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 : Fitri Arianti Saputri, S.H. Managing Editor : Nurul Fadhilah Assistant Editor : Sefiani Dwi Azmi Publisher : PT. Anagata Sembagi Education Accreditation : On Process
ESG Governance and Transparency for Public Companies in Indonesia: Legal & Policy Implications
This study analyzes the application of Environmental, Social, and Governance (ESG) as a legal instrument in the governance of public companies in Indonesia, focusing on normative legitimacy, regulatory effectiveness, and policy implications. Using a normative juridical research method, this study examines the Financial Services Authority Regulation (POJK) No. 51/POJK.03/2017 as the legal basis for the implementation of sustainable finance and its relationship with the principles of good corporate governance (GCG). The results of the analysis show that ESG has evolved into a binding legal norm, confirming the obligation of public companies to carry out their social and environmental responsibilities in a transparent and accountable manner. Although the legal framework has been established, there are still challenges in the aspects of regulatory harmonization, the absence of substantive sanctions, and the weak independent oversight mechanism. ESG also expands the legal responsibilities of directors and commissioners, who are obliged to ensure the integrity of reporting and the application of the principles of prudence. This research confirms that the integration of ESG into the Indonesian corporate legal system is a strategic step towards a fair, sustainable, and legal ethics-based governance paradigm. Policy reform through the establishment of the National Sustainable Governance Framework is recommended to strengthen the legal certainty and effectiveness of the implementation of ESG as a pillar of the legal legitimacy of public corporations in Indonesia
Copyright (c) 2025 Try Yanuaria (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Analysis of The Application of Emergency Constitutional Law During The Covid-19 Pandemic
The emergency situation raises concerns about potential abuses of power or human rights violations during the implementation of emergency measures. It is important to consider that emergency measures must be proportionate, non-discriminatory, and always take into account and protect the rights of citizens and the time frame for their resolution. This research is a normative legal research (normative juridical by examining literature materials with a secondary database to review the Covid-19 problem from the perspective of emergency constitutional law using a statutory approach (statue approach) by examining laws related to the issues being studied[1], conceptual approach, and comparative approach. This research produced findings, namely that there has been no regulation related to the term and supervision in Law 6/2018 and there have been no regulations related to the supervision of legislative institutions outside the trial forum and the period that regulates the enactment of the Perppu. Then., some emergency laws in Indonesia have not referred to Article 12 of the 1945 Constitution of the Republic of Indonesia, thus causing inconsistencies in the scope of the Emergency HTN in Indonesia.
Undang-Undang No. 6 Tahun 2018 Tentang Tentang Kekarantinaan Kesehatan
Copyright (c) 2025 Fitri Atur Arum (Author) https://creativecommons.org/licenses/by-sa/4.0
Cybercrime And Transnational Criminal Law: Tackling Online Fraud and Identity Theft
The development of information and communication technology has presented new opportunities as well as challenges in the life of the global community. One of the negative impacts of digital transformation is the emergence of various forms of cybercrime, especially online fraud and identity theft. These two crimes have transnational characteristics so that they are difficult to deal with with national law alone. This study uses a normative juridical method with a qualitative approach to analyze national regulations and relevant international legal instruments in countering cybercrime. The results of the study show that Indonesia already has a legal basis through the ITE Law, the Criminal Code, and the Personal Data Protection Law, but still faces obstacles in terms of jurisdiction, capacity of law enforcement officials, and limitations of international agreements. At the global level, the Budapest Convention on Cybercrime and the United Nations Convention against Transnational Organized Crime (UNTOC) are important instruments, although their implementation is limited by the lack of universal state participation. Therefore, it is necessary to strengthen national regulations, increase international cooperation through extradition mechanisms and mutual legal assistance, and digital literacy of the public to prevent the widespread impact of online fraud and identity theft.
Copyright (c) 2025 Yusep Mulyana (Author) https://creativecommons.org/licenses/by-sa/4.0
Consumer Protection on Digital Trading Platforms: An Economic Law Perspective
The development of digital commerce has changed the pattern of modern economic interaction by presenting fast, efficient, and cross-border transactions, but behind these conveniences consumers face new vulnerabilities. Information asymmetry, misuse of personal data, and weak protection standards in electronic transactions pose significant potential losses. Law Number 8 of 1999 concerning Consumer Protection (UUPK) provides normative guarantees for consumer rights, while Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) presents legal legitimacy for electronic contracts as well as protection from fraud and misuse of data. However, the two regulations are still partially operational and have not been fully harmonious in responding to the complexity of digital trade. This study uses normative juridical methods with legislative and conceptual approaches to analyze the integration of the UUPK and the ITE Law in the context of economic law. The results of the study show that regulatory disharmonization creates legal uncertainty for consumers and business actors, so harmonization is needed that is able to ensure certainty, justice, and efficiency. Regulatory integration is expected to strengthen the digital consumer protection system, encourage public trust, and create a healthy, fair, and globally competitive digital trade ecosystem. Thus, digital consumer protection is not only a juridical dimension, but also an important strategy in national economic development
Copyright (c) 2024 Burhan Sidabariba (Author) https://creativecommons.org/licenses/by-sa/4.0
The Legal Power of Constitutional Court Decisions in the State System: Between Finality and Weak Implementation
This study examines the implementation of Constitutional Court (MK) decisions in Indonesia, which, despite being final and binding, often face obstacles. The purpose of this study is to analyze the factors contributing to the weak implementation of MK decisions and to provide recommendations for improving their effectiveness. The study used a qualitative approach with data collection techniques including documentation studies, in-depth interviews, and participant observation. The results indicate that political, institutional, and social factors influence the implementation of MK decisions. Political influence from the executive and legislative branches often hinders the implementation of MK decisions, while weaknesses in the oversight system and a lack of public understanding also contribute to worsening implementation. Therefore, this study recommends institutional reform, increased public awareness of MK decisions, and strengthening the MK's independence from political pressure to improve the effectiveness of MK decision implementation. This research is expected to contribute to strengthening Indonesia's constitutional system and ensuring that MK decisions can be better implemented.
Copyright (c) 2025 Bagus Anwar Hidayatulloh (Author) https://creativecommons.org/licenses/by-sa/4.0
Political Imaging, Power, and Legal Accountability: A Normative Analysis
Political imaging is an inseparable phenomenon from the dynamics of modern democracy in Indonesia. Through imaging, political actors seek to build public legitimacy in order to gain and maintain power. However, in practice, political imaging often exceeds the legal boundaries by adopting manipulative practices such as spreading hoaxes, vote buying, or misusing state facilities. This situation raises two fundamental questions: how the role of political imaging can be understood from the perspective of Indonesia’s positive law, and what forms of legal accountability should apply when such practices contradict legal norms and the ethics of governance. This study aims to analyze the role of political imaging within the framework of positive law and examine mechanisms of legal accountability for such violations. The method employed is normative legal research using statutory and conceptual approaches, supported by an analysis of current phenomena such as the rise of public demonstrations expressing dissatisfaction with the discrepancy between political imagery and policy reality. The findings indicate that political imaging is legally legitimate as long as it complies with electoral regulations and the principles of clean governance. However, when misused, accountability may take the form of administrative, criminal, ethical, or political sanctions. Public demonstrations are thus interpreted as a form of social correction and political accountability exercised by the people, highlighting the importance of enforcing the rule of law to ensure that political imaging truly serves as a healthy democratic communication tool.
Copyright (c) 2025 Darmawan Sutawijaya (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Regulation of Electric Vehicles in Indonesia: Challenges and Directions of National Policy
The global energy paradigm shift is driving the transformation of the transportation sector, where electric vehicles are seen as a strategic solution to reduce dependence on fossil fuels and reduce carbon emissions. Indonesia, through its commitment to net zero emissions 2060, has responded to this issue by issuing key regulations, namely Presidential Regulation 55 of 2019 and Presidential Regulation 79 of 2023. Presidential Decree 79/2023 expands the scope of policies, not only focusing on accelerating the adoption of electric vehicles, but also emphasizing industrialization, supply chain development, fiscal incentives, and infrastructure acceleration. However, this regulation is not yet fully in sync with Law 22 of 2009 concerning Road Traffic and Transportation, which is still oriented towards fossil fuel vehicles. This condition creates a regulatory gap in the aspects of type tests, safety standards, and battery waste management. Therefore, regulatory harmonization is absolutely necessary so that electric vehicles can operate legally, safely, and sustainably. This study uses a normative juridical method with a legislative, conceptual, and comparative approach, to examine the integration of Presidential Regulation 79/2023 with Law 22/2009. The analysis was carried out in a descriptive-analytical manner to find strengths, weaknesses, and needs for regulatory reform. The results of the research are expected to make a real contribution to the direction of national legal policies that are consistent, adaptive, and support the sustainable energy transition in Indonesia.
Copyright (c) 2025 Rudy Max Damara Gugat, Aditya Nugroho, Dimas Nu'man Fadhil (Author) https://creativecommons.org/licenses/by-sa/4.0
The Future Prospects of the Evolution of Islamic Law Thought from the Classical to the Contemporary Era
The growth of Islamic legal philosophy from the classical to the present era illustrates the rapid transformations in the social, political, and intellectual situations within the Muslim community. This study is based on the evolution of Islamic legal philosophy, transitioning from rigid interpretations of classical texts to more adaptable and contextual methodologies in the contemporary period. This research seeks to examine the future possibilities of Islamic legal thought by elucidating the elements that are catalyzing these transformations and its ramifications for the application of Islamic law in the modern context. The methodology utilized is qualitative, using literature analysis that includes both classical and contemporary materials, alongside the concepts of distinguished Islamic legal thinkers. The findings indicate that, notwithstanding difficulties in upholding the authority of traditional Islamic law, there exists considerable potential for the evolution of a more inclusive and adaptable Islamic legal framework to confront modern concerns. The study emphasizes the significance of discussion between classic and contemporary experts in influencing the future of Islamic legal philosophy.
Copyright (c) 2025 Muhammadong Muhammadong, Khaerunnisa khaerunnisa (Author) https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of Equitable Customary Land Management To Improve The Investment Climate in Jayapura Regency
Customary land management in Jayapura Regency has a strategic role in encouraging regional economic growth through improving the investment climate. However, management practices have often caused problems such as land conflicts, legal uncertainty, and low participation of indigenous peoples in decision-making. This condition hinders investors from investing their capital optimally. This research aims to formulate a model for reconstruction of customary land management that is fair, provides legal certainty, and facilitates synergy between indigenous peoples, local governments, and investors. The research method used is a qualitative approach with a descriptive-analytical design. Data was obtained through in-depth interviews with traditional leaders, local government officials, investors, and academics, as well as through the study of relevant laws and regulations. The analysis was carried out using the Miles & Huberman interactive model technique, including data reduction, data presentation, and conclusion drawn. The results of the study show that equitable management of customary land requires formal recognition of customary rights, the existence of a clear written agreement mechanism between customary rights owners and investors, and the existence of permanent mediation institutions to resolve disputes quickly. The implementation of this reconstruction model has been proven to increase legal certainty, reduce potential conflicts, and encourage increased investment interest in Jayapura Regency.
Copyright (c) 2025 Herry M polontoh, Dudi Mulyadi, Tri Yanuaria, Sobardo Hamonangan (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty for Investors in the Green Economy Ecosystem: An Analysis of Sustainable Investment Regulations in Indonesia
Increasing global awareness of the climate crisis has driven a paradigm shift in development towards a sustainability-oriented green economy. Indonesia, as a party to the Paris Agreement and an implementer of the Sustainable Development Goals, is obliged to integrate sustainability principles into its investment policies. Legal certainty is a key pillar to create a stable and predictable investment climate, especially in long-term sectors such as renewable energy, sustainable natural resource management, and environmentally friendly infrastructure. This research uses normative juridical methods with legislative, conceptual, and comparative approaches, examining Law No. 25 of 2007, Law No. 32 of 2009, as well as international best practices such as the EU Taxonomy and Singapore's Green Finance Action Plan. The results of the study show that even though Indonesia already has a Green Taxonomy, its implementation is still limited, hampered by regulatory disharmony, weak institutional capacity, and the risk of greenwashing. The recommendations included the establishment of a nationally binding green taxonomy, coordination of central-regional policies, competitive legal and fiscal incentives, and firm law enforcement. This effort is expected to strengthen the competitiveness of Indonesia's green investment at the global level while ensuring a balance between economic growth, environmental protection, and social welfare
Copyright (c) 2025 Marianne Magda, Tommy Aditia Sinulingga, Suwarto Suwarto (Author) https://creativecommons.org/licenses/by-sa/4.0
Omnibus Law Policy in Encouraging Investment: Between Deregulation and Potential Legal Loopholes
The omnibus law policy in Law Number 11 of 2020 concerning Job Creation was presented as a response to the complexity and fragmentation of national regulations that have long been the main obstacles to investment growth. Overlapping regulations between sectors, central-regional disharmony, and bureaucratic licensing procedures are considered no longer relevant to the demands of legal effectiveness and usefulness in the context of economic development. Using a normative juridical approach, this study examines the formal and material validity of omnibus law within the framework of the Indonesian legal system, and examines its implications for the principles of rule of law, social justice, and constitutional protection. The analysis was carried out through legislative, conceptual, and case approaches, especially the Constitutional Court Decision No. 91/PUU-XVIII/2020 which assesses procedural defects in the Job Creation legislation process. The results of the study show that although the omnibus law offers regulatory efficiency and ease of doing business, this approach leaves serious problems in the form of legal loopholes, multiple interpretations of norms, and potential violations of the principle of prudence in law formation. Therefore, the reformulation of deregulation policies based on the principles of the rule of law, public participation, and ecological justice is an urgent need to ensure that deregulation is not only pro-investor, but also in line with constitutional values and the sustainability of national development..
Copyright (c) 2025 Herry M Polontoh (Author) https://creativecommons.org/licenses/by-sa/4.0
Measuring The Law On The Formation Of Laws And Regulations As A Touchstone Constitutional Review
This study examines the constitutional supremacy in shaping statutory regulations, positioning it both as a guiding framework and a binding compliance standard for the public particularly state authorities and their institutions. It argues that the Law on the Formation of Laws and Regulations serves as a definitive and legitimate benchmark in constitutional review. Nonetheless, practical realities reveal instances where the principle of utility can override arguments concerning formal defects in legislation and Government Regulations in Lieu of Law (Perppu). Employing a normative legal research method that integrates statutory and conceptual approaches, this paper provides a descriptive analysis of the issue. The findings indicate that constitutional review functions as an embodiment of constitutional supremacy through the judicial examination of laws, with the Law on the Formation of Laws and Regulations serving as a key parameter in determining constitutionality a parameter whose application continues to evolve.
Copyright (c) 2025 Mochamad Djalil, Dewi Ratih Kumalasari (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Trading in the Digital Age: Weaknesses and Enforcement Efforts in Indonesia
The development of digital technology has driven significant transformation in the trade and investment sector in Indonesia, especially in online-based trading practices. The integration of high-speed internet, big data, and automated trading algorithms makes it easier to access global markets, improve transaction efficiency, and expand public participation. However, these advances also pose legal risks, such as market manipulation, insider trading, investment fraud, and personal data protection breaches. Normatively, the regulation has been accommodated through Law No. 8 of 1995 concerning the Capital Market, Law No. 11 of 2008 jo. Law No. 19 of 2016 concerning ITE, as well as OJK and Bappebti regulations. However, the regulation has not fully anticipated the complexity of the digital ecosystem which is real-time and cross-jurisdictional. Challenges include limited surveillance technology, weak intergovernmental coordination, and low legal and financial literacy of the community. This study uses normative juridical methods with legal and conceptual approaches to assess the suitability, weaknesses, and needs of legal reform. The results of the study emphasized the urgency of regulatory harmonization, strengthening RegTech and SupTech, establishing an integrated law enforcement model, and international cooperation. This effort is expected to be able to build a digital trading ecosystem that is safe, transparent, adaptive to innovation, and globally competitive.
Copyright (c) 2025 Dudi Mulyadi (Author) https://creativecommons.org/licenses/by-sa/4.0
The Influence of ESG (Environmental, Social, Governance) on Corporate Value in the Indonesian Capital Market
In a global era marked by the climate crisis, social pressures, and demands for corporate transparency, the principles of Environmental, Social, and Governance (ESG) have evolved into strategic instruments in the capital market legal system. ESG no longer just reflects ethical preferences, but has become an objective parameter that is juridically recognized by regulators and investors in assessing a company's performance holistically. This study aims to examine the position and normative implications of ESG in the context of Law Number 8 of 1995 concerning the Capital Market, as well as its implementing regulations. The method used is normative juridical, with a legislative, conceptual, and limited comparative approach. The results of the study show that although ESG has not been explicitly regulated in the Capital Market Law, the principles of information disclosure and investor protection provide a basis for legitimacy for the implementation of ESG, which is strengthened by regulations such as POJK No. 51/POJK.03/2017. ESG also reflects the embodiment of the principles of Good Corporate Governance, as well as acting as a non-financial risk mitigation mechanism. Within a dynamic legal framework, ESG serves as an evolutionary form of capital market principles, which combine administrative and substantial compliance. Therefore, strengthening ESG regulations is a normative urgency in building an integrity, competitive, and sustainable Indonesian capital market.
Copyright (c) 2025 Tommy Aditia Sinulingga, Barran Hamzah Nasution, Marianne Magda (Author) https://creativecommons.org/licenses/by-sa/4.0
Land and Digital Identity: The Potential and Threat of Electronic Certification to Indigenous Peoples
: Digital transformation in the national land administration system through electronic certification brings hope for increased efficiency, transparency, and legal certainty. However, this modernization also raises serious problems related to structural inequality, especially in relation to customary law communities. Electronic certification based on individual ownership and formal digital identity is not in line with the principles of communal land tenure in customary law. As a result, indigenous peoples who do not have access to digital infrastructure and formal population documents experience digital exclusion which has a direct impact on the marginalization of customary land rights. Customary lands that are not officially documented become vulnerable to claims by other parties, including the state and corporations. This study uses a normative juridical approach by examining the synchronization between the UUPA, the ITE Law, and regulations related to electronic certification, as well as analyzing the acceptance of customary law principles in the digital system. The importance of reformulation of land policies that ensure formal recognition of customary rights through a community-based collective certification mechanism is emphasized. In addition, strengthening inclusive digital identities and the application of Free, Prior and Informed Consent (FPIC) principles are prerequisites to ensure the constitutional protection of indigenous peoples. Without a contextual and social justice-based legal approach, land digitalization risks becoming an instrument of structural exclusion that systemically threatens customary rights.
Copyright (c) 2025 Salha Marasaoly (Author) https://creativecommons.org/licenses/by-sa/4.0
Digital Rights as a New Dimension of Human Rights: Regulatory Challenges in the Era of Artificial Intelligence
The rapid development of digital technology, especially through the integration of artificial intelligence (AI), has encouraged the birth of a new dimension of human rights, namely digital rights. These rights include the protection of digital identity, privacy, data security, and freedom of expression in cyberspace, which have not been fully accommodated by the national legal system. In practice, the non-transparent and discriminatory use of AI runs the risk of violating individual rights, especially in automated decision-making, mass digital surveillance, and the reproduction of content without attribution. Indonesia still faces normative and institutional vacancies, especially in the ITE Law, the Copyright Law (UUHC), and the Personal Data Protection Law (PDP Law), which have not integrated human rights principles substantively. This study uses a normative juridical method with a conceptual and legislative approach to examine the effectiveness of digital rights protection in the midst of AI development. It was found that the Indonesian legal system requires legal reform based on the principles of fairness, algorithmic accountability, and substantive justice. It is also necessary to establish an independent supervisory authority and harmonize national regulations with international standards. In conclusion, the recognition of digital rights as an integral part of human rights is an essential condition for the sustainability of a democratic state of law in an increasingly complex and autonomous digital era..
Copyright (c) 2025 Melkias Hetharia (Author) https://creativecommons.org/licenses/by-sa/4.0
Corporate Criminal Responsibility in Land Grabbing Crime
Land grabbing by corporate entities is a form of structural crime that has a wide impact on land rights, the environment, and social justice in Indonesia. This practice is carried out through various manipulative mechanisms such as falsification of documents, power co-optation, and legal-formal but socially illegitimate land tenure. Unfortunately, the national criminal law framework has not been fully able to reach the complexity of these corporate crimes. This study aims to analyze corporate criminal liability in agrarian crimes with a normative juridical approach through a study of the Criminal Code, UUPA, and PPLH Law. The theory of corporate criminal liability and the concept of piercing the corporate veil are used to connect structural errors in the corporate body with criminal offenses that occur. The results of the study show that there are normative gaps and weaknesses in law enforcement, especially in making corporations the subject of crime effectively. Therefore, it is necessary to integrate criminal, agrarian, and environmental law, as well as the establishment of special criminal norms that are lex specialis in agrarian law. The novelty of this research lies in the offer of reconstruction of corporate criminal law enforcement based on substantive justice. This reform is expected to be able to encourage agrarian sovereignty and the protection of people's constitutional rights
Copyright (c) 2025 Frans Reumi, Agus Iskandar PP, Mawarni Fatma (Author) https://creativecommons.org/licenses/by-sa/4.0
Business Competition in the Expansion of Digital Corporations: A Legal Study of Anti-Competitive in the Technology Industry
The development of digital technology has revolutionized the global and national market structure to become more concentrated, with the dominance of giant tech corporations such as Google, Amazon, Meta, and Apple. Aggressive expansion carried out through killer acquisitions, predatory pricing, and strategic data mastery poses a serious challenge to the principle of healthy business competition as regulated in Law Number 5 of 1999. The legal norms in the law have not adequately addressed the complexity of anti-competitive practices in a dynamic, non-linear, algorithm-based digital ecosystem and big data. This study uses a normative juridical method with a comparative legal approach to examine the effectiveness of Law No. 5/1999 in overcoming digital dominance practices and evaluate existing regulatory gaps. The results of the analysis show the need for a legal reformulation that integrates an effect-based approach and the principles of digital market justice in response to the new market structure colored by network effects and inequality of data access. Recommendations include institutional strengthening of ICC, establishment of an ex-ante supervision mechanism, and harmonization of regulations with cross-sectoral authorities. This study offers a progressive model of digital competition law that is adaptive to technological dynamics and contextual to national legal needs, in order to create a fair, inclusive, and sustainable digital business competition ecosystem in Indonesia.
Copyright (c) 2025 Riduwansah Riduwansah (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Implications of Inherited Land Certificate Split: A Review of Agrarian Law and Inheritance Law Perspectives
The breakdown of inherited land certificates in Indonesia faces serious challenges due to the insynchronization between the monistic agrarian legal system and the pluralistic inheritance law (civil, Islamic, and customary). This dualism creates normative and administrative barriers, especially when the process of renaming a certificate requires formal legal documents, while many societies still use a deliberation or customary-based non-formal inheritance system. This study aims to analyze the legal inconsistencies and the need for regulatory harmonization between agrarian law and inheritance law in the context of inherited land redistribution. Using normative juridical methods and legislative, conceptual, and case-case approaches, this study found that the absence of legal instruments recognizing the validity of non-notarial inheritance documents has triggered many inheritance land disputes. Weak legal accessibility and maladministrative practices further worsen the protection of civil rights of the community. Therefore, there is a need for a policy reformulation based on legal pluralism and responsive law that is able to accommodate social realities and ensure substantive justice. Strengthening the role of notaries, PPAT, and recognition of customary inheritances are strategic steps in building an inclusive, fair, and democratic land system. These findings are expected to be an important contribution to the national agrarian reform agenda based on justice and legal certainty.
Copyright (c) 2025 Aisyah Aisyah (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Waqf Land Certification in Ensuring Legal Certainty of Land Rights
The prevalence of uncertified waqf land in Indonesia shows the weak legal protection of religious assets in the national land system. The absence of a certificate makes waqf land vulnerable to disputes, unauthorized transfer of rights, and difficulty in proving legal status in court. This study aims to examine the normative aspects of waqf land certification and its urgency in ensuring legal certainty. The method used is a legislative and conceptual approach, by analyzing regulations such as Law No. 41 of 2004 concerning Waqf, Law No. 5 of 1960 concerning Agrarian Principles, and Government Regulation No. 24 of 1997 concerning Land Registration. The results of the study show that although the legal norms of waqf are available, their implementation has not been effective due to the disharmony between the waqf law and the national land system. Waqf land certification should not only be seen as an administrative obligation, but also as a juridical instrument for the protection of waqf assets. Regulatory harmonization and institutional coordination between the Ministry of Religion and BPN are needed, including the integration of digital systems such as SIWAK and PTSL. Thus, waqf land certification is a strategic step in realizing a national legal system that is fair, integrated, and responsive to religious and social values.
The Phenomenon of Startup Investment and Minority Investor Protection: A Legal Analysis of Asymmetric Risk
The rapid growth of the startup industry in Indonesia has raised new legal issues related to the protection of minority investors in a dynamic and institutionally unestablished ownership structure. This study analyzes how the risk of information asymmetry in the relationship between founders and investors creates inequality in legal relations that weakens the position of minority investors. Through a normative juridical approach, this study examines the effectiveness of the provisions in Law Number 40 of 2007 concerning Limited Liability Companies, especially Articles 61, 62, and 114, in providing substantive legal protection. The results of the study show that the existing legal mechanism is not fully adaptive to the complexity of the startup investment model, especially due to the weak application of fiduciary duty principles and the lack of application of good corporate governance principles. On the other hand, the practice of investment agreements often affirms the dominance of the majority shareholders through exploitative clauses. Therefore, a legal reformulation is needed that is able to bridge this normative vacuum, through the strengthening of hybrid legal instruments and responsive sectoral regulations. This research recommends legal policy reforms that emphasize the balance of interests, transparency, and substantive justice to create an inclusive, sustainable, and economically democratic startup ecosystem.
Copyright (c) 2025 Herry m polontoh, Loso Judijanto (Author) https://creativecommons.org/licenses/by-sa/4.0
Development of Indicators of Abuse of Statements (Misbruik Van Omstandigheden) in Indonesia
This article explores the development of the doctrine of abuse of circumstances (misbruik van omstandigheden) within Indonesian contract law, primarily shaped through judicial decisions rather than explicit statutory regulation. The doctrine serves as a critical mechanism to assess the validity of agreements and prevent injustices arising from one party exploiting unfavorable situations during contractual formation. The study delves into various scholarly perspectives surrounding abuse of circumstances as grounds for contract cancellation, emphasizing three key aspects: the positional relationship of the parties at the time of contract formation, the fairness and formulation of the agreement, and the moral implications involved. Despite its recognized importance, the absence of clear legal provisions creates challenges in consistently identifying and adjudicating such abuses. The article argues for necessary reforms within the Indonesian Civil Code to codify specific indicators and criteria that can reliably distinguish cases of abuse, thereby enhancing legal certainty and fairness. Ultimately, the research underscores the urgent need for strict and clear regulatory frameworks to minimize divergent interpretations that could undermine justice and contractual security in Indonesia's evolving civil law landscape.
Copyright (c) 2025 Afif Khalid (Author) https://creativecommons.org/licenses/by-sa/4.0
Restorative Justice in the Digital Era: Criminal Law Mediation Through Online Platforms
The paradigm transformation of criminal law enforcement from a retributive to a restorative approach reflects a response to the weaknesses of the conventional justice system that is rigid, slow, and lacks space for victim recovery. Restorative justice (RJ), as a dialogue-based and reconciliation-based approach, has been accommodated in Indonesian law through the SPPA Law and several other administrative regulations. However, the adoption of this approach in general criminal cases and its implementation online still faces serious legal challenges. This study uses a normative juridical method to examine the urgency of regulating digital-based criminal mediation (restorative justice digital/RJD) within the framework of the national criminal law system. The study focused on the limitations of the applicable positive law, the validity of the results of online mediation, the protection of personal data, and the potential for inequality of access for vulnerable groups. The findings show that without comprehensive and integrative regulation with the principle of due process of law, the implementation of the RJD risks violating constitutional rights and undermining the legitimacy of restorative justice itself. Therefore, it is necessary to synchronize criminal law norms, procedural law, the ITE Law, and the PDP Law to form an adaptive, inclusive, and accountable legal framework. The RJD can be a strategic innovation in criminal law reform, as long as it is carried out with legal certainty and strong human rights protection
Copyright (c) 2025 Henny Saida Flora, Henry Aspan (Author) https://creativecommons.org/licenses/by-sa/4.0
Law as a Tool for Decolonizing Knowledge: A Critical Study of the Legal Education Curriculum in Indonesia
The legal education system in Indonesia is still trapped in a colonial epistemological structure that inherits the legalistic and positivistic mindset of the Dutch legal system. The dominant curriculum model places law as a tool of state power and ignores the diversity of local legal systems, such as customary law, Islamic law, and community practices. This epistemic inequality results in a distance between the legal theory taught and the legal reality experienced by society. Through a normative juridical approach, this study analyzes Law Number 20 of 2003 concerning the National Education System (UU Sisdiknas) as a legal basis for efforts to decolonize the legal curriculum. Article 3 and Article 38 paragraph (2) of the National Education System Law provide normative legitimacy for the integration of local values, legal plurality, and interdisciplinary approaches in legal education. The decolonization of legal knowledge should encourage a change in the curriculum from technocratic to emancipatory one, by emphasizing social justice, community participation, and the critical awareness of law students. Legal education needs to present law as an instrument of social transformation, not just a procedural norm. By adopting progressive legal thinking and Southern epistemology, Indonesian legal education can contribute to a more democratic, inclusive, and equitable legal system. Curriculum reform is a strategic agenda to dismantle colonial hegemony and build legal awareness that is contextual and on the side of the people.
Copyright (c) 2025 Md Shodiq (Author) https://creativecommons.org/licenses/by-sa/4.0
The Implementation of Restorative Justice for Misdemeanor Crimes after Perpol No. 8 of 2021
This study analyzes the application of restorative justice to minor crimes in the Indonesian criminal justice system, especially after the issuance of Police Regulation No. 8 of 2021. The shift from a retributive approach to a restorative approach is a response to the failure of the conventional criminal system in achieving substantive justice and overcrowding in correctional institutions. The research method used is normative juridical with a statutory and conceptual approach. The results of the study show that restorative justice has strong theoretical legitimacy through the concept of reintegrative shaming and normative support from Law No. 11 of 2012 and Perpol No. 8 of 2021. However, its implementation faces juridical and institutional challenges, especially related to the hierarchy of norms, accountability, and the understanding of law enforcement officials and the public towards the concept of restorative justice. It also found potential irregularities if there is no strict supervision of the peace mechanism outside the formal process. Therefore, there is a need for harmonization of regulations, integrated training for officials, and the participation of civil society in the supervision of implementation. This study recommends the reform of the Criminal Code and the establishment of inter-institutional regulations to ensure that restorative justice becomes a valid, effective, and just approach in national criminal law enforcement.
Copyright (c) 2025 Ichsan Sjuhudi, Abd Razak Musahib (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection Of Trademarks In The Business Competition Of The Fashion Industry In Indonesia
Legal protection of trademarks in the fashion industry has a crucial role in maintaining the identity and competitiveness of products in the midst of increasingly fierce business competition. This study aims to analyze the effectiveness of existing regulations in protecting trademark rights and identify challenges in their implementation in the digital era. The research method used is a normative juridical approach by analyzing laws and regulations, court decisions, and policies related to trademark protection. The results of the study show that although Law Number 20 of 2016 concerning Trademarks and Geographical Indications has provided a comprehensive legal framework, its implementation still faces obstacles, especially in terms of supervision of trademark infringement, lack of legal awareness among business actors, and suboptimal brand protection in digital trade. Strengthening legal protection requires a revision of regulations that are more adaptive to technological developments and strengthening dispute resolution mechanisms, including the implementation of online mediation platforms to reduce the burden of litigation. In addition, optimizing the role of the Directorate General of Intellectual Property (DJKI) through digitization of brand registration and technology-based supervision such as blockchain is a strategic step in increasing the effectiveness of legal protection. Legal education for business actors and the public must also be improved to build awareness of the importance of brand protection as a business asset with economic value. A more holistic and collaborative approach between governments, industry associations, and non-governmental organizations, the legal protection system for trademarks can be more effective, innovative, and in accordance with the dynamics of the fashion industry in the era of globalization.
Copyright (c) 2025 Bagus Putra Wicaksono, Sri Astutik, Vieta I Cornelis (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis Of Franchise Agreements In The Culinary Sector Based On The Regulation Of The Minister Of Trade In Indonesia
This study analyzes the legal aspects of franchise agreements in the culinary sector based on the Regulation of the Minister of Trade No. 71 of 2019. Franchising as a rapidly growing business model in Indonesia presents legal challenges related to contract transparency, legal certainty, and the balance of rights and obligations between franchisors and franchisees. This study uses a normative legal approach by analyzing laws and regulations, legal doctrines, and franchise business practices in Indonesia. The results of the study show that although the regulation has provided a clear legal framework, its implementation still faces obstacles, especially in the aspect of supervision and understanding of business actors regarding their rights and obligations. The franchisor has protection over intellectual property rights and operational control, while the franchisee is guaranteed through the franchisor's obligation to provide technical support and training. However, weak supervision and lack of legal education for franchisees still cause unfair practices in franchise agreements. Dispute resolution through arbitration is preferable to litigation because it is faster and more flexible, but cost constraints and procedural understanding are still major obstacles. Therefore, it is necessary to strengthen regulations, increase supervision, and legal education for business actors so that franchise agreements can run more transparently, fairly, and provide legal certainty for all parties involved..
Copyright (c) 2025 Rakhmad Wiwit Dianto, Nur Handayati, M. Syahrul Borman (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis Of Corporate Social Responsibility In Mining Companies
This study analyzes the implementation of the law on Corporate Social Responsibility (CSR) obligations in mining companies in Indonesia. Although CSR has become a legal obligation regulated in Law No. 40 of 2007 concerning Limited Liability Companies and Government Regulation No. 47 of 2012, its implementation still faces various obstacles, including weak supervision and ineffective legal sanctions. The research method used is normative legal research with a legislative and conceptual approach to evaluate the effectiveness of regulations in ensuring companies' compliance with their social responsibilities. The results of the study show that the implementation of CSR in the mining sector tends to be an administrative formality without providing real benefits to the surrounding community. In addition, the incompatibility between national regulations and international standards such as ISO 26000 creates legal loopholes that allow companies to circumvent their CSR obligations. The government needs to strengthen the supervision mechanism, set clearer indicators of CSR success, and implement stricter sanctions for companies that violate legal provisions. Community participation is also an important factor in supervising and evaluating CSR programs in order to provide a more sustainable social and environmental impact..
Copyright (c) 2025 Su’udi Su’udi, M. Syahrul Borman, Nur Handayati (Author) https://creativecommons.org/licenses/by-sa/4.0
Corporate Compliance with ESG (Environmental, Social, and Governance): Perspectives on Business Law and Good Corporate Governance (GCG)
This study examines the urgency of integrating Environmental, Social, and Governance (ESG) principles into Indonesia's business law framework in response to global demands for sustainable corporate practices. Through a normative juridical approach, this study analyzes the disharmony of national regulations, especially between Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 32 of 2009 concerning Environmental Protection and Management, and sectoral regulations from the OJK such as POJK No. 51/POJK.03/2017. The results of the study show that although ESG principles are beginning to be accommodated in some legal instruments, they are still administrative, sectoral, and do not have a strong binding force judicially. This has an impact on weak corporate accountability in carrying out environmental and social responsibility as part of Good Corporate Governance (GCG). This research emphasizes the importance of ESG codification as a positive legal norm that can be enforced through the supervision and accountability mechanism of the board of directors. Comparative studies with practices in the European Union and OECD show that the successful implementation of ESG is highly dependent on the existence of prescriptive norms and integrated monitoring systems. Therefore, the reformulation of Indonesian corporate law is crucial to realize inclusive, sustainable, and accountable business governance
Copyright (c) 2025 Herry m polontoh, Taqyuddin Kadir (Author) https://creativecommons.org/licenses/by-sa/4.0
The Challenge of National Regulation Reform in Facing Legal Technology Disruption
The development of digital technology has brought significant disruption in the national legal system, giving rise to normative and institutional challenges that have not been fully anticipated by existing regulations. Innovations such as artificial intelligence (AI), blockchain-based smart contracts, and electronic court systems (e-courts) have structurally changed the way the law works, but at the same time have raised new issues related to legality, accountability, and procedural justice. Law Number 19 of 2016 as an amendment to the ITE Law and Law No. 27 of 2022 concerning Personal Data Protection has not been responsive enough in dealing with the ever-growing complexity of digital law. In addition to legal vacancies, multiple interpretations of norms, and regulatory fragmentation, the Indonesian legal system also faces limitations in harmonization with international legal standards such as GDPR, as well as low institutional capacity in implementation. Through a normative juridical approach with the analysis of primary and secondary legal materials, this study highlights the importance of legal reform based on regulatory foresight, legal harmonization, and institutional transformation. Digital legal reform in Indonesia must be anticipatory, adaptive, and interdisciplinary, in order to be able to ensure legal certainty, human rights protection, and the rule of law in the midst of increasingly intensive and disruptive digital globalization
Copyright (c) 2025 Hendri Khuan (Author) https://creativecommons.org/licenses/by-sa/4.0