, deal with economic difficulties and social media. The recognition of village chiefs as the sole authorities with the authority to decide legal matters is foundational for the traditional legal system practiced within the community, wherein it is the village chiefs—rather than the religious courts—who may handle divorces. In this capacity, village chiefs act as key mediators for the Madurese people, demonstrating that customary authority operates not merely as a residual practice but as a parallel and socially dominant legal order.This article recommends that future studies employ a formalistic approach to understand the validity of customary law, with a broad range of cases and diverse sources used to create a progressive legal system that is recognized and accepted by society.
Copyright (c) 2025 Nabila Luthvita Rahma, Supriyadi Supriyadi, Rozanah Ab Rahman, Moh Abdul Latif, Mowafg Abrahem Masuwd (Author) https://creativecommons.org/licenses/by-sa/4.0
Intellectual Property as Fiduciary Collateral in Indonesian Banking: Legal Guarantees and Creative Economy Financing
Indonesia recognizes intellectual property rights (IPR) as intangible movable assets that may secure financing, yet banking practice still treats IPR as marginal collateral. This study examines how Indonesian law positions IPR as fiduciary collateral, what legal guarantees protect banks and creative economy actors, and why implementation remains limited after Government Regulation No. 24/2022. Using normative legal research, this article analyzes the Copyright Law, Patent Law, Fiduciary Guarantee Law, Creative Economy Law, Government Regulation No. 24/2022, OJK Regulation No. 40/POJK.03/2019, and the 2025 regulation on intellectual property valuers. The analysis is supported by official creative economy data and comparative case studies from Singapore, the United Kingdom, and the United States. The findings show that copyright and patent rights can be bound through fiduciary security because they are transferable economic rights with asset value. The legal guarantees consist of a notarized fiduciary deed, registration, preference rights, third-party enforceability, and execution rights after default. The main implementation gap lies in valuation, secondary market uncertainty, and the absence of IPR from the collateral categories recognized for bank provisioning under OJK asset-quality rules. The novelty of this article lies in connecting IPR doctrine, fiduciary security, prudential banking regulation, and the new Indonesian framework for registered intellectual property valuers.
Copyright (c) 2025 Ulil Albab Junaedi, Martitah Martitah (Author) https://creativecommons.org/licenses/by-sa/4.0
Philippines-Thailand-Indonesia Exploration: Recontextualizing Anti-SLAPP in Protecting Access to Ecological Justice
This study examines the strategic challenges faced by environmental rights defenders in Indonesia, the Philippines, and Thailand, including the abuse of the law through the practice of Strategic Lawsuits Against Public Participation (SLAPPs) used by corporations or authorities to silence public criticism of environmental damage. Although all three countries have legal instruments for protection, their implementation is still limited and does not comprehensively cover aspects of procedural law. This study uses a normative legal approach with a comparative legal method to analyze the form of anti-SLAPP legal protection and its potential integration into the criminal procedural system. The results show that Indonesia and the Philippines still limit legal protection to environmental issues, while Thailand has more advanced normative provisions but has not been effective in preventing SLAPPs at the early stages of the legal process. A legal mechanism is needed that allows for the termination of SLAPP cases at the investigation or prosecution stage through clear legal indicators and strengthening prosecutorial discretion based on the principle of public interest. The novelty of this study lies in the proposed integration of Anti-SLAPP principles into criminal procedural law as a preventive measure against the criminalization of environmental activists and as a recognition of ecological justice, where protection of public participation and freedom of expression is an integral part of social justice in the context of environmental protection.
Copyright (c) 2025 Erwin Syahruddin, Andre Cardenas Jr., Akbar Sarif, Rahmat Saputra (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Al and Big Data in Detecting Illegal Finance, Sharia Violations, and Cybercrime in the Digital Society Era Society 5.0
Technological developments in the Society 5.0 era have driven massive digital transformation in various sectors, including in the financial system and law enforcement. In this context, artificial intelligence (AI) and Big Data have a strategic role in detecting illegal financial activities, violations of sharia principles in transactions, and increasingly complex cybercrime. This article discusses how AI and Big Data are used as real-time detection and prevention tools for transaction anomalies, money laundering patterns, and online fraud practices. In addition, this study highlights the regulatory and ethical challenges in the application of this technology, especially in ensuring compliance with sharia principles and personal data protection. With a normative qualitative method and a multidisciplinary approach, this paper offers a legal and technological perspective in responding to the dynamics of digital crime and the importance of collaboration between regulators, financial institutions, and technology providers to create a safe and equitable digital ecosystem. The findings in this article are expected to be strategic input in formulating legal policies and strengthening technology-based supervision systems in the digital era.
Copyright (c) 2025 Tuti’ Nadhifah, Heni Risnawati, Dian Rosita (Author); Lilien Ristina (Translator) https://creativecommons.org/licenses/by-sa/4.0
State Institution and Socio Analysis on Sexual Violence in Higher Education
The legal framework on sexual violence is getting stronger, but sexual violence still occurs in universities. The objectives of this research are, to analyze the legal framework for protection against sexual violence, to identify the challenges in solving the issue of sexual violence, to formulate a collaborative institutional model in addressing sexual violence. This research is a socio-legal research, examining the problem of sexual violence through an interdisciplinary framework, integrating juridical, sociological, and institutional perspectives. This study reveals three points: First, the legal framework for addressing sexual violence has been more progressive but there are several weaknesses, ie, (1) internal task force members from within the university, (2) lack cooporation from university and law enforcer in takin care of the issue, (3) no external supervisor from state institutions in the process of investigation. Second, based on Donald Black's theory, there are four variables influencing the issue of sexual violence, ie: power inequality that protects high-status perpetrators (stratification); preference for informal settlement rather than criminal justice proceedings (morphology); patriarchal culture; and institutional self-protection that prioritizes reputation over accountability (organization). Third, collaboration with state institutions Komnas Perempuan, LPSK, the Press Council, and the Ombudsman is needed as a balancing force for certain variables in the Black model. This integrated approach offers a path to rebalancing power relations, ensuring institutional accountability, and realigning law enforcement with principles of justice.
Copyright (c) 2025 achmad achmad, Mrs (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency Of Regulating Foreign Bribery Crime In Indonesia:Constitutional Legal Framework Analysis
The focus of the research is on the urgency of regulating foreign bribery crime in Indonesia as well as the Indonesian constitution perspective. This issue raises concerns, because the regulation of foreign bribery crime has not been included in Indonesian Laws, making Indonesia a country that cannot follow up on this criminal act. The questions that arise are 1) what the urgency of the regulation of the law on foreign bribery crime in Indonesia is is 2) what the perspective of the Indonesian constitution regarding foreign bribery crime is is. The purpose of this study is to describe the urgency of legal regulation of the concept of foreign bribery crime in Indonesia, and the perspective of the Indonesian constitution regarding foreign bribery crime. The research method uses juridic-normative research with a qualitative approach to law. The results of the research show that 1) Indonesia is a participating country of UNCAC and has ratified it through Law Number 7 of 2006. However, until now there is no regulation to criminalize foreign bribery. In fact, according to the researcher, this is an urgency because the opportunity for variation in corruption cases but not followed by criminal reform of the criminal offense, resulting in the enforcement of corruption crimes is not optimal. 2) The Indonesian Constitution, by adopting Foreign Bribery in Indonesian legislation, it is hoped that Indonesia can enforce its laws fairly
Foreign Bribery Crime, Constitutional, Urgency
Copyright (c) 2025 Rodiyah Rodiyah, Asyaffa Ridzqi Amandha , Indah Sri Utari, Anis Widyawati (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for the Development of Professional Education for Nursing Staff
One part of the health workforce is nursing staff. Nursing staff who have graduated from a bachelor's degree and have not yet completed professional nursing education can only work in administrative services. In fact, hospitals allow them to provide professional services to patients. This is certainly not in accordance with the provisions of Law Number 17 of 2023 concerning Health, Article 212 of which stipulates that health workers with a bachelor's degree must undergo professional education to be able to practice professionally in health care facilities. Then in Government Regulation Number 28 of 2024 concerning the Implementation of Law Number 17 of 2023 concerning Health, health workers are given a maximum of five years from the enactment of this Government Regulation. The implementation of this regulation means that nursing staff who do not fulfill their professional education obligations will lose their jobs, and nursing staff who continue their professional education need educational financial assistance from the agency. This study uses an empirical legal research method with a legislative and conceptual approach. Data analysis was carried out by collecting library data and field research results. The results of the research that has been conducted show that many nurses have not completed professional education but provide professional health services in hospitals. Nursing staff with civil servant status, in adapting to professional education, can be facilitated with study assignments, either through independent study or scholarship funding. This differs from government employees with contract agreements, who cannot be facilitated with study assignments.
Copyright (c) 2025 Mustika, S.H., Dr. Ratnawati, S.H., M.H. (Author) https://creativecommons.org/licenses/by-sa/4.0
Restorative Legal Challenges of Abortion for Rape Victims in Indonesia
Indonesia has provided leniency and exceptions to abortion for rape victims. The legalization of abortion is the fulfillment of the rights of rape victims to obtain abortion services as soon as possible by the requirements stipulated in the health law. In reality, the fulfillment of this right cannot be fully implemented. A challenge lies in the weak enforcement of the law. Indonesia has not firmly supported this rule. Victims have difficulty accessing abortion services. No regulation on emergency services regulates clearly and in a structured manner within the scope of the police or the scope of health organizations and victim protection organizations. In addition, the strengthening of the mentality of law enforcers and stakeholders has not been fully achieved. This study aims to explore the implications and factors that hinder access to abortion services for rape victims. The results of the study show that the factors that hinder access to abortion are due to weak law enforcement, weaknesses in the substance of the law, the complexity of laws and regulations, and the feeble mentality of the parties involved, so that slow handling results in the inability to implement abortion services for rape victims. To achieve the implementation of this abortion regulation, a national policy is needed within the scope of the police, policies in health organizations, and one-stop integrated service procedures. The urgency of this policy, apart from contributing to policy reform, is also important to make it easier for victims to get services without having to drain their energy, time, and costs. Based on this, Indonesia needs to take a more pragmatic, rational, integrated, and comprehensive approach through widespread socialization to the community, police, and other stakeholders.
Copyright (c) 2025 Renih Setiawan, Syarif Saddam Rivanie (Author) https://creativecommons.org/licenses/by-sa/4.0
Establishment Of A Voluntary Self Regulation Non-Governmental Consumer Dispute Resolution Organization In Principle Of Fairness And Equality
Developments in the economic sector will increase the production and consumption power of society. If consumers suffer losses, economic agents are obliged to be able to provide compensation for the products sold to consumers. The UUPK provides for alternative dispute resolution outside the judicial system, namely through the Non-Governmental Consumer Protection Agency (LPKSM). Settlement of consumer disputes in LPKSM with a voluntary self-regulation mechanism or self-regulation as an effort to regulate, control, evaluate, select and determine a performance that will certainly minimise or reduce the number of disputes that go to the Consumer Disputes Board (BPSK) or the District Court. The research method uses normative legal research by tracing literature studies using a normative legal approach in order to obtain new perceptions of the situation by providing a new form of concept in resolving consumer disputes at LPKSM. The concept of the LPKSM's Voluntary Self-Regulation Mechanism is designed to help various parties, especially business actors and consumers, quickly and inexpensively to resolve disputes at the lowest level before they reach the BPSK or the courts. As a form of voluntary self-regulation, mediation is the right method to implement the principle of equality before the law. The LPKSM acts as a third party, an outsider who is declared to be neutral (impartial) and who helps the parties to come to an agreement. The benefits of resolving consumer disputes are quick, inexpensive and confidential, and can even be described as a win-win solution, set out in a joint peace deed.
Consumer disputes, fairness, LPKSM, voluntary self regulation
Copyright (c) 2025 Satrio Ageng Rihardi, Budi Santoso, Ery Agus Priyono (Author) https://creativecommons.org/licenses/by-sa/4.0
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 Rodiyah (Author) https://creativecommons.org/licenses/by-sa/4.0
Protection of the Rights of Children in Conflict with the LawIn the Juvenile Criminal Justice System in Indonesia
A child is someone who is not yet 18 years old, including a child who is still in the womb. Every child has the principle of basic rights, namely survival, non-discrimination, growth and development, and respect for participation. A child in conflict with the law is someone who is 12 years old, but not yet 18 years old who is suspected of committing a crime. Protection of the rights of children in conflict with the law needs to be carried out so that the child continues to receive their rights. This writing examines the basic rights of children for children in conflict with the law in Indonesia and the protection of the rights of children in conflict with the law in Indonesia. This writing uses a normative legal method, namely positive legal research, research on legal principles, clinical legal research, legal research examining legislation, and comparative legal research and synchronization of legislation. Handling of child cases is carried out based on the Juvenile Criminal Justice System so that the protection of the rights of children in conflict with the law in Indonesia can be implemented properly and children in conflict with the law continue to receive their rights in full. Keywords: Principles of children's rights; children in conflict with the law; child protection; reform of the Juvenile Criminal Justice System.
Reform of the Juvenile Criminal Justice System
Copyright (c) 2025 Rahmawan Dianto, Martitah, Dewi Sulistianingsih (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Big Data in Crime Prevention and Criminal Law Enforcement: Balancing Efficiency and Personal Data Protection
Crime prevention and criminal law enforcement require clear arrangements so that at the same time they can form good protection for every Indonesian citizen's personal data. The purpose of this paper is to analyse the concept of using big data in crime prevention as well as criminal law enforcement and the form of boundaries and protection of personal data in the use of big data in crime prevention as well as criminal law enforcement. To achieve the results used, the research method used is a case approach and a statutory approach. From this writing, the use of big data in the context of crime prevention and criminal law enforcement has grown rapidly along with IT advances. Big data includes the collection, analysis and processing of large and diverse amounts of information. In disclosing crime cases using big data, it must also be linked to regulations on personal data protection and the data used in case disclosure must also be guaranteed validity, so that the activities carried out do not damage the sense of justice in society
Copyright (c) 2025 Lesson Sihotang, July Esther, Jusnizar Sinaga, Yanti Tiara Br Siahaan, Donius Ndruru (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Palanta Baselo Nagari Sungai Duo in Resolving Criminal Acts Through Restorative Justice in Multi-Ethnic Communities
Legal issues in a multiethnic society lie in the implementation of Article 2 of the Regulation of the Chief of Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice. One form of restorative justice is Palanta Baselo Nagari Sungai Duo which is used to resolve criminal cases in a multiethnic society in the jurisdiction of the Sitiung Police, Dharmasraya Police. This study aims to analyze the challenges faced by Palanta Baselo in handling criminal cases based on restorative justice. This research is empirical legal research with analytical descriptive specifications. The findings of the study conclude that the resolution of criminal cases through Palanta Baselo Nagari Sungai Duo in a multiethnic society in the jurisdiction of the Sitiung Police, Dharmasraya Police has been implemented. However, in practice, there is still a lack of facilities and infrastructure to support mediation. In addition, traditional figures who act as mediators also lack the skills to reconcile the disputing parties. Although the penghulu (traditional figure) is a respected and revered figure, they have not been equipped with the knowledge and skills to carry out mediation efforts effectively.
Copyright (c) 2025 Fitriati, Iyah Faniyah, Nurhadiansyah (Author) https://creativecommons.org/licenses/by-sa/4.0
Efforts To Harmonize Conflicts In The Regulation Of Corporate Social Responsibility (Csr) In The Indonesian Legal System
The focus of this research is on the critical issue of overlapping Corporate Social Responsibility (CSR) regulations within Indonesia's legal system. This is a significant problem that affects business compliance and social development outcomes. The study investigates the normative juridical aspects of various legislative frameworks, including the Company Law, Investment Law, and Mining Law. The study identifies three major consequences of regulatory redundancy: uncertainty in implementation standards, resource inefficiency due to program duplication, and complexity in supervision. It highlights systemic weaknesses within Indonesia's CSR legislative system and proposes an innovative legislative model to integrate CSR. To enhance legal certainty and implementation effectiveness, the study recommends a comprehensive harmonization method that integrates regulations, establishes consistent implementation mechanisms, and develops supervision protocols. These findings assist policymakers and legal practitioners in improving Indonesia's CSR regulatory framework.
Copyright (c) 2025 Basrawi Basrawi, Laode Awal sakti, Jusafri, Putri Aulia, Satmawati (Author) https://creativecommons.org/licenses/by-sa/4.0
Restorative Justice In Indonesian Criminal Code: Navigating Fragmentation And Lessons From Malaysia And The United States
Restorative justice is an approach to criminal case resolution that prioritizes restoration over retribution by involving victims, offenders, their families, and other relevant parties in a participatory process. This study examines the development of restorative justice in Indonesia, particularly its incorporation into the new Indonesian Criminal Code, using a normative legal method combined with a comparative study of practices in the United States and Malaysia. The novelty of this research lies in its focus on Indonesia’s unique regulatory challenges, specifically the persistence of regulatory dissonance due to fragmented implementing regulations and inconsistent law enforcement practices, and in offering a comparative perspective on how harmonized policies in other jurisdictions can provide solutions. The findings reveal that, although the new Code formally accommodates restorative justice principles, the lack of harmonization has resulted in unclear guidelines, varied field applications, and suboptimal victim recovery. Victims often experience confusion in accessing restorative mechanisms, while law enforcement officers face obstacles due to inadequate training and the absence of unified standards. To address these challenges, this paper recommends policy harmonization at all governmental levels, the establishment of coordinated guidelines across law enforcement agencies, and the enhancement of institutional capacity through specialized training. By drawing lessons from the cohesive frameworks adopted in the United States and Malaysia, this study contributes to the existing literature by highlighting the importance of harmonized policies to ensure legal certainty, consistency, and better restorative justice outcomes for both victims and offenders in Indonesia.
Harmonization, Indonesian Criminal Code Restorative Justice
Copyright (c) 2025 Abiandri Fikri Akbar (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, Suarni Sonda, Muhammad Fadly Saleh, Eddy Pelupessy, Thresia Hilda Mathelda Yenkase (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 Ravilka Yustitia Ismail, Hartini Hartini (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