Ipso Jure (IJ) is a peer-reviewed open access international journal established for the dissemination of cutting-edge knowledge in the Law Field. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two Reviewers through a double-blind review process. This is done to ensure the quality of manuscripts published in the journal. The journal publishes original articles on current issues and trends occurring internationally in the the fields of: (1) Criminal law, (2) civil law, (3) constitutional law, (4) commercial law, (5) corporate law, (6) banking law, (7) legal philosophy and theory, (8) comparative law, (9) legal sociology, (10) international law, (11) constitutional law, (12) economic law, (13) environmental law, (14) criminal law, (15) administrative law, (16) cyber law, (17) human rights law and agrarian law. The journal, which has been published since 2024, is published twelve times each year in January, February, March, April, May, June, July, August, September, Octobe, November and December. Journal title : Ipso Jure Initials : IJ Frequency : 12 (twelve) times a year DOI : 10.62872 ISSN Online : 3032-7644 Editor in Chief : Dr. Desi Sommaliagustina, S.H., M.H. Managing Editor : Dr.H.Yusep Mulyana,M.H. Assistant Editor : Dr. Rachmadi Usman, S.H., M.H. Publisher : PT. Anagata Sembagi Education Accreditation : On Process
Adaptive Law in the Era of Disruption: Legal Flexibility in Facing Global Change
The era of technological disruption marked by the revolution in artificial intelligence, blockchain, the platform economy, and digital transformation has placed conventional legal systems at a critical juncture that requires a fundamental response. This study examines the concept of Adaptive Law as a new legal paradigm that offers flexibility, responsiveness, and regenerative capacity in the face of unprecedented acceleration of global change. Using a normative legal research approach enriched with a comparative analysis of the implementation of adaptive law in various jurisdictions, this study finds that legal systems that are resilient and relevant in the era of disruption are those that integrate continuous renewal mechanisms, regulatory sandboxes, sunset clauses, and multi-stakeholder participation in the norm-formation process. The results of the study indicate that adaptive law is not merely procedural flexibility, but rather a comprehensive legal philosophy that requires a fundamental reconstruction of how the legal system is conceptualized, formed, and implemented. The study's conclusion confirms that the transformation towards adaptive law requires systemic institutional reform, a shift in legislative paradigms, and the development of institutional capacity capable of keeping pace with the increasingly rapid pace of technological and social change.
Copyright (c) 2026 Jemielka Roosje Satyana Pilongo (Author) https://creativecommons.org/licenses/by-sa/4.0
Exploitation of Legal Loopholes in the Regulatory System: A Justice and Legal Certainty Perspective
Legal loopholes are a phenomenon inherent in every regulatory system, arising from editorial imperfections, normative voids, interpretive ambiguities, and social developments that outpace the formation of laws and regulations. This study aims to analyze the exploitation of legal loopholes from the perspective of substantive justice and legal certainty, by evaluating their impact on the integrity of the Indonesian legal system. Using normative legal research methods with statutory, conceptual, and case approaches, this study finds that opportunistic exploitation of legal loopholes creates tension between formal legality and substantive justice, and threatens public trust in the rule of law. The results indicate that legal loopholes stem from four main factors: (1) weaknesses in legislative drafting; (2) technological and economic developments that outpace regulations; (3) inconsistencies in judicial interpretation; and (4) conflicts of norms between regulatory levels. This study concludes that there is a need for a reconstruction of the legal formation paradigm that is oriented towards preventing regulatory loopholes from the planning stage, accompanied by strengthening judicial review mechanisms and developing the doctrine of teleological interpretation.
Copyright (c) 2026 Basri Basri (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Implications of the Use of State Land for Individual Rights
State land is an agrarian resource whose management is in the hands of the government as a representative of the state based on the right to control as mandated by the Basic Agrarian Law (UUPA) Number 5 of 1960. However, in the practice of governance, the use of state land often causes conflicts and clashes with existing individual rights inherent in individuals and legal entities. This study examines the legal implications arising from the use of state land on individual rights, both in terms of ownership rights, cultivation rights, building rights, and usage rights. The research method used is normative legal research with a statutory and conceptual approach, supported by primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of land law literature. The results of the study indicate that the use of state land that does not pay attention to the principles of legal certainty, justice, and benefit has the potential to result in the loss or reduction of individual rights unilaterally without adequate compensation, which is contrary to the constitution. Regulatory harmonization is needed between the provisions of the UUPA, the Job Creation Law, and technical land regulations to provide stronger legal protection for individual rights holders on state land.
Copyright (c) 2026 Dedy Muharman (Author) https://creativecommons.org/licenses/by-sa/4.0
Effectiveness of Law Enforcement in Achieving Certainty and Justice
Law enforcement is a central instrument in realizing two fundamental legal values ​​that are often in tension with each other: legal certainty and substantive justice. This article aims to analyze the extent to which law enforcement in Indonesia is able to realize these two values ​​simultaneously, as well as the factors that influence its effectiveness. This study uses a normative legal research method with a conceptual and legislative approach, supported by secondary data in the form of laws and regulations, court decisions, and the latest legal literature. The results show that the effectiveness of law enforcement is greatly influenced by the quality of legal substance, the integrity and competence of law enforcement officers, the legal culture of the community, and the consistency of the application of legal principles in judicial practice. It was also found that an overly legalistic-positivistic orientation of law enforcement tends to produce formal legal certainty but ignores the community's sense of justice, while an approach that overly prioritizes substantive justice without a clear basis for legal certainty can lead to uncertainty and inconsistency in decisions. This article recommends the need for a progressive approach that integrates legal certainty and substantive justice through strengthening the judicial system, institutional reform, and strengthening the community's legal culture as prerequisites for realizing effective law enforcement
Copyright (c) 2026 Diana Pujiningsih (Author) https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of the Implementation of Criminal Sanctions in Efforts to Combat Corruption in Indonesia
Corruption is an extraordinary crime that systematically damages the foundations of national life in Indonesia. This study aims to analyze the effectiveness of the application of criminal sanctions in efforts to overcome corruption in Indonesia, as well as to identify factors that influence the effectiveness of criminal punishment for corruptors. The research method used is normative juridical with a statute approach, a conceptual approach, and a case approach. Data were obtained from primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature, journals, and reports from related institutions. The results of the study indicate that the application of criminal sanctions against perpetrators of corruption in Indonesia is not fully effective, as reflected in the still high rate of corruption and the low deterrent effect produced. Factors that influence this ineffectiveness include inconsistency in sentencing by judges, disparities between the threat of punishment and the decisions handed down, and the weak implementation of additional punishment in the form of confiscation of assets. Reforming criminal justice policies that are oriented towards restorative justice and strengthening the mechanism for confiscating assets resulting from corruption are the main recommendations in this study
Copyright (c) 2026 Abd Razak Musahib (Author) https://creativecommons.org/licenses/by-sa/4.0
Analysis of Legal Protection for Public Shareholders in Public Limited Companies (PT Tbk) Through the Principle of Majority Rule, Minority Protection
A Public Limited Liability Company (PT Tbk), as a legal entity whose shares are widely owned by the public, presents a fundamental challenge in corporate governance: how to balance the authority of the majority with the protection of minority shareholders. The principles of majority rule and minority protection serve as the normative foundation that supports this balance within the Indonesian corporate legal framework. This study comprehensively examines how these principles are implemented in the provisions of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and relevant Financial Services Authority (OJK) regulations. The research method used is a normative juridical approach with a statutory approach and a conceptual approach. The results show that although the regulatory framework is quite comprehensive in regulating protection mechanisms, there are a number of normative gaps and practical challenges in its enforcement, particularly regarding transparency, information disclosure, and access to justice for public shareholders. This study recommends strengthening enforcement mechanisms and special regulations against oppressive actions by controlling shareholders
Copyright (c) 2026 Andria Marchelia, Muhammad Ridha Febriyani, I Gede Sandy Satria (Author) https://creativecommons.org/licenses/by-sa/4.0
Law Enforcement Against Transnational Cybercrime:Jurisdictional Problems and Regulatory Harmonization
The rapid development of information and communication technology has given rise to the phenomenon of transnational cybercrime, which challenges conventional criminal law, particularly the doctrine of territorial jurisdiction. This article aims to critically analyze the jurisdictional issues in law enforcement against transnational cybercrime and the urgency of regulatory harmonization at the global and regional levels. Using normative legal research methods based on statute, comparative, and conceptual approaches, this study finds that jurisdictional conflicts between countries constitute a structural obstacle stemming from the incompatibility between the concept of territorial state sovereignty and the borderless nature of cybercrime. Furthermore, harmonization efforts through the Budapest Convention have not achieved universal acceptability due to resistance from developing countries that view it as a Western instrument. Indonesia, as a country with high internet penetration, faces a dual challenge: limited domestic regulations and the absence of ratification of relevant international legal instruments. This study concludes that effective law enforcement against transnational cybercrime necessitates reform of international criminal law through an inclusive multilateral approach, strengthening of mutual legal assistance mechanisms, and transforming the jurisdictional paradigm from the principle of territoriality to the contextual effects doctrine principle.
Copyright (c) 2026 Rahmatilah Rahmatilah (Author) https://creativecommons.org/licenses/by-sa/4.0
Reconstruction Model in Filling the Regional Head Position from the Perspective of State Administrative Law and The Fourth Principle of Pancasila
This article analyzes the process of filling regional head positions in Indonesia and reconstructs its model from the perspective of State Administrative Law and the fourth principle of Pancasila. The research uses normative legal methods with statutory, conceptual, and historical approaches. The results indicate that the regulation of filling regional head positions has evolved toward a more structured direct electoral democracy, but still faces fundamental weaknesses, namely the dominance of political parties in the nomination process, high political costs, money politics, overly procedural democracy, single candidates, and the widespread use of acting regional heads. These conditions indicate that the current system does not fully align with the principles of State Administrative Law and the values of the fourth principle of Pancasila. This research proposes a reconstruction of a model for filling regional head positions that is administrative-deliberative in nature, with electoral legitimacy maintained through more proportional access to nominations, strengthening public deliberative forums, and stricter restrictions on the appointment of acting regional heads.
Copyright (c) 2026 Zulwisman Zulwisman, Hengki Andora (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Implementing Restorative Justice in Handling Juvenile Crime: A Study of the Principles of Humanity and Justice
Crimes committed by juveniles are a serious problem that requires comprehensive handling, prioritizing the principles of humanity and justice. The conventional retributive approach to criminal law is considered inappropriate for the characteristics of adolescent psychological development and their rehabilitation needs. This article aims to examine the urgency of implementing restorative justice in handling juvenile crime in Indonesia from the perspective of humanity and justice. The research method used is normative legal research with statutory, conceptual, and comparative approaches. The results of the study indicate that restorative justice provides a more humane framework for resolution because it prioritizes restoring relationships between perpetrators, victims, and the community, rather than simply retaliation. This approach aligns with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which prioritizes diversion and the best interests of children. The application of restorative justice has been proven to reduce recidivism rates, encourage perpetrator responsibility, and restore victims' dignity more effectively than conventional punishment. This study concludes that restorative justice is not merely an alternative but a necessity in a just and humane juvenile criminal justice system
Copyright (c) 2026 Henny Saida Flora, Saptaning Ruju Paminto, Harly Clifford Jonas Salmon (Author) https://creativecommons.org/licenses/by-sa/4.0
Corruption in the Digital Age: Challenges of Law Enforcement in Electronic Government Systems
The development of information technology has driven the transformation of governance through the implementation of the Electronic-Based Government System (ESBS) as an effort to realize a transparent, accountable, and efficient government. However, this digitalization does not necessarily eliminate corrupt practices, but rather gives rise to new, more complex, technology-based corruption patterns. This study aims to analyze the challenges of law enforcement against corruption crimes in the digital era within the ESBS system, particularly those caused by the ambiguity of norms in laws and regulations. The research method used is normative legal research with a legislative and conceptual approach, through an analysis of regulations related to ESBS, corruption crimes, and information technology law. The results show that the ESBS regulations in Presidential Regulation Number 95 of 2018 are still administrative in nature and have not been optimally integrated with the legal regime for eradicating corruption. In addition, there is a lack of clarity in the norms regarding the determination of legal accountability, system security standards, and digital evidence mechanisms, which creates legal uncertainty and multiple interpretations in law enforcement practices. Disharmony between the Corruption Crime Law and the Electronic Information and Transactions Law also weakens the effectiveness of enforcement against digital corruption. Therefore, legal reconstruction is needed through the reformulation of norms that are adaptive, integrative, and responsive to technological developments to ensure legal certainty and the effectiveness of eradicating corruption in the digital era.
Copyright (c) 2026 Rahmat Setiawan (Author) https://creativecommons.org/licenses/by-sa/4.0
Conflict of Norms Between Regional Regulations and Higher Legislation: Analysis of the Principle of Legal Hierarchy
Conflicts between regional regulations and higher-level laws and regulations are a common problem in the Indonesian legal system and have implications for legal uncertainty. This study aims to analyze the application of the principle of legal hierarchy in resolving these normative conflicts and to identify the causal factors and effectiveness of the resolution mechanisms. The research method used is normative legal research with a statutory, conceptual, and case approach, supported by primary, secondary, and tertiary legal materials. The results of the study indicate that normatively, the principle of lex superior derogat legi inferiori has provided a strong basis for maintaining normative consistency, but its implementation still faces various obstacles, such as weak regulatory harmonization, limited capacity of regional regulation makers, and the influence of local political interests. In addition, conflict resolution mechanisms through judicial review by the Supreme Court and executive review by the central government have not been fully effective due to dualism of authority and implementation obstacles. This condition has an impact on regulatory disharmony, disrupted investment climate, and decreased public trust in the law. Therefore, it is necessary to strengthen preventive mechanisms through harmonization from the planning stage, integration of the supervisory system, and affirmation of the role of the principle of legal hierarchy as the main instrument in maintaining the consistency of the legal regulatory system in Indonesia.
Copyright (c) 2026 Marudut Hasugian (Author) https://creativecommons.org/licenses/by-sa/4.0
Harmonization of Pancasila Values with the Principles of Maqasid Al-Syariah in the Framework of the Unitary State of the Republic of Indonesia (NKRI)
This research aims to comprehensively examine and analyze the harmonization of Pancasila values with the principles of Maqasid Al-Syariah within the framework of the Unitary State of the Republic of Indonesia (NKRI), as a conceptual and practical effort in strengthening national integration in the midst of the reality of pluralistic and religious Indonesian society. The research problem departs from the existence of discursive tensions regarding the relationship between religion and the state, which in some contexts has the potential to give birth to social fragmentation and ideological conflicts. Therefore, an integrative approach is needed that is able to dialogue national values with religious normative values in a constructive, systematic, and sustainable manner. This research uses a qualitative approach with a type of library research that is enriched through normative-philosophical, juridical, and conceptual approaches. The results of the study show that there is substantive coherence of values between Pancasila and Maqasid Al-Sharia, especially in the orientation towards the protection and maintenance of fundamental aspects of human life (al-kulliyat al-khams), namely hifz al-din (protection of religion), hifz al-nafs (protection of the soul), hifz al-'aql (protection of intellect), hifz al-nasl (protection of descendants), and hifz al-mal (protection of property). These values are implicitly internalized in the precepts of Pancasila which emphasizes the principles of divinity, humanity, unity, deliberative democracy, and social justice. Thus, there is no epistemological or axiological contradiction between the two, but rather a relationship that is complementary and mutually reinforcing. The theoretical implications of this study confirm the importance of developing an integrative paradigm between state ideology and sharia principles within the framework of modern nation-states. Meanwhile, practically, the results of this research contribute to strengthening the ethical basis in public policy formulation, national legal development, and governance oriented to public interest, substantive justice, and respect for Human Rights (HAM). Thus, the harmonization of the values of Pancasila and Maqasid al-Syariah is a strategic foundation in building an inclusive, fair, and sustainable life of the nation and state within the framework of the Republic of Indonesia.
Copyright (c) 2026 Abdul Saman Nst (Author) https://creativecommons.org/licenses/by-sa/4.0
Social Justice in a Legal Perspective: An Analysis of Inequality in Access to Public Services
Social justice in public services is a fundamental element in a state based on the rule of law, which prioritizes public welfare. Although it is normatively guaranteed in the constitution and various laws and regulations, its implementation still faces various obstacles, particularly related to unequal access to public services. This study aims to analyze the manifestation of social justice from a legal perspective and examine the influence of normative ambiguity in public service regulations on unequal access. The research method used is normative legal research with a legislative and conceptual approach, supported by primary, secondary, and tertiary legal materials, and analyzed qualitatively using deductive reasoning. The results show that normative ambiguity in public service regulations creates legal uncertainty, expands the scope for discretion of officials, and increases the potential for abuse of authority. This condition results in the emergence of service discrimination, unequal service quality between regions, and the marginalization of vulnerable groups. Furthermore, a gap is found between the ideal legal norm (das sollen) and the implemented practice (das sein), indicating that the application of the principle of social justice is not yet optimal. Therefore, normative reconstruction is needed through the formulation of clearer, more operational, and measurable regulations, as well as strengthening monitoring and sanction mechanisms to ensure equal access to public services.
Copyright (c) 2026 Fitri Arianti, Anis Noviya (Author) https://creativecommons.org/licenses/by-sa/4.0
Effectiveness of Criminal Law Enforcement in Eradicating Corruption in National Strategic Sectors
Corruption in national strategic sectors is a serious problem that has a broad impact on economic stability and development. This study aims to analyze the effectiveness of criminal law enforcement in eradicating corruption in national strategic sectors and to examine the influence of normative ambiguity on legal certainty. The research method used is normative legal research with a statutory, conceptual, and case approach, with primary legal material in the form of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Law Number 20 of 2001, and supported by secondary and tertiary legal materials. The results of the study indicate that the effectiveness of law enforcement is still not optimal due to normative ambiguity, particularly regarding state financial losses and abuse of authority, which gives rise to multiple interpretations and inconsistencies in law enforcement. In addition, disharmony between criminal law and state administrative law, weak coordination between institutions, and the influence of non-juridical factors such as politics and economics also hamper the effectiveness of law enforcement. The resulting legal uncertainty also impacts the investment climate and development implementation in strategic sectors. Therefore, a clearer and more assertive normative reconstruction, harmonization of regulations, and strengthening of legal structures and culture are needed to realize effective, fair law enforcement and provide legal certainty.
Copyright (c) 2026 Anis Noviya (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Money Laundering Crimes from the Perspective of Transnational Organized Crime
The development of globalization has led to an increase in money laundering as part of transnational organized crime, which has serious impacts on economic stability and national legal systems. This study aims to analyze the legal provisions of money laundering within the national and international legal frameworks, and to examine the ambiguity of the norm regarding "proceeds of crime" and its implications for evidence. The research method used is normative legal research with a statutory and conceptual approach, supported by primary, secondary, and tertiary legal materials through literature studies, and analyzed qualitatively using legal interpretation methods. The results show that although legal regulations have accommodated international principles, there is still ambiguity in the norm regarding the definition of "proceeds of crime," which gives rise to multiple interpretations and legal uncertainty. This impacts on the difficulty of proving, particularly in linking assets to predicate crimes in a cross-border context. Furthermore, limited international cooperation and differences in legal systems further complicate law enforcement. Therefore, normative reconstruction is needed through a more assertive and restrictive formulation and strengthening of the asset-based approach to increase the effectiveness of money laundering eradication.
Copyright (c) 2026 Fitri Arianti Saputri (Author) https://creativecommons.org/licenses/by-sa/4.0
The Integrity Crisis of State Apparatus: A Criminal Law Study of Systemic Corruption Practices
Corruption, as an extraordinary crime, has developed into a systemic practice that threatens the integrity of state officials and weakens governance. The main problem in eradicating corruption lies not only in law enforcement but also in normative weaknesses, particularly the vagueness of norms regarding the element of "abuse of authority." This study aims to analyze how the vagueness of norms in criminal law on corruption contributes to the development of systemic corruption and its implications for the integrity crisis of state officials. The research method used is normative legal research with a statutory, conceptual, and case-based approach, through an analysis of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 as well as related doctrines and court decisions. The results show that the vagueness of norms regarding the element of abuse of authority gives rise to multiple interpretations in judicial practice, which has implications for disparate decisions, inconsistent law enforcement, and the emergence of the phenomenon of policy criminalization and impunity. This condition weakens the effectiveness of corruption eradication and is unable to create an optimal deterrent effect. Furthermore, these substantive weaknesses in the law are correlated with the weak integrity of state officials within the judicial system, thus reinforcing the systemic nature of corruption. Therefore, a reformulation of criminal law norms on corruption is needed that is firmer and more in harmony with administrative law, as well as strengthening the integrity of state officials to achieve legal certainty, justice, and legal benefits in eradicating corruption.
Copyright (c) 2026 Angga Aldilla Gussman (Author) https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of Notary examination mechanism as a witness in the investigation phase after the Constitutional Court decision Number 49 / PUU-X/2012
The position of the Notary as a public official who is authorized to make authentic deeds places him in a strategic position in the civil law proof system as well as in the criminal law enforcement process. In practice, it is not uncommon for a notary to be called and checked at the stage of the investigation regarding the deed drawn up by him. This study aims to analyze the concept of notary position in the investigation process as well as the mechanism of summoning and examination of notaries as witnesses after the decision of the Constitutional Court decision Number 49/PUU-X/2012. The method used is normative legal research with a legislative and conceptual approach, especially to the Notary Office Act and the Code of Criminal Procedure. The results showed that notaries can be called as witnesses, experts, or related parties, but still bound by the obligation to maintain the confidentiality of the position. After the Constitutional Court decision, the mechanism for calling notaries must still pay attention to the principle of protecting positions through special procedures as stipulated in Article 66 of the UUJN. Therefore, a balance is needed between the authority of investigators in uncovering criminal acts and the protection of the dignity and independence of the notary profession in order to ensure certainty, justice, and legal expediency.
Copyright (c) 2026 Bustani Bustani (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Responsibility in Smart Contracts in Blockchain Transactions
The development of blockchain technology has given rise to smart contracts as a self-executing, decentralized, code-based contractual mechanism. Their presence poses conceptual and normative challenges in the Indonesian contract law system, particularly regarding the legal standing and construction of the parties' responsibilities amidst a normative vacuum. This study aims to analyze the legal status of smart contracts from the perspective of Indonesian civil law and to formulate a relevant legal liability model for blockchain-based transactions. The research method used is normative legal research with statutory, conceptual, and analytical approaches. Primary legal materials include the Civil Code, the Electronic Transactions and Transactions Law, and regulations related to electronic transactions, while secondary legal materials include doctrine, liability theory, and literature on blockchain. The results show that smart contracts can be qualified as agreements as long as they meet the valid requirements of an agreement as stipulated in Article 1320 of the Civil Code. However, their immutable and automated nature creates tensions with the principles of freedom of contract and good faith. The identification of legal subjects in the blockchain ecosystem includes users, developers, validators, and platforms, with liability models that can be based on fault liability or the possibility of strict liability under certain conditions. The absence of norms has the potential to give rise to disparities in interpretation and legal uncertainty, so that a normative reconstruction is needed that is adaptive to the character of decentralization to ensure legal certainty, justice, and benefits.
Copyright (c) 2026 Neri Aslina, Anis Noviya (Author) https://creativecommons.org/licenses/by-sa/4.0
Harmonization of Mineral and Coal Mining Licensing Regulations in the National Legal System
Harmonization of mineral and coal mining (minerba) licensing regulations is a crucial issue in the national legal system, particularly following the amendment to the Minerba Law and its integration into the Job Creation Law regime. These regulatory dynamics have raised issues of norm synchronization, both vertically and horizontally, which impact legal certainty and natural resource governance. This study aims to analyze the normative construction of mineral and coal licensing within the regulatory hierarchy, identify forms of norm conflict, and formulate the urgency of regulatory harmonization from a rule of law perspective. This study uses a normative juridical method with a statute approach, a conceptual approach, and a legal system approach. Primary legal materials include the 1945 Constitution, the Minerba Law, the Job Creation Law, the Regional Government Law, and environmental and spatial planning regulations, which are analyzed prescriptively. The results show norm conflict in the form of central-regional authority conflicts, disharmony between mining business permits and environmental approvals, and overlaps between WIUPs and land rights. This situation undermines the principle of legal certainty (rechtssicherheit), potentially violating the principles of utility and justice, and weakening the legitimacy of state administrative actions. Harmonizing regulations through legislative review, strengthening norm synchronization mechanisms, and consistently applying the principles of lex superior, lex specialis, and lex posterior are prerequisites for realizing equitable and sustainable mining governance.
Copyright (c) 2026 Hezron Sabar Rotua Tinambunan (Author) https://creativecommons.org/licenses/by-sa/4.0
Increasing Awareness of the Younger Generation on Political Participation in General Elections
General elections are the main pillars of Indonesian democracy as stipulated in Article 27 of the 1945 Constitution of the Republic of Indonesia and Law Number 7 of 2017 concerning General Elections. The younger generation, which makes up about 55% of the total electorate, has a strategic role in determining the political direction of the nation. However, the phenomenon of political apathy and white groups (golput) among the younger generation shows a low awareness of their constitutional rights and obligations. This research aims to analyze efforts to increase the political awareness of the younger generation through political education and legal socialization. The method used is counseling and mentoring activities for students of SMK Negeri 8 Information and Communication Technology Jayapura on July 25, 2025. The results of the study show that systematic and comprehensive political education is able to increase the understanding of the younger generation about the importance of participation in elections, the right to vote as citizens, as well as the dangers of politicization and irrational mobilization. In conclusion, increasing the political awareness of the younger generation requires synergy between election organizers, the government, and educational institutions to form rational, critical, and actively participating voters in the democratic process.
Copyright (c) 2025 Marudut Hasugian, Firman, Muhamad Sofian (Author) https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of Criminal Law Policy in Tackling Digital-Based Crime in the Era of Artificial Intelligence
The development of digital technology characterized by the use of artificial intelligence has given birth to new forms of crime that are complex, anonymous, and cross-border, thus challenging the conventional construction of criminal law. The character of digital-based crime shows a fundamental shift from physical crime to system, data, and algorithm-based crime, which has not been fully accommodated in Indonesia's criminal law policy. This research aims to analyze the construction of criminal law policy in tackling digital-based crime in the era of artificial intelligence and formulate the idea of adaptive and fair criminal law policy reconstruction. The research method used is normative juridical with a statutory and conceptual approach, through an analysis of Law Number 1 of 2024 concerning the Second Amendment to the Law on Information and Electronic Transactions and Law Number 1 of 2023 concerning the Criminal Code. The results of the study show that criminal law policy is still reactive, fragmentary, and dominated by the classical paradigm, thus causing problems in the formulation of delicacies, criminal liability, and proof of crimes based on artificial intelligence. Criminal law policy reconstruction is needed through paradigm reform, harmonization of norms, strengthening the criminal accountability model, and integrating penal and non-penal policies to ensure legal certainty, community protection, and justice in the digital era.
Copyright (c) 2026 Suwarto Suwarto, Sutiarnoto Sutiarnoto, Marianne Magda (Author) https://creativecommons.org/licenses/by-sa/4.0
Building Rights Over Management Rights In The Batam Free Trade Area: Perspectives On Certainty And Legal Protection
Hak Guna Bangunan (HGB) above the right of Management (HPL) is a form of state land utilization that develops in the practice of managing national strategic areas, especially in the Free Trade Area and free port of Batam. However, this practice raises complex juridical issues, especially with regard to the vagueness of the legal status of HPL which is not explicitly regulated in the agrarian Basic Law, resulting in weak certainty and legal protection for HGB holders. This study aims to analyze the legal status of HGB above HPL in the land management system in Batam, assess the application of the principles of Indonesian land law in the regulation and management by the Batam Enterprise Board, and formulate reformulation of HGB settings above HPL in order to ensure the protection of the rights of related parties. The research method used is normative legal research with a statutory, conceptual, and systemic approach, which is analyzed qualitatively with prescriptive reasoning. The results showed that HGB regulation above HPL is still characterized by emptiness and disharmony of norms, dominance of administrative authority of area managers, and not optimal application of the principles of legal certainty, justice, and rights protection. This study concludes that the reformulation of HGB arrangements above HPL is needed through the affirmation of the position of HPL as a state Public Authority, strengthening the status of HGB as a right to legally protected land, as well as the arrangement of Area Management Authority to be in line with the principles of National Land Law and state law.
Copyright (c) 2026 Anjas Setiawan, Helmi Helmi, Rosmidah Rosmidah (Author) https://creativecommons.org/licenses/by-sa/4.0
Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law
This study aims to analyze the effectiveness of corporate criminal liability for major corruption crimes based on Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Using the normative juridical method, this study examines the change in the criminal law paradigm from an individualistic orientation to the recognition of corporations as independent criminal law subjects. The results of the study show that the new Criminal Code provides a comprehensive legal basis for the application of the principle of corporate criminal liability, through explicit provisions in Articles 45-51 that affirm the form of offense, the mechanism of proof, and the type of criminal sanctions against corporations. Additional crimes such as freezing business activities, dissolving corporations, and state supervision are considered more efficient in encouraging institutional reform than fines alone. However, the effectiveness of implementing this norm is still faced with institutional challenges, limited law enforcement capacity, and the need for uniform prosecution guidelines. Conceptually, the new Criminal Code marks the transformation of national criminal law towards a system that emphasizes a balance between substantive justice, legal certainty, and social benefit. Consistent, proportionate, and evidence-based law enforcement is the key to the realization of the rule of law against corporate entities in Indonesia.
Copyright (c) 2025 Frans Reumi https://creativecommons.org/licenses/by-sa/4.0
Analysis of Industrial Design Rights Protection in Supreme Court of Indonesia Number 1865 K/PDT.SUS-HKI/2022 Based on The Principle of Novelty and The Principle of Good Faith in Law Number 31 of 2000
This study examines the Analysis of Industrial Design Rights Protection in the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022 as mandated by Law No. 31 of 2000 concerning Industrial Designs. The main issue discussed is the application of the principles of novelty and good faith in the legal protection of industrial designs, as well as how the court applies these principles in its judgment. The purpose of this research is to analyze the urgency of applying the principles of novelty and good faith to maintain a balance between the exclusive rights of design owners and the public interest, and to assess the consistency of the Supreme Court in upholding justice and legal certainty within the field of intellectual property rights. The research employs a normative (doctrinal) legal method using statutory, conceptual, and case approaches based on the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022. The data consist of primary, secondary, and tertiary legal materials, including legislation, academic literature, and relevant jurisprudence. The results show that novelty is an essential requirement for obtaining legal protection over industrial designs, while good faith serves as both a moral and juridical filter to prevent the misuse of rights by unqualified parties. The Supreme Court emphasized that legal protection is granted only if the design is genuinely new, aesthetically valuable, and registered with honesty and legitimate intention. The study concludes that the principles of novelty and good faith hold fundamental importance in Indonesia’s industrial design legal system. Both serve as the core foundation in determining the validity of registration and protection of industrial designs. The study recommends strengthening technical regulations and enhancing substantive examination by the Directorate General of Intellectual Property (DGIP) to ensure that industrial design protection becomes more effective, fair, and responsive to the growth of the creative industry.
Copyright (c) 2025 Mardiana, Adji Annisa Rahmadina, Khairunnisa Noor Asufie https://creativecommons.org/licenses/by-sa/4.0
Implementation of Criminal Law Enforcement Against Environmental Pollution in Indonesia
Criminal law enforcement is an important instrument in protecting and managing the environment in a sustainable manner. This study aims to analyze the application of criminal law to environmental pollution based on Law Number 32 of 2009 and identify obstacles in its implementation. The focus of the study includes the effectiveness of criminal sanctions against polluters and factors that hinder the optimization of law enforcement. The method used is empirical juridical with a qualitative approach, through interviews, observations, and document studies at the Jambi City Environmental Office. Research shows that criminal law enforcement has not been running optimally. The administrative and restorative justice approach is more dominant, but it has not been effective in having a deterrent effect. The main obstacles include weak coordination between institutions, limited resources, and low awareness of business actors on environmental document obligations. In addition, the permissive legal culture and the infrequent application of criminal sanctions also weaken law enforcement. There is a need to strengthen synergy between agencies, increase the capacity of law enforcement officials, and balance between repressive and restorative approaches. More effective criminal law enforcement is expected to improve legal compliance and provide real protection for the environment.
Copyright (c) 2025 Hafrida Hafrida, Dessy Rakhmawaty, M. Ricky Putra Herlambang https://creativecommons.org/licenses/by-sa/4.0
Criminal Sanctions for Domestic Violence: Analysis of Effectiveness and Victim Protection
This study analyzes the effectiveness of criminal sanctions against perpetrators of domestic violence and the level of legal protection provided to victims based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). The approach used is a normative juridical method by examining relevant laws and regulations, doctrines, and judicial practices. The results of the study show that although the PKDRT Law has provided a strong legal basis in cracking down on perpetrators, its effectiveness is still weak due to structural constraints, patriarchal culture, and lack of victim perspective among law enforcement officials. Legal protection for victims is still formalistic and has not touched on the aspects of psychological and social recovery. Therefore, it is necessary to reconstruct the criminal law paradigm through a restorative justice approach that prioritizes the restoration of the dignity of victims, social reconciliation, and the prevention of repeated violence. Reformulation of norms and strengthening the capacity of law enforcement agencies is also an urgent need for the law to function as an instrument of substantive justice, not just a tool of punishment. This research emphasizes that justice in domestic violence cases must be realized through a balance between legal certainty, victim protection, and universal human values.
Copyright (c) 2025 Rahmat Setiawan, Arianti A. Ogotan, Endang Mustikowati https://creativecommons.org/licenses/by-sa/4.0
Jiwasraya Insurance Default Case: Civil Law Perspective in Consumer Protection
The Jiwasraya Insurance default case raises complex legal implications, especially in the perspective of civil law and consumer protection. The legal relationship between the insurance company and the policyholder, which should be based on the principles of pacta sunt servanda and good faith, turned into a dispute due to violation of contractual obligations and weak supervision. This research uses a normative juridical method with a legislative approach, especially Law Number 40 of 2014 concerning Insurance and Law Number 8 of 1999 concerning Consumer Protection. The results of the analysis show that the civil liability of insurance companies has not been effective due to the weak enforcement of the principles of prudence and transparency in business practices. Legal protection for consumers has also not been optimally implemented due to information inequality, low legal literacy, and lack of intervention by supervisory authorities. It is necessary to reconstruct the principles of civil law that are oriented towards substantive justice and corporate social responsibility so that consumer rights are comprehensively protected. Consistent law enforcement, dispute resolution system reform, and strengthening public legal literacy are key to realizing a transparent, accountable, and fair insurance industry.
Copyright (c) 2025 Anwar Anwar https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of Derivative Actions as a Means of Protecting The Interests of Minority Shareholders in Limited Liability Companies
This study examines Derivative Actions as a legal instrument to protect minority shareholders in Limited Liability Companies in Indonesia based on Law Number 40 of 2007. The main issue discussed is the effectiveness of Derivative Actions in ensuring fairness and balance of power between majority and minority shareholders. The purpose of this study is to analyze the legal framework of Derivative Actions in the Indonesian corporate legal system and evaluate its relevance to the application of Good Corporate Governance (GCG) principles. This study uses a normative (doctrinal) legal method with a juridical, conceptual, and case approach. Data was collected from primary, secondary, and tertiary legal materials and analyzed qualitatively through legal interpretation. The findings show that Derivative Actions provide a solid legal basis for minority shareholders to sue Directors or Commissioners who violate their fiduciary duties; however, their practical application is still limited due to procedural complexity and lack of legal awareness. This study concludes that Derivative Actions play a vital role in realizing corporate justice, improving management accountability, and strengthening transparency and responsibility in corporate governance in Indonesia.
Copyright (c) 2025 Mardiana Mardiana, Nun Fadillah Muslimah, Johan Tri Noval Hendrian Tombi https://creativecommons.org/licenses/by-sa/4.0
Legal Reform Post-Demonstration: An Analysis of the Impact of Protests on Public Policy
Demonstrations represent a crucial democratic mechanism for expressing public aspirations regarding state policies. The August 25, 2025 protests in Indonesia illustrate how socio-political pressure can drive legal reform and influence public policy, particularly concerning the transparency and accountability of legislative institutions. This study aims to analyze the impact of public demonstrations on the dynamics of legal reform and their effects on public policy. Based on this background, the research questions are: first, how do demonstrations affect legal reform in Indonesia; and second, to what extent do protests influence public policy changes, especially in terms of legislative transparency and accountability. The research employs a normative-juridical approach complemented by a socio-legal perspective, with a descriptive-analytical design. Primary data consists of legislation and regulations, secondary data from literature and media reports, and tertiary data from legal dictionaries and supporting documents. Data were collected through library research, media documentation, and document analysis, and were analyzed qualitatively. The findings indicate that the August 25, 2025 protests acted as a catalyst for legal reform and prompted shifts in public policy towards good governance principles, enhancing transparency, accountability, and public participation in the legislative process.
Copyright (c) 2025 Darmawan Sutawijaya https://creativecommons.org/licenses/by-sa/4.0
Digital Monopoly and Threats to Fair Competition : an Analysis of Antitrust Law in the Platform Ecosystem
The rapid expansion of the digital economy has given birth to a new market structure characterized by the dominance of data-based technology platforms, algorithms, and strong network effects, thus potentially giving rise to a form of digital monopoly that threatens healthy business competition. This study aims to analyze the phenomenon of digital monopoly through the perspective of Indonesian antitrust law, especially based on Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The research method used is normative juridical with a normative, conceptual, and analytical approach to practices and literature related to digital business competition law enforcement. The results of the discussion show that national anti-competition legal instruments face normative and technical challenges in reaching out to practices of abuse of dominant positions in the platform ecosystem, such as self-preferencing, digital bundling, and algorithmic-based market locking that are not explicitly covered in the classic indicators of market share and price. The lack of transparency of the system and the cross-border character of the global platform complicate ICC's supervisory capacity in enforcing the rules effectively. Therefore, this study emphasizes the urgency of reformulating an antitrust regulatory approach that is more adaptive to the reality of the digital economy, both through the redefinition of the concept of market power, strengthening enforcement jurisdiction, and the adoption of global principles that emphasize algorithmic transparency and fairness of access for all business actors.
Copyright (c) 2025 Herry M Polontoh https://creativecommons.org/licenses/by-sa/4.0