Law Research Review Quarterly (L. Research Rev. Q.) was published online for the first time in February 2020 (ISSN 2716-3415). However, this journal has previously been published in several editions in print since 2015, especially as seminars and conference papers under Seminar Nasional Hukum Universitas Negeri Semarang. Over time and as a form of improving the quality of publications, the name Law Research Review Quarterly was officially used in the 2020 issue and beyond. The Law Research Review Quarterly is a peer-reviewed law journal published quarterly every February, May, August, and November by the Faculty of Law, Universitas Negeri Semarang, Indonesia. The Law Research Review Quarterly aims to reflect the current concerns and latest research of law and justice scholars and advance discussion of these issues. The scope of the Journal is broad, encompassing a wide array of law, crime, and justice topics and issues in Indonesia, Southeast Asia, and the global context. The Law Research Review Quarterly is also recognized as one of the leading peer-reviewed journals in Indonesia that provides an international forum for articles, commentaries, and notes in all areas of legal scholarship and across a range of methodologies, including doctrinal, theoretical, and socio-legal. The focus of this journal is to publish articles related to legal justice in a broad perspective, whether from psychological, social, political, economic, cultural, linguistic, and security and intelligence studies. The journal regularly publishes special issues within this broad remit. Title : Law Research Review Quarterly Editor in Chief : Assoc. Prof. Dr. Rini Fidiyani, S.H., M.Hum. ISSN : 2716-3415 (Online) DOI Prefix : 10.15294/snh Publisher : Faculty of Law Universitas Negeri Semarang Frequency : 4 (four) issues per year (February, May, August, November)
THE DEVELOPMENT AND OVERSIGHT FUNCTION OF THE WEST KALIMANTAN PROVINCIAL GOVERNMENT TOWARD THE ACCESSIBILITY OF THE LEGAL DOCUMENTATION AND INFORMATION NETWORK OF REGENCIES AND MUNICIPALITIES WITHIN ITS ADMINISTRATIVE AREA
As a means of disseminating information, Legal Documentation and Information Network provides convenience for the public to search for and access the full text of provisions of laws and regulations, such as laws, government regulations, presidential decrees, and regional regulations. However, in its implementation, the use of Legal Documentation and Information Network owned by each Regional Government cannot be optimally utilized by the society. Because there are still several official Legal Documentation and Information Network pages belonging to the Regional Government that cannot be accessed by the public. This research aims to determine the extent of the guidance and supervision function of the West Kalimantan Provincial Government regarding the accessibility of Legal Documentation and Information Network Districts/Cities in the West Kalimantan Province. This research is research with a juridical-normative method, with legal material sources consisting of primary legal materials and secondary legal materials. The data collection technique used is primary data collection through interviews with informants and data sourced from each Legal Documentation and Information Network website of the Regency/City Government in West Kalimantan Province. The results of the study focused on the lack of support given to Legal Documentation and Information Network which has a strategic role in government that supports organizational performance and as a form of government presence providing access to information to the public through an electronic system that is easily accessible, fast and simple.
Legal Documentation and Information Network, Legal Documentation and Information Network Implementation, Problems of Legal Documentation and Information Network Implementation
Copyright (c) 2026 Law Research Review Quarterly
Legal Protection of Investors in Initial Public Offering Against Liquidity Exit Practices
This study aims to analyze the legal protection for retail investors against the practice of liquidity exit carried out by controlling shareholders in the Initial Public Offering mechanism in Indonesia. The phenomenon of exit liquidity shows a shift in the function of IPO from business expansion to a means of transferring business risk from the old owner to the public, which often causes significant losses for retail investors due to information asymmetry and massive stock sales after the IPO. This study uses a normative juridical research method, although the current capital market regulations have provided procedural certainty, there is still a legal vacuum in limiting the volume of divestment of controlling shares after the IPO. This condition is exacerbated by the exchange's technical policies such as the closing of the broker's code on the JATS system in real time which hinders trading transparency. This study recommends the need for regulatory reform through the adoption of quantitative restrictions on the volume of stock sales as per the standard of SEC Rule 144 in the United States or UAE Federal Decree Law no. 32 of 2021 on Commercial Companies as well as the acceleration of the demutualization of the Indonesia Stock Exchange to ensure the integrity of the capital market.
Legal Review of Utilization Cooperation Forest For Tour Nature in the Work Area Perum Perhutani Divisi Regional Jawa Tengah
Study this study in a way critical construction authority and practice cooperation utilization forest in the form of utilization service environment for tourism​ nature implemented by Perum​ Perhutani Central Java Regional Division in perspective law state administration and law forestry. Focus main in study this lies in legitimacy authority, form delegates used, as well relation between instrument administrative and agreements cooperation in practice management state forests. Research this use method juridical normative with approach conceptual and legislative, which is strengthened with empirical data through interviews and reviews document. Analysis done in a way qualitative for identify suitability between norms and implementation. Research results show that authority Perum Perhutani in utilization forest in the form of utilization service environment for tour natural in a way normative based on mandate constitutional state control over source power nature and rules legislation in the field of forestry. Authority the executed through mechanism delegation administratively limited by value parameters, term time and procedures internal approval. In in practice, cooperation tour natural form construction law hybrid between law public and law private. Although has been formally fulfil principle legality, there is potential shift function area if supervision no done in a way strict and consistent. Therefore that, strengthening accountability, transparency, and integration principle sustainability become prerequisite important for ensure that utilization tour still is at in corridor law and not reduce function ecological state forests.
Legal Consequences of Overcollateralization for MSME Customers in Islamic Financing from a Maqashid Sharia Perspective
The development of Islamic banking financing in Indonesia plays an important role in supporting the growth of the Micro, Small, and Medium Enterprises (MSMEs) sector. However, in practice, a phenomenon known as overcollateralization often occurs, where the value of collateral required exceeds the amount of financing provided to customers. This condition raises concerns regarding the balance of legal relations between Islamic financial institutions and customers, particularly MSME actors who generally have limited assets and relatively weaker bargaining positions. This study aims to analyze the legal regulation related to the practice of overcollateralization in sharia financing in Indonesia and to examine its legal implications for MSME customers from the perspective of Maqashid Sharia. The research uses a normative legal method with statutory, conceptual, and philosophical approaches, supported by field data obtained through interviews with twelve MSME actors who have received financing from Islamic financial institutions. The findings indicate that regulations concerning collateral in sharia financing have been recognized in the Sharia Banking Law, the Civil Code, and the fatwas issued by the National Sharia Council of the Indonesian Ulema Council. However, these regulations do not specifically regulate the proportionality between the value of collateral and the amount of financing. This situation creates room for overcollateralization practices which, although not explicitly unlawful, may potentially create an imbalance of risk for MSME customers. From the perspective of Maqashid Sharia, such practices may conflict with the objective of protecting wealth (ḥifẓ al-māl). Therefore, stronger regulations and more proportional financing policies are necessary to ensure fairness, balance, and benefit for all parties.
The Application of Chemical Castration Punishment to Child Sexual Violence Perpetrators from the Perspective of Indonesian Criminal Law
The phenomenon of sexual violence against children in Indonesia has reached a state of emergency, prompting the government to establish chemical castration sanctions through Law No. 17 of 2016 and Government Regulation No. 70 of 2020. However, this policy has sparked debate regarding the disharmony of norms with the sentencing system in the Criminal Code (KUHP) and ethical obstacles within the medical profession regarding its implementation. This study aims to analyze the legal standing of chemical castration from the perspective of Indonesian criminal law and identify the juridical obstacles hindering its effective implementation. The research method employed is normative juridical with a statutory approach (statute approach). Data were collected through literature studies of primary and secondary legal materials and subsequently analyzed qualitatively. The results indicate a legal ambiguity regarding the status of chemical castration, oscillating between a criminal penalty (straf) and a treatment measure (maatregel). Although Law No. 1 of 2023 (the New Criminal Code) adopts a corrective justice paradigm, synchronization of norms remains necessary to ensure the policy has a solid legal foundation. Primary implementation obstacles include the refusal of medical personnel based on professional ethics, limited facilities, and a lack of clarity in execution mechanisms. This study recommends an evaluation of technical regulations to guarantee legal certainty and maximum protection for children without disregarding human rights principles.
Chemical Castration, Child Sexual Violence, Criminal Law, Legal Effectiveness
Fulfillment of Consumer Rights to Information Regarding Flight Delays: A Case Study of Batik Air Passengers
This study aims to analyze the position of consumers' rights to departure information in the provision of air transportation services and to examine the legal responsibility of airlines for uncertainty of information that results in flight delays. The main problem lies in the discrepancy between normative regulations regarding the obligation to provide information and service practices in the field, particularly in the case of Batik Air passengers who experienced repeated schedule changes without adequate explanation. This study uses a normative juridical method with a legislative and conceptual approach, through analysis of relevant legislation, principles, and legal doctrines. The results of the study show that the right to departure information has a fundamental position in consumer protection law, administrative law in aviation law, and contractual law in air transportation agreements. Uncertainty in information that is conveyed in an unclear and inconsistent manner can be qualified as improper performance (breach of contract) and gives rise to legal liability for the airline. In conclusion, airlines are not only obliged to provide minimum administrative compensation, but are also required to ensure transparency, certainty, and accountability of information as an integral part of the quality of air transportation services.
Legal Analysis of the Role of BUMDes as the Implementer of Village-Scale Food Estate Programs in Strengthening Local Food Security
The Food Estate Program is one of the government's strategic policies in an effort to strengthen national food security, including at the village level. In its implementation, Village-Owned Enterprises (BUMDes) have the potential to play a role as implementers of village economic activities that support the strengthening of local food systems. This study aims to analyze the legal construction of the position of BUMDes as the implementer of the village-scale Food Estate program and to examine the role of BUMDes in realizing local food security and legal protection for farmers. This study uses a normative legal research method with a legislative and conceptual approach. The results of the study show that BUMDes has a strong legal basis for involvement in the management of business activities related to the food sector as regulated in Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises. In practice, BUMDes can play a role in strengthening the village food value chain through production, processing of agricultural products, and distribution and marketing of agricultural products. However, the implementation of this role still faces various obstacles related to legal substance, institutional structure, and the legal culture of the community. Therefore, strengthening the BUMDes institution and providing legal protection for farmers through clear and fair cooperation agreements are important factors in supporting the success of the village-scale Food Estate program.
Employment Law in the Digital Age in Regulating Freelance and Remote Workers Through a Comparative Review of Indonesia and Germany
The reality of employment relationships in Indonesia today far exceeds what is written in labor laws. The emergence of freelance and remote work trends due to digital technology has collided with laws that still rely on formal recognition. The research method used was normative legal research with a regulatory and comparative law approach. The results of the study point to the weak legal protection for freelance and remote workers, including wages, social security, occupational safety and health, and access to dispute resolution mechanisms. In comparison, German law has implemented an adaptive substantive approach. Employment status is assessed based on factual realities and economic dependence, even recognizing the category of quasi-independent workers (arbeitnehmerähnliche Personen) who receive legal protection. Through this comparison, a protection model based on the reality of employment relationships is more relevant to the current shifts in the world of work. On that basis, Indonesia needs to overhaul its labor law policies. By selectively absorbing German legal principles, Indonesia can build a stronger protective barrier for freelance and remote workers amid rapid digitalization.
The Impact of Converting Fertile Land into Industrial Areas on Legal Justice for Local Communities in Brebes Regency
The conversion of fertile land into industrial areas in Brebes Regency takes place through formal mechanisms stipulated in various land regulations. However, its implementation demonstrates an imbalance between the interests of economic development and the protection of community rights. This study aims to analyze the process of converting agricultural land into industrial areas and assess its legal implications for the justice of local communities. Using a qualitative approach with empirical juridical research, data were obtained through field observations, in-depth interviews with BPN officials and affected communities, and a review of relevant documents and regulations. The results indicate that although administrative procedures such as the issuance of KKPR/PKKPR, land acquisition, and technical verification have been implemented, the protection of productive land and the guarantee of farmers' rights have not been substantively fulfilled. Land conversion results in loss of livelihoods, decreased prod uctivity, social vulnerability, and legal uncertainty for the people of Brebes. These findings indicate that the principles of justice, sustainability, and people's prosperity as mandated by the UUPA and Article 33 paragraph (3) of the 1945 Constitution have not been fully realized in practice. Therefore, strengthening regulations and oversight mechanisms is necessary to ensure that industrial area development aligns with the protection of agrarian rights and legal justice for local communities.
Land conversion, fertile land, legal justice, industria areans.
Registration Data Discrepancy E-Court with Implementation Trial E-Litigation at the Pemalang Religious Court
Digital transformation in the judiciary represents a strategic effort to enhance efficiency, transparency, and access to justice through the implementation of electronic court systems. At the institutional level, E-Court functions as an electronic case administration platform, while E-Litigation is designed to facilitate electronic hearings as an integrated continuation of the registration process. However, empirical data from the Religious Court of Pemalang during the period 2022–2024 indicates a significant and consistent discrepancy between the number of cases registered through E-Court and those processed through E-Litigation. This study aims to analyze the factors causing the discrepancy and to examine the strategies undertaken by the Religious Court of Pemalang in addressing the low utilization of E-Litigation. The research employs a socio-legal approach through field data collection based on in-depth interviews with court officials and practicing advocates. The findings reveal that the discrepancy is influenced by multiple factors, including low digital literacy among litigants, preference for face-to-face hearings, conventional legal culture, strategic considerations of advocates, the consent-based nature of electronic hearings, and institutional limitations. In response, the court has implemented strategies such as socialization programs, technical assistance services, legal aid support, capacity building for court personnel, system integration, and internal monitoring. Nevertheless, the increase in E-Court usage has not been proportionally followed by the adoption of E-Litigation. The study concludes that judicial digitalization requires not only technological infrastructure but also cultural adaptation, institutional strengthening, and enhanced public digital capacity to achieve effective integration between electronic administration and electronic hearings.
E-Court, E-Litigation, Data Discrepancy, Digital Judiciary, Religion Court of Pemalang
PROBLEMS OF THE IMPLEMENTATION OF MEDIATION OF COPYRIGHT DISPUTES (Study at the Regional Office of the Ministry of Law of Central Java)
This study aims to analyze the problems of copyright dispute mediation implementation and their impact on dispute resolution effectiveness at the Regional Office of the Ministry of Law of Central Java. The main issue examined is the low mediation success rate despite mediation being mandated as the primary alternative dispute resolution mechanism before litigation. This study employs a qualitative descriptive method with an empirical juridical approach through in-depth interviews with officials and mediators, analysis of mediation case documents, and review of relevant laws and regulations. The analysis applies Soerjono Soekanto's Legal Effectiveness Theory, encompassing five determining factors: legal substance, law enforcement, facilities and infrastructure, society, and legal culture. Results indicate that during 2023 to 2025, only two of six mediated copyright disputes reached agreement, yielding a success rate of 33.3 percent. Three interrelated problems were identified: institutional problems involving weak structural positioning and limited institutional support; mechanism problems involving divergent party expectations, adversarial orientation of legal representatives, and substantive complexity of copyright disputes; and human resource problems involving limited mediator availability, insufficient copyright-specific competence, and excessive workload. Failed mediations were generally escalated to criminal proceedings, reflecting a tendency to criminalize inherently civil disputes. This study concludes that mediation effectiveness at the regional level remains suboptimal, necessitating institutional strengthening, mechanism improvement, and enhanced mediator competence grounded in intellectual property expertise.
IMPLICATIONS OF NO VIRAL NO JUSTICE ON THE PRINCIPLE OF EQUALITY BEFORE THE LAW IN THE CRIMINAL JUSTICE SYSTEM
This study aims to examine the phenomenon of No Viral No Justice in law enforcement practices in Indonesia in the digital era, as well as identify the positive and negative impacts of the role of social media as a means of social control on law enforcement officials. The main problem in this study stems from the dependence of law enforcement officials on the pressure of public opinion, raising serious problems related to objectivity, legal certainty, and human rights protection. This study uses normative legal research methods (normative juridical) with an emphasis on analysis of positive legal norms, legal principles, and relevant doctrines. Data was obtained through literature review by examining regulations, legal literature, previous research results, and other supporting sources. The results of the study show that the phenomenon of No Viral No Justice emerged as a response to low public trust in the performance of law enforcement officials and the slow handling of cases. Social media functions as a means of social control that is able to encourage transparency, accountability, and acceleration of handling certain cases. But on the other hand, reliance on virality has the potential to lead to reactive, and populist law enforcement, as well as give birth to public judgments that ignore the principle of presumption of innocence. These findings confirm that the phenomenon of No Viral No Justice has a dual impact that can simultaneously strengthen and include the principle of Equality Before the Law in criminal practice.
The Protection of International Humanitarian Law against Child Sexual Violence in Armed Conflict: A Case Study of Sudan
This study examines the protection of international humanitarian law for child victims of sexual violence in Sudan's armed conflict, particularly in the context of the use of sexual violence as a weapon of war by the Rapid Support Forces (RSF) since April 2023. Using normative legal research methods with legislative, conceptual, and comparative approaches, this study analyzes applicable international legal instruments, international criminal tribunal jurisprudence, and available law enforcement mechanisms. The results of the study show two main findings. First, the normative framework of international humanitarian law including the 1998 Rome Statute, the 1949 Geneva Convention, the 1989 Convention on the Rights of the Child, and the UN Security Council Resolutions have provided a juridically adequate legal basis for establishing criminal accountability against RSF perpetrators through the ICC mechanism based on the referral jurisdiction of Resolution 1593 (2005), as reinforced by the precedent of the Ali Kushayb ruling (October 2025). Second, effective protection for child victims of sexual violence faces serious implementation gaps due to four structural barriers: state non-cooperation in the execution of arrest warrants, limitations of UN Security Council mechanisms, barriers to proof on the ground, and the inadequacy of Sudan's national justice system. The study concludes that the continued impunity is not a reflection of the inadequacy of legal norms, but rather a failure of the political will of the international community to implement them consistently.
Implementation of Regional Regulation on Market Management in the Regulation of Morning Market Traders in Relation to Traffic Congestion in the Projo Ambarawa Market Area
Traffic congestion in the Projo Ambarawa Market area demonstrates that traffic problems within commercial areas are not solely associated with the increase in vehicle volume, but also with the governance of economic activities and the utilization of road space. This study aims to analyze the implementation of Regional Regulation of Semarang Regency Number 9 of 2024 concerning the Establishment, Arrangement, and Development of People’s Markets in the regulation of Morning Market traders, as well as to assess its effectiveness in relation to traffic congestion in the market area. This research employs an empirical juridical approach by examining normative provisions and their implementation through interviews, field observations, and analysis of relevant legal materials. The findings indicate that the Regional Regulation has been administratively implemented for traders operating within the market area through mechanisms of trader identification, limitation of operational hours, and monitoring by the authorized regional government agencies. However, its effectiveness remains limited because trading activities extend beyond the market boundaries and fall within a fragmented configuration of authority among the Trade Office, the Transportation Agency, the Civil Service Police Unit, and private land managers. Congestion in the area is not only triggered by the presence of traders, but also by the concentration of economic activities, on-street parking practices, public transportation stops outside designated points, and weak cross-sector coordination. This study concludes that the principal issue lies in the governance of authority and coordination that have not been sustainably integrated, such that the effectiveness of congestion control cannot be achieved solely through the normative instruments of the Regional Regulation.
Implementation of Regional Regulation, State Administrative Law, Fragmentation of Authority, Cross-Sector Coordination, Market Area Congestion
The Role of Visum et Repertum as Evidence in Proving Criminal Acts of Sexual Violence Against Children: A Study of Decision Number 652/Pid.Sus/2024/PN Btm
In the Indonesian criminal justice system, Visum et Repertum occupies a strategic position, especially in situations where children become victims of sexual violence, as it serves as evidence that provides medical and scientific support for proving the elements of a crime. This study aims to analyze the role of Visum et Repertum in proving criminal acts of sexual violence against children and its position as material for judges' consideration in deciding cases, with a focus on Decision Number 652/Pid.Sus/2024/PN Btm. The research uses a normative legal method, combining a regulatory approach and case studies, which are then analyzed qualitatively. The results of the study show that based on Law Number 8 of 1981 concerning the Criminal Procedure Code, under Article 184 paragraph (1) in relation to Article 187 of the Criminal Procedure Code, Visum et Repertum constitutes documentary evidence within the criminal justice system. However, its probative force is not autonomous, as it must be considered alongside other admissible evidence and the judge’s conviction in accordance with Article 183. Accordingly, Visum et Repertum serves as a crucial instrument in supplying objective medical findings, particularly in cases concerning sexual abuse of children. With the enactment of Law Number 20 of 2025 concerning the Criminal Procedure Code, the evidence system has undergone improvements that further emphasize the position of documentary evidence in the criminal justice process. Thus, the Visum et Repertum serves not only as a medical document but also as a legal instrument supporting the realization of material truth and the principle of assisting the judge in forming an objective and measurable legal conviction.
Visum et Repertum; sexual violence against children; Criminal Procedure Code; criminal procedure law.
The Authority of the Ombudsman of the Republic of Indonesia in Handling Maladministration in Public Services: A State Administrative Law Perspective
The consequence of the welfare state concept requires the government to provide excellent public services for the community. To oversee the implementation and prevent maladministration, the state established the Ombudsman of the Republic of Indonesia through Law Number 37 of 2008. Legal issues that arise in state administration practice are the end product of the Ombudsman's authority in the form of "Recommendations" which are only magistrature of influence (Moral Influence) and do not have the force of execution like a court decision. This results in these recommendations often being ignored by state administration agencies. This research is a normative legal research that uses a statute approach and a conceptual approach. Based on the perspective of State Administrative Law, the results of the research itself indicate that the position of the Ombudsman is as an external supervisory institution (state auxiliary organ) tasked with maintaining bureaucratic compliance with the General Principles of Good Governance (AUPB). To address the weak legal binding power of the Recommendation, a legal construction with integrity is needed. This ideal construction is built by synchronizing the Ombudsman Law with the administrative sanction instruments in Law Number 25 of 2009 concerning Public Services and also Law Number 30 of 2014 concerning Government Administration. Through this construction, the act of ignoring the Recommendation itself is categorized as a violation of the AUPB, thus mandatorily forcing the reported official's superior, under the supervision of the Government Internal Supervisory Apparatus (APIP), to impose administrative sanctions on personnel in stages to ensure certainty of resolution.
POLICY ON THE FORMULATION OF ARTIFICIAL INTELLIGENCE ACCOUNTABILITY FOR THE CREATION AND DISSEMINATION OF DEEPFAKE VIDEOS FROM A CRIMINAL LAW PERSPECTIVE IN INDONESIA
The advancement of Generative Adversarial Network (GAN) technology has enabled deepfakes to facilitate serious crimes in Indonesia, including non-consensual pornography, public figure impersonation, and political disinformation. This study analyzes Indonesia's existing criminal law framework regarding AI-based deepfake accountability and proposes ideal policy reforms. Using normative legal research with legislative, conceptual, and comparative approaches, this study identifies significant normative gaps (lex lacuna) across the ITE Law, the New Criminal Code or Kitab Undang-Undang Hukum Pidana (KUHP), and the Personal Data Protection (PDP) Law. Key deficiencies include the absence of a legal definition of deepfakes, no comprehensive accountability mechanism covering the AI production chain, and difficulties applying mens rea principles given AI system autonomy. Comparative analysis of the EU AI Act and China's Deep Synthesis Regulations reveals that effective regulation requires a layered accountability model: strict liability for AI developers, vicarious liability for platform operators, and direct liability for end users. This framework should be complemented by mandatory synthetic content labeling and harmonization with the PDP Law and New Criminal Code as lex generalis. This study recommends either enacting a dedicated Artificial Intelligence Bill or revising the ITE Law to explicitly criminalize deepfake creation and dissemination. Such reform is essential to establish legal certainty, close existing normative gaps, and strengthen public protection against AI-facilitated crimes in Indonesia.
Psychological Aspects of Offenders and Penal Sanctions Effectiveness in Child Sexual Explotation Cases : Case Study Number : 1477/Pid.Sus/2024/Pn Plg
Cases of child sexual exploitation through digital media (CSAM) continue to escalate; however, law enforcement frequently concentrates solely on imposing retributive prison sentences without adequately considering the offender's psychological profile. This study analyzes Court Decision Number 1477/Pid. Sus/PN Plg, in which the defendant was sentenced to 11 years in prison without a mandate for clinical rehabilitation, to evaluate the effectiveness of such sanctions from a forensic psychological perspective and emphasize the urgency of implementing a Double Track System to mitigate recidivism. Employing a qualitative method with a normative juridical and case study approach, the research finds that pure imprisonment is substantively ineffective as it fails to address the cognitive distortions and psychosexual disorders prevalent among offenders, which cannot be remediated through physical isolation alone. Neglecting these psychological dimensions in judicial verdicts compromises long-term public protection once the offender completes their sentence. Consequently, this research affirms that achieving substantive justice requires the Indonesian criminal justice system to transform towards a Double Track System as mandated by the TPKS Law, wherein the integration of forensic psychological assessments in court proceedings becomes an absolute prerequisite for determining appropriate action sanctions (rehabilitation) to effectively break the cycle of child sexual violence.
Absolute Competence of the State Administrative Court over Onrechtmatige Overheidsdaad Disputes in Indonesia’s 2024 Election
Decision Number 133/G/TF/2024/PTUN.JKT of the Jakarta State Administrative Court, which declared the lawsuit against the General Election Commission (KPU) inadmissible, has generated debate concerning the limits of the absolute jurisdiction of the State Administrative Court (PTUN) in adjudicating disputes related to onrechtmatige overheidsdaad (OOD) during the electoral process. This article examines the scope of PTUN’s authority over administrative actions undertaken by election management bodies, using the a quo decision as the central object of analysis. This study employs normative legal research through statutory, conceptual, and analytical approaches, based on an examination of the Law on Government Administration, the Election Law, Supreme Court Regulation Number 2 of 2019, and relevant judicial decisions. The findings show that the Jakarta PTUN classified the dispute as an election process dispute governed by the electoral legal regime as lex specialis, thereby excluding the OOD mechanism. The Court reasoned that the KPU’s actions constituted the implementation of Constitutional Court Decision Number 90/PUU-XXI/2023, which is final and binding. This interpretation narrows judicial control over administrative actions in the electoral process. Conceptually, the finality of Constitutional Court decisions attaches to their normative content and operative ruling, not automatically to implementing administrative actions. Therefore, such actions should remain subject to judicial review under the OOD mechanism. Harmonization between the Election Law and the Law on Government Administration is necessary to ensure legal certainty and uphold the rule of law.
The Paradox of the Respectful Workplace Policy Due to Normative Multi-Interpretation from the Perspective of Labor Protection Law: A Study on a Business Unit of a BUMN (State-Owned Enterprise) in the Commercial & Trading Sector
The Respectful Workplace Policy (RWP) is an internal corporate norm designed to create a safe and inclusive work environment free from discrimination, violence, and harassment, while also supporting the implementation of good corporate governance. Within State-Owned Enterprises (SOEs), the RWP carries particular significance due to its connection to public interests and heightened demands for legal certainty. However, the formulation of the RWP relies on open-ended phrases without objective indicators, which potentially generates normative ambiguity in employment relations. This study aims to analyze the quality of the normative formulation of the RWP, identify patterns of normative ambiguity in workplace practice, and examine its implications for legal certainty and worker protection within SOEs. The research employs an empirical juridical approach by combining normative analysis of labor regulations and RWP documents with semi-structured interviews and observations involving workers across hierarchical levels in a Commercial & Trading business unit of an SOE. The findings reveal that the RWP is not operationally formulated due to the absence of clear behavioral boundaries, violation thresholds, and assessment parameters, resulting in systemic and vertical normative ambiguity. This condition undermines legal certainty and encourages excessive self-restraint (self-censorship) in workplace interactions. KEYWORDS Respectful Workplace Policy; internal norms; normative ambiguity; lex certa; legal certainty; worker protection
THE EFFECTIVENESS OF BRAND SUBSTANTIVE CHECKS ESSENTIAL STANDARDS IN ONLINE REGISTRATION
This study examines the effectiveness of the essential standards of brand substantive examination in the online registration system in Indonesia. A sociological juridical approach is used to analyze the gap between legal norms and implementation practices. Hans Kelsen's theory of validity and Lawrence Friedman's theory of legal effectiveness became the main framework of analysis. The findings of the study show that Article 20 and Article 21 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications have formulated adequate parameters regarding discriminating power, similarity in essence, and bad faith. However, the effectiveness of its implementation is constrained by three fundamental problems. First, the abstract character of the norm of equations basically opens up a wide space for interpretation and creates inuniformity of judgment. Second, the capacity of human resources for inspectors has not been optimal, characterized by weak compliance with registration guidelines and the lack of quality assurance mechanisms. Third, the technical limitations of digital systems in detecting non-textual similarities such as phonetic and conceptual aspects. The accumulation of these obstacles has implications for the inconsistency of examination results, the high rejection rate with a ratio of one to four, and an increase in appeals. This study recommends the simultaneous strengthening of the three Friedman elements through the improvement of interpretation guidelines, systematic enhancement of the capacity of examiners, and the development of a system algorithm capable of detecting non-textual similarities in order to realize a trademark registration system that is not only procedurally efficient, but also able to ensure legal certainty and fair protection of trademark rights.
LEGAL RISKS IN NON-FUNGIBLE TOKEN (NFT) TRANSACTIONS
The advancement of blockchain technology has introduced Non-Fungible Tokens (NFTs) as digital assets representing ownership of creative works. However, the burgeoning NFT market precipitates significant legal risks, primarily arising from the dichotomy between the ownership of the digital token and the copyright of the underlying work. This research aims to examine the juridical risks inherent in NFT transactions, given the regulatory lacuna within the Indonesian legal system. Although Law No. 28 of 2014 concerning Copyright provides a normative framework, its application within the NFT ecosystem confronts challenges regarding legal certainty and platform accountability. The findings underscore the exigency of statutory harmonization and a more comprehensive legal protection mechanism, including defined liabilities for Electronic System Providers (ESPs), to mitigate risks and ensure equitable legal protection within Indonesia’s digital economy.
Non-Fungible Tokens (NFTs), Intellectual Property, Legal Certainty, Blockchain Technology, Legal Risks.
Single Prosecution System and the Effectiveness of the Attorney General's Office in Prosecuting Corruption Cases
Corruption as an extraordinary crime requires special legal measures and law enforcement institutions with strong authority to ensure that the country's criminal policies are implemented in an integrated manner. This study aims to examine the urgency of strengthening the role of the Attorney General's Office as the sole coordinating body in the criminal justice system in order to reduce the challenges of dualism in prosecution between the Attorney General's Office and the Corruption Eradication Commission (KPK), which often leads to procedural inefficiencies and the phenomenon of back-and-forth file transfers. The research method used is normative juridical with a legislative and conceptual approach, using the Theory of Legal Effectiveness and Legal Certainty as the main analytical tools. Corruption as an extraordinary crime requires special legal measures and law enforcement institutions with strong authority to ensure that the country's criminal policies are implemented in an integrated manner. This study aims to examine the urgency of strengthening the role of the Attorney General's Office as the sole coordinating body in the criminal justice system in order to reduce the challenges of dualism in prosecution between the Attorney General's Office and the Corruption Eradication Commission (KPK), which often leads to procedural inefficiencies and the phenomenon of back-and-forth file transfers. The research method used is normative juridical with a legislative and conceptual approach, using the Theory of Legal Effectiveness and Legal Certainty as the main analytical tools. Corruption as an extraordinary crime requires special legal measures and law enforcement institutions with strong authority to ensure that the country's criminal policies are implemented in an integrated manner.
Single Prosecution System, Corruption, Dominus Litis, Prosecutor's Office, New Criminal Procedure Code.
Comparison of the Implementation of Regional Spatial Plans on Environmental Quality in Dewa Ruci and Glagah Beaches, Purworejo Regency
The Regional Spatial Plan (RTRW) is an instrument in controlling the use of space to maintain environmental sustainability, especially in coastal areas that have a high level of ecological vulnerability. Dewa Ruci Beach and Glagah Beach in Purworejo Regency are developing as coastal tourist areas with differences in the implementation of RTRW that have an impact on environmental quality. This study aims to analyze and compare the implementation of RTRW on environmental quality in the two regions. The research method used is qualitative with a normative juridical approach through a study of Law Number 26 of 2007 concerning Spatial Planning, RTRW regional regulations of Purworejo Regency, as well as laws and regulations related to the management of coastal areas and the environment. Data were obtained through literature studies on primary, secondary, and tertiary legal materials, and supported by indirect observations, limited interviews, and documentation. The analysis was conducted in a comparative descriptive manner to identify similarities, differences, and implications of the implementation of RTRW in both research locations. The results of the study show that the implementation of RTRW at Glagah Beach is relatively more effective and in accordance with the normative provisions of spatial planning, which is reflected in the control of space utilization, coastal boundary protection, and environmental conservation efforts. Meanwhile, the implementation of RTRW at Dewa Ruci Beach still faces obstacles in terms of control and law enforcement, resulting in an impact on the quality of the environment that is less than optimal. This study concludes that the implementation of RTRW normatively has a significant effect on the quality of the coastal environment and requires strengthening supervision and consistency of spatial planning policies.
Social Media Intervention and Substantive Justice Crisis: A Critical Legal Theory Study of Decision 726/Pid.Sus/2023/PN PIg
Social media has influenced criminal justice processes through the formation of public opinion that may exert pressure on objectivity and independence of law enforcement and judicial institutions. This condition has contributed to a crisis of substantive justice, in which legal proceedings are increasingly shaped by social pressure rather than by principles of procedural justice. This article aims to analyze social media intervention in the criminal justice system using the perspective of Critical Legal Theory. Socio-legal approach implememt by combining normative legal analysis with empirical examination of judicial practices in the digital era. The study shows social media pressure can undermine judicial impartiality, limit the discretion of law enforcement officials, and weaken the legitimacy of judicial institutions. This study concludes that institutional strengthening and legal reconstruction are necessary to preserve judicial independence, protect human rights, and ensure the realization of substantive justice.
Urgency of Femicide Watch in Implementing SDG 5: Gender Equality to Prevent Femicide in Indonesia
The persistence of gender-based killings in Indonesia reflects structural challenges in legal recognition, data integration, and institutional coordination in addressing violence against women. Although various laws on the protection of women have been enacted, Indonesian positive law does not explicitly recognise femicide as a gender-based category of homicide, and national data systems do not consistently provide gender-disaggregated monitoring of such cases. This study aims to analyse the urgency of establishing a Femicide Watch mechanism in Indonesia as a strategic instrument to prevent femicide and to examine its relevance within the framework of Sustainable Development Goal (SDG) 5. This research employs a qualitative empirical approach using a socio-legal perspective. Data were collected through in-depth interviews with a legal practitioner and psychologist, as well as officials from a regional women and child protection unit, complemented by secondary data from legislation, judicial developments, institutional reports, and provincial statistics on violence against women. Comparative analysis of international practices was also conducted. The facts show that although a rapid response mechanism for protection services has been established at the national level, the judicial system remains reactive and lacks a comprehensive governance framework to address gender issues. The state's refusal to recognize femicide means that data is not classified, making it difficult to accurately monitor progress. The establishment of mechanisms to systematically monitor killings of women will strengthen legal protections and increase accountability, reaffirming Indonesia's commitment to gender equality and violence reduction in line with the Sustainable Development Goals (SDGs).
The Implementation of Legal Protection for Child Perpetrators of Bullying (A Comparative Study of Indonesia and Finland)
Bullying involving children has become an increasingly serious issue in Indonesia and poses complex legal challenges, particularly when children are positioned not only as victims but also as perpetrators. The prevailing legal framework requires a careful balance between legal accountability and the protection of children’s rights. This article aims to analyze the implementation of legal protection for child perpetrators of bullying in Indonesia and to compare it with the juvenile justice approach applied in Finland. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The study examines legislation concerning child protection and the juvenile criminal justice system in Indonesia, relevant international legal instruments, as well as policies on bullying prevention and child protection in Finland. The findings indicate that, although Indonesian law normatively emphasizes the principle of child protection, including the application of diversion and restorative justice, its implementation in cases involving child perpetrators of bullying remains inconsistent and tends to be oriented toward punitive measures. In contrast, Finland prioritizes preventive efforts, psychosocial interventions, and school-based accountability mechanisms, thereby minimizing the use of criminal sanctions against children. This study concludes that enhancing the effectiveness of legal protection for child perpetrators of bullying in Indonesia requires strengthening restorative justice mechanisms, improving inter-agency coordination, and integrating prevention models that are non-punitive in orientation and centered on the best interests of the child.
Child Protection; Bullying; Juvenile Justice; Comparative Law.
Normative Analysis of Online Registration of Sound Trademarks in Indonesia
The development of non-traditional brands has led to the expansion of trademark legal protection, including against sound brands. In Indonesia, voice trademarks have been recognized normatively in Law Number 20 of 2016 concerning Trademarks and Geographical Indications and are registered through an online trademark registration system managed by the Directorate General of Intellectual Property. However, this recognition raises various legal and institutional issues, especially related to legal certainty, technical standards for registration, and the effectiveness of the online registration mechanism. This study aims to analyze the normative regulation of voice trademark registration in the Indonesian legal system and examine the legal implications of online voice trademark registration. This study uses a normative legal research method with a legislative approach and a comparative legal approach, by comparing the regulation and practice of voting trademark registration in Indonesia, Australia, and the European Union. In addition, a conceptual approach is used to examine the concept of non-traditional brands, differentiating power, and legal certainty. The results show that although sound trademarks have been normatively recognized, the trademark registration system in Indonesia has not been supported by adequate technical arrangements and operational standards. The absence of examination guidelines and limited transparency in the online registration system create legal uncertainty and expand the administrative discretion of the examiner. This condition has an impact on weak legal protection for applicants and interested parties. This study concludes that strengthening implementing and institutional regulations is needed to realize effective, transparent, and fair registration of voice trademarks.
THE PHENOMENON OF CONSUMER FLEXING OF BRANDED PRODUCTS FOR MEMBERS OF LEGISLATIVE ON SOCIAL MEDIA
The practice of flaunting a luxurious lifestyle among public officials through social media has drawn widespread attention, indicating a shift in political communication and self-representation patterns that have the potential to influence public trust and shape a consumerist culture in society. This phenomenon is problematic because it not only touches on social and ethical dimensions but can also lead to legal consequences related to the principles of propriety, integrity, and responsibility through the position obtained. This research has an urgency to legal studies that have not been optimally comprehensive and requires a special study regarding the relationship between officials' flexing with legal principles, government ethics, and social norms in the digital era. This study uses a qualitative method with a normative juridical approach and is supported by non-doctrinal studies through social concept analysis, with data collection techniques in the form of library studies of laws and regulations, legal doctrine, and relevant literature. The results of the study indicate that the flexing phenomenon is influenced by the theory of symbolic consumption and social dramaturgy in the form of the use of modern lifestyles as a means of image formation and status legitimacy. The originality of this research lies in the link between consumer flexing behavior and the legal ethics of public officials in the digital age. This study concludes that there is a need to strengthen ethical regulations and social media oversight mechanisms for legislators.