Ipso Jure
type: channel
description: 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
publisher: PT. Anagata Sembagi Education
language: en
publication name: Ipso Jure
issn: 3032-7644
items: Legal Analysis of Money Laundering Crimes from the Perspective of Transnational Organized Crime
items: The Integrity Crisis of State Apparatus: A Criminal Law Study of Systemic Corruption Practices
items: Reconstruction of Notary examination mechanism as a witness in the investigation phase after the Constitutional Court decision Number 49 / PUU-X/2012
items: Legal Responsibility in Smart Contracts in Blockchain Transactions
items: Harmonization of Mineral and Coal Mining Licensing Regulations in the National Legal System
items: Increasing Awareness of the Younger Generation on Political Participation in General Elections
items: Reconstruction of Criminal Law Policy in Tackling Digital-Based Crime in the Era of Artificial Intelligence
items: Building Rights Over Management Rights In The Batam Free Trade Area: Perspectives On Certainty And Legal Protection
items: Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law
items: 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
items: Implementation of Criminal Law Enforcement Against Environmental Pollution in Indonesia
items: Jiwasraya Insurance Default Case: Civil Law Perspective in Consumer Protection
items: Criminal Sanctions for Domestic Violence: Analysis of Effectiveness and Victim Protection
items: The Effectiveness of Derivative Actions as a Means of Protecting The Interests of Minority Shareholders in Limited Liability Companies
items: Digital Monopoly and Threats to Fair Competition : an Analysis of Antitrust Law in the Platform Ecosystem
items: Legal Reform Post-Demonstration: An Analysis of the Impact of Protests on Public Policy
items: Legal Protection for Government Employees with Work Agreements (PPPK) from a Human Rights Persfective in Indonesia
items: Disagreement Between Heavy Equipment Tax Regulations and The Mandate of The Constitutional Court Decision on Road and Environmental Damage Variables
items: Legal Liability for Algorithmic Malpractice in Digital Medical Diagnosis
items: Political Disinformation And Election Law Regulations In The Social Media Era
items: Criminal Law Reform Policy in Indonesia: Balancing Justice, Morality, and Human Rights
items: The Political Direction Of The Law On The Establishment Of The Capital City Of Nusantara: Analysis Of Interests, Public Participation, And Regulatory Legitimacy
items: The Urgency of Implementing Restorative Justice in Handling Juvenile Crime: A Study of The Principles of Humanity And Justice
items: Implementation of Regulatory Supervision Regional Head (DPRD) in Dumai City
items: The Role of Law in Protecting Vulnerable Groups: A Study of Access to Justice for Marginalized Communities
items: The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste

Legal Analysis of Money Laundering Crimes from the Perspective of Transnational Organized Crime
type: item
description: 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.
subject: Articles
  topic: section
subject: Money Laundering
  topic: keywords
subject: Transnational Crime
  topic: keywords
subject: Normative Ambiguity
  topic: keywords
subject: Proof
  topic: keywords
subject: Legal Certainly
  topic: keywords
creator: Fitri Arianti Saputri
rights: Copyright (c) 2026 Fitri Arianti Saputri (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-30
publication date: 2026-03-30
starting page: 28
ending page: 41
doi: 10.62872/xzaec714

The Integrity Crisis of State Apparatus: A Criminal Law Study of Systemic Corruption Practices
type: item
description: 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.
subject: Articles
  topic: section
subject: Systemic Corruption
  topic: keywords
subject: Normative Blur
  topic: keywords
subject: Abuse of Authority
  topic: keywords
subject: Crimial Law
  topic: keywords
subject: State Apparatus Integrity
  topic: keywords
creator: Angga Aldilla Gussman
rights: Copyright (c) 2026 Angga Aldilla Gussman (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-30
publication date: 2026-03-30
starting page: 14
ending page: 27
doi: 10.62872/q7g05591

Reconstruction of Notary examination mechanism as a witness in the investigation phase after the Constitutional Court decision Number 49 / PUU-X/2012
type: item
description: 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.
subject: Articles
  topic: section
subject: Notary
  topic: keywords
subject: Investigation
  topic: keywords
subject: Secret Office
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Constitutional Court Decision
  topic: keywords
creator: Bustani Bustani
creator: Gaussyah Gaussyah
creator: Dahlan Dahlan
rights: Copyright (c) 2026 Bustani Bustani (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-03
publication date: 2026-03-03
starting page: 1
ending page: 13
doi: 10.62872/x8k1ef88

Legal Responsibility in Smart Contracts in Blockchain Transactions
type: item
description: 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.
subject: Articles
  topic: section
subject: Smart Contracts
  topic: keywords
subject: Blockchain
  topic: keywords
subject: Legal Responsibility
  topic: keywords
subject: Contract Law
  topic: keywords
creator: Neri Aslina
creator: Anis Noviya
rights: Copyright (c) 2026 Neri Aslina, Anis Noviya (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-27
publication date: 2026-02-27
starting page: 57
ending page: 73
doi: 10.62872/d8kn5x96

Harmonization of Mineral and Coal Mining Licensing Regulations in the National Legal System
type: item
description: 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.
subject: Articles
  topic: section
subject: Licensing
  topic: keywords
subject: Mining
  topic: keywords
subject: Minerals and Coal
  topic: keywords
subject: Regulatory Harmonization
  topic: keywords
creator: Hezron Sabar Rotua Tinambunan
rights: Copyright (c) 2026 Hezron Sabar Rotua Tinambunan (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 36
ending page: 56
doi: 10.62872/4j7afw39

Increasing Awareness of the Younger Generation on Political Participation in General Elections
type: item
description: 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.
subject: Articles
  topic: section
subject: Political Awareness
  topic: keywords
subject: Young Generation
  topic: keywords
subject: Political Participation
  topic: keywords
subject: General Election
  topic: keywords
creator: Marudut Hasugian
creator: Firman
creator: Muhamad Sofian
rights: Copyright (c) 2025 Marudut Hasugian, Firman, Muhamad Sofian (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-12-30
publication date: 2026-12-30
starting page: 104
ending page: 114
doi: 10.62872/sza4qm30

Reconstruction of Criminal Law Policy in Tackling Digital-Based Crime in the Era of Artificial Intelligence
type: item
description: 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.
subject: Articles
  topic: section
subject: criminal law policy
  topic: keywords
subject: digital crime
  topic: keywords
subject: artificial intelligence
  topic: keywords
creator: Suwarto Suwarto
creator: Sutiarnoto Sutiarnoto
creator: Marianne Magda
rights: Copyright (c) 2026 Suwarto Suwarto, Sutiarnoto Sutiarnoto, Marianne Magda (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-01-15
publication date: 2025-01-15
starting page: 85
ending page: 94
doi: 10.62872/bjc35s29

Building Rights Over Management Rights In The Batam Free Trade Area: Perspectives On Certainty And Legal Protection
type: item
description: 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.
subject: Articles
  topic: section
subject: Building Rights
  topic: keywords
subject: Management Rights
  topic: keywords
subject: Legal Certainly
  topic: keywords
creator: Anjas Setiawan
creator: Helmi Helmi
creator: Rosmidah Rosmidah
rights: Copyright (c) 2026 Anjas Setiawan, Helmi Helmi, Rosmidah Rosmidah (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 11
ending page: 26
doi: 10.62872/8gpgyf88

Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Corporate Liability
  topic: keywords
subject: New Criminal Code
  topic: keywords
subject: Efficacy of Sanctions
  topic: keywords
creator: Frans Reumi
creator: Harly Clifford Jonas Salmon
rights: Copyright (c) 2025 Frans Reumi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-22
publication date: 2025-10-22
starting page: 47
ending page: 59
doi: 10.62872/ij.v2i9.35

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
type: item
description: 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…
subject: Articles
  topic: section
subject: Novelty
  topic: keywords
subject: Good Faith
  topic: keywords
subject: Industrial Design
  topic: keywords
creator: Mardiana
creator: Adji Annisa Rahmadina
creator: Khairunnisa Noor Asufie
rights: Copyright (c) 2025 Mardiana, Adji Annisa Rahmadina, Khairunnisa Noor Asufie https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-20
publication date: 2025-10-20
starting page: 72
ending page: 88
doi: 10.62872/ij.v2i9.36

Implementation of Criminal Law Enforcement Against Environmental Pollution in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Law
  topic: keywords
subject: Milieu
  topic: keywords
subject: Pollution
  topic: keywords
subject: Enforcement
  topic: keywords
creator: Hafrida Hafrida
creator: Dessy Rakhmawaty
creator: M. Ricky Putra Herlambang
rights: Copyright (c) 2025 Hafrida Hafrida, Dessy Rakhmawaty, M. Ricky Putra Herlambang https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-24
publication date: 2025-10-24
starting page: 89
ending page: 96
doi: 10.62872/ij.v2i9.41

Jiwasraya Insurance Default Case: Civil Law Perspective in Consumer Protection
type: item
description: 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.
subject: Articles
  topic: section
subject: Consumer Protection
  topic: keywords
subject: Civil Law
  topic: keywords
subject: Insurance
  topic: keywords
creator: Anwar Anwar
rights: Copyright (c) 2025 Anwar Anwar https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-22
publication date: 2025-10-22
starting page: 11
ending page: 23
doi: 10.62872/ij.v2i9.37

Criminal Sanctions for Domestic Violence: Analysis of Effectiveness and Victim Protection
type: item
description: 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.
subject: Articles
  topic: section
subject: Effectiveness of Sanctions
  topic: keywords
subject: Domestic Violence
  topic: keywords
subject: Victim Protection
  topic: keywords
creator: Rahmat Setiawan
creator: Arianti A. Ogotan
creator: Endang Mustikowati
rights: Copyright (c) 2025 Rahmat Setiawan, Arianti A. Ogotan, Endang Mustikowati https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 60
ending page: 71
doi: 10.62872/ij.v2i9.40

The Effectiveness of Derivative Actions as a Means of Protecting The Interests of Minority Shareholders in Limited Liability Companies
type: item
description: 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.
subject: Articles
  topic: section
subject: Derivative Action
  topic: keywords
subject: Minority Shareholders
  topic: keywords
subject: Corporate Governance
  topic: keywords
creator: Mardiana Mardiana
creator: Nun Fadillah Muslimah
creator: Johan Tri Noval Hendrian Tombi
rights: Copyright (c) 2025 Mardiana Mardiana, Nun Fadillah Muslimah, Johan Tri Noval Hendrian Tombi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-25
publication date: 2025-11-25
starting page: 24
ending page: 40
doi: 10.62872/ij.v2i10.49

Digital Monopoly and Threats to Fair Competition : an Analysis of Antitrust Law in the Platform Ecosystem
type: item
description: 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.
subject: Articles
  topic: section
subject: Antitrust
  topic: keywords
subject: Business Competition
  topic: keywords
subject: Digital Monopoly
  topic: keywords
creator: Herry M Polontoh
rights: Copyright (c) 2025 Herry M Polontoh https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-28
publication date: 2025-10-28
starting page: 97
ending page: 108
doi: 10.62872/ij.v2i9.43

Legal Reform Post-Demonstration: An Analysis of the Impact of Protests on Public Policy
type: item
description: 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.
subject: Articles
  topic: section
subject: Good Governance
  topic: keywords
subject: Legal Reform
  topic: keywords
subject: Legislative Tranparency
  topic: keywords
subject: Public Policy
  topic: keywords
creator: Darmawan Sutawijaya
rights: Copyright (c) 2025 Darmawan Sutawijaya https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-26
publication date: 2025-09-26
starting page: 93
ending page: 100
doi: 10.62872/ij.v2i8.42

Legal Protection for Government Employees with Work Agreements (PPPK) from a Human Rights Persfective in Indonesia
type: item
description: ASN Law changes the categorization of the State Apparatus into Civil Servants (PNS) and Government Employees with Work Agreements (PPPK). If we associate with the form of appointment of PPPK is a work agreement for a certain period of time, then the PPPK position is implicitly a government employee who has legal force in the employment agreement. The employment agreement for PPPK is a binding legal relationship between Non-PNS government employees and the government agencies that employ it. The entry of Government Employees with Work Agreements (PPPK) as part of ASN is expected to be an accelerator in efforts to realize ASN professionalism. Some treatments to PPPK in ASN Law are not in accordance with human rights, namely principles of equality, non-discrimination, interrelation, interdependence and state responsibility. The regulation on PPPK shows the country's setback in formulating indicators for fulfillment of the right to work
subject: Articles
  topic: section
subject: The Legal Position
  topic: keywords
subject: Legal Reform of Human Rights
  topic: keywords
subject: PPPK
  topic: keywords
creator: Ulya Ulya
creator: Sukamto Satoto
creator: Helmi Helmi
rights: Copyright (c) 2025 Ulya Ulya, Sukamto Satoto, Helmi Helmi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-01
publication date: 2025-11-01
starting page: 1
ending page: 14
doi: 10.62872/ij.v2i10.48

The Effectiveness of Derivative Actions as a Means of Protecting The Interests of Minority Shareholders in Limited Liability Companies
type: item
description: 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.
subject: Articles
  topic: section
subject: Derivative Action
  topic: keywords
subject: Minority Shareholders
  topic: keywords
subject: Corporate Governance
  topic: keywords
creator: Mardiana Mardiana
creator: Nun Fadillah Muslimah
creator: Johan Tri Noval Hendrian Tombi
rights: Copyright (c) 2025 Mardiana Mardiana, Nun Fadillah Muslimah, Johan Tri Noval Hendrian Tombi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-25
publication date: 2025-11-25
starting page: 24
ending page: 40
doi: 10.62872/ij.v2i10.49

Disagreement Between Heavy Equipment Tax Regulations and The Mandate of The Constitutional Court Decision on Road and Environmental Damage Variables
type: item
description: This study examines in depth the disharmony between the Heavy Equipment Tax provisions in Law No. 1 of 2022 concerning Financial Relations between the Central Government and Local Governments and the mandate of Constitutional Court Decision No. 15/PUU-XV/2017. The research focuses on the inconsistency in the formulation of the basis for imposition and characteristics of Heavy Equipment Tax, which has not internalized the variables of road damage and environmental impact as negative externalities from the use of heavy equipment. The main legal problem lies in the absence of the integration of road/environmental damage weight coefficients as previously known in the Motor Vehicle Tax (PKB) regime, so that the regulatory objectives that should reflect the regulatory function are not achieved. In addition, the lack of clarity in the legal approach is evident in the methodological choice of the legislators, who only adopted a budgetary approach without considering the conceptual approach of the polluter pays principle and the relevant Pigouvian tax theory to control the externalities of heavy equipment. This study is a normative (doctrinal) legal study using a statute approach to assess the conformity of the HKPD Law with the Constitutional Court's decision and a conceptual approach to examine the need to include road and environmental damage variables in the design of heavy equipment tax. The results show that heavy equipment tax regulations in the HKPD Law are still oriented solely towards budgetary functions, without adequate regulatory instruments to correct the negative externalities of heavy equipment use on public roads and in operational areas. The conclusion of the study confirms that the failure to fulfill the Constitutional Court's mandate has led to uncertainty in the concept of heavy equipment tax regulation and resulted in a lack of synchronization between the constitutional goal of environmental protection and the design of regional fiscal policy.
subject: Articles
  topic: section
subject: Heavy Equipment Tax
  topic: keywords
subject: HKPD Law
  topic: keywords
subject: Tax Regulation Function
  topic: keywords
creator: Mardiana Mardiana
creator: Riza Purwanti
creator: Denny Slamet Pribadi
rights: Copyright (c) 2025 Mardiana Mardiana, Riza Purwanti, Denny Slamet Pribadi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-25
publication date: 2025-11-25
starting page: 41
ending page: 59
doi: 10.62872/ij.v2i10.50

Legal Liability for Algorithmic Malpractice in Digital Medical Diagnosis
type: item
description: The integration of artificial intelligence in digital medical diagnostics offers significant benefits but also introduces new risks, including algorithmic malpractice resulting from inaccurate or biased system outputs. This study examines the legal liability framework for algorithmic malpractice using a normative legal research method, analyzing statutory regulations, legal doctrines, and comparative international approaches. The findings indicate that liability remains predominantly placed on physicians, despite evidence that many algorithmic errors originate from design flaws, data bias, or technical failures outside clinical control. Hospitals and algorithm developers also contribute to systemic risks, highlighting the need for a multi-actor liability model. Regulatory reforms are required to establish algorithm audit obligations, risk assessments, human oversight mechanisms, transparency standards, and the adoption of shared or strict liability for developers. This study underscores the necessity of comprehensive regulation to ensure patient protection and legal certainty in the era of medical digitalization.
subject: Articles
  topic: section
subject: artificial intelligence
  topic: keywords
subject: health law
  topic: keywords
subject: legal liability
  topic: keywords
subject: malpractice
  topic: keywords
subject: medical algorithms
  topic: keywords
creator: Teguh Santoso
rights: Copyright (c) 2025 Teguh Santoso https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 85
ending page: 95
doi: 10.62872/ij.v2i10.51

Political Disinformation And Election Law Regulations In The Social Media Era
type: item
description: Political disinformation on social media has emerged as a major threat to electoral integrity due to its rapid, large-scale dissemination driven by platform algorithms. This study analyzes the patterns of political disinformation and evaluates the weaknesses of Indonesia’s electoral regulatory framework in addressing digital-era challenges. A Systematic Literature Review was conducted under the PRISMA protocol, selecting 14 peer-reviewed articles published between 2014 and 2024 and synthesizing them thematically. The findings reveal that political disinformation spreads through echo chambers, coordinated buzzer networks, AI-generated manipulative content, and interpersonal distribution in encrypted private channels. At the same time, Indonesia’s electoral regulations show structural limitations, including the absence of a clear legal definition of political disinformation, insufficient digital monitoring authority for election supervisors, lack of rules on political microtargeting and voter data protection, and limited cooperation between regulators and global digital platforms. The study concludes that comprehensive reform is required, involving legal definitional updates, enhanced institutional technical capacity, increased transparency in digital political advertising, and the adoption of multilevel governance frameworks to manage cross-border platform dynamics. These insights provide a foundation for policymakers to develop an electoral regulatory system that is more responsive and resilient in the social media era
subject: Articles
  topic: section
subject: Algorithms
  topic: keywords
subject: Disinformation
  topic: keywords
subject: Electoral Law
  topic: keywords
subject: Regulation
  topic: keywords
subject: Social Media.
  topic: keywords
creator: Marudut Hasugian
rights: Copyright (c) 2025 Marudut Hasugian https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-26
publication date: 2025-11-26
starting page: 60
ending page: 72
doi: 10.62872/ij.v2i10.54

Criminal Law Reform Policy in Indonesia: Balancing Justice, Morality, and Human Rights
type: item
description: Criminal law reform in Indonesia is not only a legislative process, but also a reflection of complex battles over values and political interests. This study aims to analyze the role of political law in shaping the balance between justice, morality, and human rights in the 2023 revision of the Criminal Code (KUHP). Using a qualitative approach through document analysis, case studies, and interviews with legal experts and human rights activists, this study finds that politics plays a dominant role in determining the direction of criminal law reform. The tug-of-war between conservative and progressive groups creates legal compromises that often blur the line between social morality and the protection of human rights. The results of the study show that criminal law in Indonesia still functions as an instrument of political legitimacy, not merely as a means of substantive justice. Therefore, a participatory and transparent approach is needed so that criminal law reform can uphold social justice without sacrificing the basic rights of citizens.
subject: Articles
  topic: section
subject: Criminal Law Reform
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Justice
  topic: keywords
subject: Legal Policy
  topic: keywords
subject: Morality
  topic: keywords
creator: H. Yusep Mulyana
rights: Copyright (c) 2025 H. Yusep Mulyana https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-20
publication date: 2025-11-20
starting page: 15
ending page: 23
doi: 10.62872/ij.v2i10.53

Political Disinformation And Election Law Regulations In The Social Media Era
type: item
description: Political disinformation on social media has emerged as a major threat to electoral integrity due to its rapid, large-scale dissemination driven by platform algorithms. This study analyzes the patterns of political disinformation and evaluates the weaknesses of Indonesia’s electoral regulatory framework in addressing digital-era challenges. A Systematic Literature Review was conducted under the PRISMA protocol, selecting 14 peer-reviewed articles published between 2014 and 2024 and synthesizing them thematically. The findings reveal that political disinformation spreads through echo chambers, coordinated buzzer networks, AI-generated manipulative content, and interpersonal distribution in encrypted private channels. At the same time, Indonesia’s electoral regulations show structural limitations, including the absence of a clear legal definition of political disinformation, insufficient digital monitoring authority for election supervisors, lack of rules on political microtargeting and voter data protection, and limited cooperation between regulators and global digital platforms. The study concludes that comprehensive reform is required, involving legal definitional updates, enhanced institutional technical capacity, increased transparency in digital political advertising, and the adoption of multilevel governance frameworks to manage cross-border platform dynamics. These insights provide a foundation for policymakers to develop an electoral regulatory system that is more responsive and resilient in the social media era
subject: Articles
  topic: section
subject: Algorithms
  topic: keywords
subject: Disinformation
  topic: keywords
subject: Electoral Law
  topic: keywords
subject: Regulation
  topic: keywords
subject: Social Media.
  topic: keywords
creator: Marudut Hasugian
rights: Copyright (c) 2025 Marudut Hasugian https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-26
publication date: 2025-11-26
starting page: 60
ending page: 72
doi: 10.62872/ij.v2i10.54

The Political Direction Of The Law On The Establishment Of The Capital City Of Nusantara: Analysis Of Interests, Public Participation, And Regulatory Legitimacy
type: item
description: This article examines the legal politics of Indonesia’s new capital, Ibu Kota Nusantara, by analyzing political interests, public participation, and the regulatory legitimacy of Law No. 3 of 2022. Using a normative juridical method, combined with constitutional and administrative law analysis, the study reveals that the formation of the IKN Law reflects strong executive centralization and strategic political objectives that influence the institutional design of the IKN Authority. Despite its national strategic status, the legislative process displayed limited transparency, minimal stakeholder involvement, and accelerated deliberation, raising concerns regarding compliance with constitutional participatory standards. The exceptional governance structure granted to the IKN Authority also presents challenges related to democratic accountability, land governance discretion, environmental safeguards, and oversight mechanisms. Procedural deficiencies at the legislative stage risk generating long-term legitimacy deficits that may extend into derivative regulations governing land use, investment, and environmental management. The study concludes that while the IKN project is framed as a transformative development agenda, its regulatory framework requires stronger participatory mechanisms, clearer oversight structures, and enhanced protections for local and indigenous communities to ensure long-term constitutional and political legitimacy.
subject: Articles
  topic: section
subject: Administrative Law
  topic: keywords
subject: Capital Relocation
  topic: keywords
subject: Constitutional Legitimacy
  topic: keywords
subject: IKN Law
  topic: keywords
subject: Public Participation.
  topic: keywords
creator: Maulida Khairunnisa
rights: Copyright (c) 2025 Maulida Khairunnisa https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-26
publication date: 2025-11-26
starting page: 73
ending page: 85
doi: 10.62872/ij.v2i10.55

The Urgency of Implementing Restorative Justice in Handling Juvenile Crime: A Study of The Principles of Humanity And Justice
type: item
description: This article examines the urgency of implementing restorative justice in handling juvenile crime by analysing the principles of humanity and justice that should guide child-centered legal processes. Using a normative juridical method combined with conceptual and comparative analysis, the study demonstrates that punitive criminal justice responses are incompatible with the developmental characteristics and human dignity of children. Restorative justice offers a more appropriate framework by emphasizing harm repair, accountability, dialogue, and reintegration. The findings reveal significant structural barriers to implementation in Indonesia, including limited facilitator capacity, inadequate victim support, fragmented inter-agency coordination, socio-economic disparities, and persistent punitive cultural attitudes. The article argues that meaningful restorative justice requires clear legal guidelines, standardized procedures, institutional training, community engagement, and integrated social support services addressing the root causes of juvenile offending. Strengthening restorative justice is imperative to ensure that children in conflict with the law are treated with dignity, fairness, and proportionality. The study offers policy recommendations to embed restorative principles in national justice systems, making juvenile handling more humane, equitable, and effective
subject: Articles
  topic: section
subject: humanity
  topic: keywords
subject: Indonesia
  topic: keywords
subject: juvenile crime
  topic: keywords
subject: restorative justice
  topic: keywords
subject: youth justice
  topic: keywords
creator: Henny Saida Flora
rights: Copyright (c) 2025 Henny Saida Flora https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 96
ending page: 108
doi: 10.62872/ij.v2i10.56

Implementation of Regulatory Supervision Regional Head (DPRD) in Dumai City
type: item
description: The Regional Head Regulation in the hierarchy of laws and regulations can be interpreted through Article 8 paragraphs (1) and (2) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The existence of this Regional Head Regulation also raises several record problems, Regional Head Regulations have potential problems no less complicated than Regional Regulations. This is because the supervision of the Regional Head Regulation by the DPRD in Dumai City is not yet clear whose authority. Therefore, this study seeks to analyze how supervision of Regional Head Regulations is made in the context of delegation from higher laws and regulations as well as in the context of policy rules (beleidsregel). This research uses empirical juridical research methods. The results of this study show that the Dumai City DPRD has not been able to supervise the Regional Head Regulation made by the Mayor of Dumai. The suggestion in this study is that there must be clear rules regarding the authorities in supervising the Regional Head Regulation.
subject: Articles
  topic: section
subject: Regional Head Regulation
  topic: keywords
subject: DPRD
  topic: keywords
subject: Hierarchies
  topic: keywords
creator: Muhammad Zulhidayat
creator: Elmayanti Elmayanti
creator: Zulwisman Zulwisman
creator: Separen Separen
creator: Ricki Musliadi
creator: Riyanda Elsera Yozani
rights: Copyright (c) 2025 Muhammad Zulhidayat, Elmayanti Elmayanti , Zulwisman Zulwisman, Separen Separen, Ricki Musliadi, Riyanda Elsera Yozani https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-29
publication date: 2025-11-29
starting page: 132
ending page: 139
doi: 10.62872/ij.v2i10.58

The Role of Law in Protecting Vulnerable Groups: A Study of Access to Justice for Marginalized Communities
type: item
description: This article examines the role of law in protecting vulnerable groups in Indonesia and evaluates the structural, institutional, and cultural barriers that limit their access to justice. Using a normative juridical method, combined with constitutional analysis and vulnerability theory, the study demonstrates that while Indonesia’s Constitution and statutory frameworks provide robust guarantees of equality and human rights, vulnerable communities continue to experience procedural disadvantages, discrimination, and institutional exclusion. The findings show that barriers arise from financial constraints, geographic disparities, institutional bias, evidentiary burdens, corruption, and fragmented sectoral regulation. These structural obstacles prevent marginalized individuals from realizing substantive equality despite formal legal protections. The article argues that improving justice accessibility requires a combination of institutional reforms, including stronger legal aid implementation, inclusive policymaking, enhanced oversight mechanisms, digital justice innovations, and harmonized regulations aligned with international human rights standards. Ultimately, the law can only function as a protective instrument for vulnerable groups if constitutional commitments are matched by responsive institutions and culturally informed legal practices. Ensuring justice for marginalized communities therefore requires sustained reforms that integrate legal, institutional, and social strategies to achieve dignity, fairness, and equal treatment.
subject: Articles
  topic: section
subject: Access To Justice
  topic: keywords
subject: Constitutional Equality
  topic: keywords
subject: Indonesia
  topic: keywords
subject: Marginalized Groups
  topic: keywords
subject: Vulnerability
  topic: keywords
creator: Yusran Maaroef
creator: Ester Balebu
creator: Olivia Salintobe
rights: Copyright (c) 2025 Yusran Maaroef https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-29
publication date: 2025-11-29
starting page: 118
ending page: 131
doi: 10.62872/ij.v2i10.57

Implementation of Regulatory Supervision Regional Head (DPRD) in Dumai City
type: item
description: The Regional Head Regulation in the hierarchy of laws and regulations can be interpreted through Article 8 paragraphs (1) and (2) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The existence of this Regional Head Regulation also raises several record problems, Regional Head Regulations have potential problems no less complicated than Regional Regulations. This is because the supervision of the Regional Head Regulation by the DPRD in Dumai City is not yet clear whose authority. Therefore, this study seeks to analyze how supervision of Regional Head Regulations is made in the context of delegation from higher laws and regulations as well as in the context of policy rules (beleidsregel). This research uses empirical juridical research methods. The results of this study show that the Dumai City DPRD has not been able to supervise the Regional Head Regulation made by the Mayor of Dumai. The suggestion in this study is that there must be clear rules regarding the authorities in supervising the Regional Head Regulation.
subject: Articles
  topic: section
subject: Regional Head Regulation
  topic: keywords
subject: DPRD
  topic: keywords
subject: Hierarchies
  topic: keywords
creator: Muhammad Zulhidayat
creator: Elmayanti Elmayanti
creator: Zulwisman Zulwisman
creator: Separen Separen
creator: Ricki Musliadi
creator: Riyanda Elsera Yozani
rights: Copyright (c) 2025 Muhammad Zulhidayat, Elmayanti Elmayanti , Zulwisman Zulwisman, Separen Separen, Ricki Musliadi, Riyanda Elsera Yozani https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-29
publication date: 2025-11-29
starting page: 132
ending page: 139
doi: 10.62872/ij.v2i10.58

The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste
type: item
description: Human rights are inalienable and inherent to every individual from birth, encompassing fundamental guarantees such as the right to life, equality, security, health, image, and physical integrity. These rights exist to ensure that every human being can live with dignity, and therefore must be respected, protected, and upheld by the state. However, history shows that although human rights are theoretically innate, they have often been violated by those in power, particularly authoritarian regimes, and only gained recognition after prolonged struggles by communities against oppression. The state seeks stability and order, yet this objective can sometimes lead rulers to justify the violation of human rights. For this reason, mechanisms and advocates for human rights emerged to ensure that state power remains controlled and limited. Human rights must be integrated into constitutional and legal frameworks so that their protection becomes a national obligation. The experience of Timor-Leste under Portuguese colonization and Indonesian occupation highlights the critical importance of safeguarding human dignity and preventing the repetition of past violations. Torture and degrading treatment fundamentally contradict human rights because they harm life and dignity. In the contemporary world, human rights should not remain merely theoretical discussions but must be embedded in national laws to protect all citizens, particularly during times of conflict when violations are most likely to occur.
subject: Articles
  topic: section
subject: Human Rights
  topic: keywords
subject: Torture
  topic: keywords
subject: Timor-Leste
  topic: keywords
creator: Hercus Pereira Dos Santos
rights: Copyright (c) 2025 Hercus Pereira Dos Santos https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-29
publication date: 2025-11-29
starting page: 109
ending page: 117
doi: 10.62872/ij.v2i10.60

The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste
type: item
description: Human rights are inalienable and inherent to every individual from birth, encompassing fundamental guarantees such as the right to life, equality, security, health, image, and physical integrity. These rights exist to ensure that every human being can live with dignity, and therefore must be respected, protected, and upheld by the state. However, history shows that although human rights are theoretically innate, they have often been violated by those in power, particularly authoritarian regimes, and only gained recognition after prolonged struggles by communities against oppression. The state seeks stability and order, yet this objective can sometimes lead rulers to justify the violation of human rights. For this reason, mechanisms and advocates for human rights emerged to ensure that state power remains controlled and limited. Human rights must be integrated into constitutional and legal frameworks so that their protection becomes a national obligation. The experience of Timor-Leste under Portuguese colonization and Indonesian occupation highlights the critical importance of safeguarding human dignity and preventing the repetition of past violations. Torture and degrading treatment fundamentally contradict human rights because they harm life and dignity. In the contemporary world, human rights should not remain merely theoretical discussions but must be embedded in national laws to protect all citizens, particularly during times of conflict when violations are most likely to occur.
subject: Articles
  topic: section
subject: Human Rights
  topic: keywords
subject: Torture
  topic: keywords
subject: Timor-Leste
  topic: keywords
creator: Hercus Pereira Dos Santos
rights: Copyright (c) 2025 Hercus Pereira Dos Santos https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-29
publication date: 2025-11-29
starting page: 109
ending page: 117
doi: 10.62872/ij.v2i10.60