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
Legal Responsibility in Smart Contracts in Blockchain Transactions
The development of blockchain technology has given rise to smart contracts as a self-executing, decentralized, code-based contractual mechanism. Their presence poses conceptual and normative challenges in the Indonesian contract law system, particularly regarding the legal standing and construction of the parties' responsibilities amidst a normative vacuum. This study aims to analyze the legal status of smart contracts from the perspective of Indonesian civil law and to formulate a relevant legal liability model for blockchain-based transactions. The research method used is normative legal research with statutory, conceptual, and analytical approaches. Primary legal materials include the Civil Code, the Electronic Transactions and Transactions Law, and regulations related to electronic transactions, while secondary legal materials include doctrine, liability theory, and literature on blockchain. The results show that smart contracts can be qualified as agreements as long as they meet the valid requirements of an agreement as stipulated in Article 1320 of the Civil Code. However, their immutable and automated nature creates tensions with the principles of freedom of contract and good faith. The identification of legal subjects in the blockchain ecosystem includes users, developers, validators, and platforms, with liability models that can be based on fault liability or the possibility of strict liability under certain conditions. The absence of norms has the potential to give rise to disparities in interpretation and legal uncertainty, so that a normative reconstruction is needed that is adaptive to the character of decentralization to ensure legal certainty, justice, and benefits.
Copyright (c) 2026 Neri Aslina, Anis Noviya (Author) https://creativecommons.org/licenses/by-sa/4.0
Harmonization of Mineral and Coal Mining Licensing Regulations in the National Legal System
Harmonization of mineral and coal mining (minerba) licensing regulations is a crucial issue in the national legal system, particularly following the amendment to the Minerba Law and its integration into the Job Creation Law regime. These regulatory dynamics have raised issues of norm synchronization, both vertically and horizontally, which impact legal certainty and natural resource governance. This study aims to analyze the normative construction of mineral and coal licensing within the regulatory hierarchy, identify forms of norm conflict, and formulate the urgency of regulatory harmonization from a rule of law perspective. This study uses a normative juridical method with a statute approach, a conceptual approach, and a legal system approach. Primary legal materials include the 1945 Constitution, the Minerba Law, the Job Creation Law, the Regional Government Law, and environmental and spatial planning regulations, which are analyzed prescriptively. The results show norm conflict in the form of central-regional authority conflicts, disharmony between mining business permits and environmental approvals, and overlaps between WIUPs and land rights. This situation undermines the principle of legal certainty (rechtssicherheit), potentially violating the principles of utility and justice, and weakening the legitimacy of state administrative actions. Harmonizing regulations through legislative review, strengthening norm synchronization mechanisms, and consistently applying the principles of lex superior, lex specialis, and lex posterior are prerequisites for realizing equitable and sustainable mining governance.
Copyright (c) 2026 Hezron Sabar Rotua Tinambunan (Author) https://creativecommons.org/licenses/by-sa/4.0
Increasing Awareness of the Younger Generation on Political Participation in General Elections
General elections are the main pillars of Indonesian democracy as stipulated in Article 27 of the 1945 Constitution of the Republic of Indonesia and Law Number 7 of 2017 concerning General Elections. The younger generation, which makes up about 55% of the total electorate, has a strategic role in determining the political direction of the nation. However, the phenomenon of political apathy and white groups (golput) among the younger generation shows a low awareness of their constitutional rights and obligations. This research aims to analyze efforts to increase the political awareness of the younger generation through political education and legal socialization. The method used is counseling and mentoring activities for students of SMK Negeri 8 Information and Communication Technology Jayapura on July 25, 2025. The results of the study show that systematic and comprehensive political education is able to increase the understanding of the younger generation about the importance of participation in elections, the right to vote as citizens, as well as the dangers of politicization and irrational mobilization. In conclusion, increasing the political awareness of the younger generation requires synergy between election organizers, the government, and educational institutions to form rational, critical, and actively participating voters in the democratic process.
Copyright (c) 2025 Marudut Hasugian, Firman, Muhamad Sofian (Author) https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of Criminal Law Policy in Tackling Digital-Based Crime in the Era of Artificial Intelligence
The development of digital technology characterized by the use of artificial intelligence has given birth to new forms of crime that are complex, anonymous, and cross-border, thus challenging the conventional construction of criminal law. The character of digital-based crime shows a fundamental shift from physical crime to system, data, and algorithm-based crime, which has not been fully accommodated in Indonesia's criminal law policy. This research aims to analyze the construction of criminal law policy in tackling digital-based crime in the era of artificial intelligence and formulate the idea of adaptive and fair criminal law policy reconstruction. The research method used is normative juridical with a statutory and conceptual approach, through an analysis of Law Number 1 of 2024 concerning the Second Amendment to the Law on Information and Electronic Transactions and Law Number 1 of 2023 concerning the Criminal Code. The results of the study show that criminal law policy is still reactive, fragmentary, and dominated by the classical paradigm, thus causing problems in the formulation of delicacies, criminal liability, and proof of crimes based on artificial intelligence. Criminal law policy reconstruction is needed through paradigm reform, harmonization of norms, strengthening the criminal accountability model, and integrating penal and non-penal policies to ensure legal certainty, community protection, and justice in the digital era.
Copyright (c) 2026 Suwarto Suwarto, Sutiarnoto Sutiarnoto, Marianne Magda (Author) https://creativecommons.org/licenses/by-sa/4.0
Building Rights Over Management Rights In The Batam Free Trade Area: Perspectives On Certainty And Legal Protection
Hak Guna Bangunan (HGB) above the right of Management (HPL) is a form of state land utilization that develops in the practice of managing national strategic areas, especially in the Free Trade Area and free port of Batam. However, this practice raises complex juridical issues, especially with regard to the vagueness of the legal status of HPL which is not explicitly regulated in the agrarian Basic Law, resulting in weak certainty and legal protection for HGB holders. This study aims to analyze the legal status of HGB above HPL in the land management system in Batam, assess the application of the principles of Indonesian land law in the regulation and management by the Batam Enterprise Board, and formulate reformulation of HGB settings above HPL in order to ensure the protection of the rights of related parties. The research method used is normative legal research with a statutory, conceptual, and systemic approach, which is analyzed qualitatively with prescriptive reasoning. The results showed that HGB regulation above HPL is still characterized by emptiness and disharmony of norms, dominance of administrative authority of area managers, and not optimal application of the principles of legal certainty, justice, and rights protection. This study concludes that the reformulation of HGB arrangements above HPL is needed through the affirmation of the position of HPL as a state Public Authority, strengthening the status of HGB as a right to legally protected land, as well as the arrangement of Area Management Authority to be in line with the principles of National Land Law and state law.
Copyright (c) 2026 Anjas Setiawan, Helmi Helmi, Rosmidah Rosmidah (Author) https://creativecommons.org/licenses/by-sa/4.0
Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law
This study aims to analyze the effectiveness of corporate criminal liability for major corruption crimes based on Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Using the normative juridical method, this study examines the change in the criminal law paradigm from an individualistic orientation to the recognition of corporations as independent criminal law subjects. The results of the study show that the new Criminal Code provides a comprehensive legal basis for the application of the principle of corporate criminal liability, through explicit provisions in Articles 45-51 that affirm the form of offense, the mechanism of proof, and the type of criminal sanctions against corporations. Additional crimes such as freezing business activities, dissolving corporations, and state supervision are considered more efficient in encouraging institutional reform than fines alone. However, the effectiveness of implementing this norm is still faced with institutional challenges, limited law enforcement capacity, and the need for uniform prosecution guidelines. Conceptually, the new Criminal Code marks the transformation of national criminal law towards a system that emphasizes a balance between substantive justice, legal certainty, and social benefit. Consistent, proportionate, and evidence-based law enforcement is the key to the realization of the rule of law against corporate entities in Indonesia.
Copyright (c) 2025 Frans Reumi https://creativecommons.org/licenses/by-sa/4.0
Analysis of Industrial Design Rights Protection in Supreme Court of Indonesia Number 1865 K/PDT.SUS-HKI/2022 Based on The Principle of Novelty and The Principle of Good Faith in Law Number 31 of 2000
This study examines the Analysis of Industrial Design Rights Protection in the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022 as mandated by Law No. 31 of 2000 concerning Industrial Designs. The main issue discussed is the application of the principles of novelty and good faith in the legal protection of industrial designs, as well as how the court applies these principles in its judgment. The purpose of this research is to analyze the urgency of applying the principles of novelty and good faith to maintain a balance between the exclusive rights of design owners and the public interest, and to assess the consistency of the Supreme Court in upholding justice and legal certainty within the field of intellectual property rights. The research employs a normative (doctrinal) legal method using statutory, conceptual, and case approaches based on the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022. The data consist of primary, secondary, and tertiary legal materials, including legislation, academic literature, and relevant jurisprudence. The results show that novelty is an essential requirement for obtaining legal protection over industrial designs, while good faith serves as both a moral and juridical filter to prevent the misuse of rights by unqualified parties. The Supreme Court emphasized that legal protection is granted only if the design is genuinely new, aesthetically valuable, and registered with honesty and legitimate intention. The study concludes that the principles of novelty and good faith hold fundamental importance in Indonesia’s industrial design legal system. Both serve as the core foundation in determining the validity of registration and protection of industrial designs. The study recommends strengthening technical regulations and enhancing substantive examination by the Directorate General of Intellectual Property (DGIP) to ensure that industrial design protection becomes more effective, fair, and responsive to the growth of the creative industry.
Copyright (c) 2025 Mardiana, Adji Annisa Rahmadina, Khairunnisa Noor Asufie https://creativecommons.org/licenses/by-sa/4.0
Criminal Sanctions for Domestic Violence: Analysis of Effectiveness and Victim Protection
This study analyzes the effectiveness of criminal sanctions against perpetrators of domestic violence and the level of legal protection provided to victims based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). The approach used is a normative juridical method by examining relevant laws and regulations, doctrines, and judicial practices. The results of the study show that although the PKDRT Law has provided a strong legal basis in cracking down on perpetrators, its effectiveness is still weak due to structural constraints, patriarchal culture, and lack of victim perspective among law enforcement officials. Legal protection for victims is still formalistic and has not touched on the aspects of psychological and social recovery. Therefore, it is necessary to reconstruct the criminal law paradigm through a restorative justice approach that prioritizes the restoration of the dignity of victims, social reconciliation, and the prevention of repeated violence. Reformulation of norms and strengthening the capacity of law enforcement agencies is also an urgent need for the law to function as an instrument of substantive justice, not just a tool of punishment. This research emphasizes that justice in domestic violence cases must be realized through a balance between legal certainty, victim protection, and universal human values.
Copyright (c) 2025 Rahmat Setiawan, Arianti A. Ogotan, Endang Mustikowati https://creativecommons.org/licenses/by-sa/4.0
Implementation of Criminal Law Enforcement Against Environmental Pollution in Indonesia
Criminal law enforcement is an important instrument in protecting and managing the environment in a sustainable manner. This study aims to analyze the application of criminal law to environmental pollution based on Law Number 32 of 2009 and identify obstacles in its implementation. The focus of the study includes the effectiveness of criminal sanctions against polluters and factors that hinder the optimization of law enforcement. The method used is empirical juridical with a qualitative approach, through interviews, observations, and document studies at the Jambi City Environmental Office. Research shows that criminal law enforcement has not been running optimally. The administrative and restorative justice approach is more dominant, but it has not been effective in having a deterrent effect. The main obstacles include weak coordination between institutions, limited resources, and low awareness of business actors on environmental document obligations. In addition, the permissive legal culture and the infrequent application of criminal sanctions also weaken law enforcement. There is a need to strengthen synergy between agencies, increase the capacity of law enforcement officials, and balance between repressive and restorative approaches. More effective criminal law enforcement is expected to improve legal compliance and provide real protection for the environment.
Copyright (c) 2025 Hafrida Hafrida, Dessy Rakhmawaty, M. Ricky Putra Herlambang https://creativecommons.org/licenses/by-sa/4.0
Jiwasraya Insurance Default Case: Civil Law Perspective in Consumer Protection
The Jiwasraya Insurance default case raises complex legal implications, especially in the perspective of civil law and consumer protection. The legal relationship between the insurance company and the policyholder, which should be based on the principles of pacta sunt servanda and good faith, turned into a dispute due to violation of contractual obligations and weak supervision. This research uses a normative juridical method with a legislative approach, especially Law Number 40 of 2014 concerning Insurance and Law Number 8 of 1999 concerning Consumer Protection. The results of the analysis show that the civil liability of insurance companies has not been effective due to the weak enforcement of the principles of prudence and transparency in business practices. Legal protection for consumers has also not been optimally implemented due to information inequality, low legal literacy, and lack of intervention by supervisory authorities. It is necessary to reconstruct the principles of civil law that are oriented towards substantive justice and corporate social responsibility so that consumer rights are comprehensively protected. Consistent law enforcement, dispute resolution system reform, and strengthening public legal literacy are key to realizing a transparent, accountable, and fair insurance industry.
Copyright (c) 2025 Anwar Anwar https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of Derivative Actions as a Means of Protecting The Interests of Minority Shareholders in Limited Liability Companies
This study examines Derivative Actions as a legal instrument to protect minority shareholders in Limited Liability Companies in Indonesia based on Law Number 40 of 2007. The main issue discussed is the effectiveness of Derivative Actions in ensuring fairness and balance of power between majority and minority shareholders. The purpose of this study is to analyze the legal framework of Derivative Actions in the Indonesian corporate legal system and evaluate its relevance to the application of Good Corporate Governance (GCG) principles. This study uses a normative (doctrinal) legal method with a juridical, conceptual, and case approach. Data was collected from primary, secondary, and tertiary legal materials and analyzed qualitatively through legal interpretation. The findings show that Derivative Actions provide a solid legal basis for minority shareholders to sue Directors or Commissioners who violate their fiduciary duties; however, their practical application is still limited due to procedural complexity and lack of legal awareness. This study concludes that Derivative Actions play a vital role in realizing corporate justice, improving management accountability, and strengthening transparency and responsibility in corporate governance in Indonesia.
Copyright (c) 2025 Mardiana Mardiana, Nun Fadillah Muslimah, Johan Tri Noval Hendrian Tombi https://creativecommons.org/licenses/by-sa/4.0
Digital Monopoly and Threats to Fair Competition : an Analysis of Antitrust Law in the Platform Ecosystem
The rapid expansion of the digital economy has given birth to a new market structure characterized by the dominance of data-based technology platforms, algorithms, and strong network effects, thus potentially giving rise to a form of digital monopoly that threatens healthy business competition. This study aims to analyze the phenomenon of digital monopoly through the perspective of Indonesian antitrust law, especially based on Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The research method used is normative juridical with a normative, conceptual, and analytical approach to practices and literature related to digital business competition law enforcement. The results of the discussion show that national anti-competition legal instruments face normative and technical challenges in reaching out to practices of abuse of dominant positions in the platform ecosystem, such as self-preferencing, digital bundling, and algorithmic-based market locking that are not explicitly covered in the classic indicators of market share and price. The lack of transparency of the system and the cross-border character of the global platform complicate ICC's supervisory capacity in enforcing the rules effectively. Therefore, this study emphasizes the urgency of reformulating an antitrust regulatory approach that is more adaptive to the reality of the digital economy, both through the redefinition of the concept of market power, strengthening enforcement jurisdiction, and the adoption of global principles that emphasize algorithmic transparency and fairness of access for all business actors.
Copyright (c) 2025 Herry M Polontoh https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Government Employees with Work Agreements (PPPK) from a Human Rights Persfective in Indonesia
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
Copyright (c) 2025 Ulya Ulya, Sukamto Satoto, Helmi Helmi https://creativecommons.org/licenses/by-sa/4.0
Legal Reform Post-Demonstration: An Analysis of the Impact of Protests on Public Policy
Demonstrations represent a crucial democratic mechanism for expressing public aspirations regarding state policies. The August 25, 2025 protests in Indonesia illustrate how socio-political pressure can drive legal reform and influence public policy, particularly concerning the transparency and accountability of legislative institutions. This study aims to analyze the impact of public demonstrations on the dynamics of legal reform and their effects on public policy. Based on this background, the research questions are: first, how do demonstrations affect legal reform in Indonesia; and second, to what extent do protests influence public policy changes, especially in terms of legislative transparency and accountability. The research employs a normative-juridical approach complemented by a socio-legal perspective, with a descriptive-analytical design. Primary data consists of legislation and regulations, secondary data from literature and media reports, and tertiary data from legal dictionaries and supporting documents. Data were collected through library research, media documentation, and document analysis, and were analyzed qualitatively. The findings indicate that the August 25, 2025 protests acted as a catalyst for legal reform and prompted shifts in public policy towards good governance principles, enhancing transparency, accountability, and public participation in the legislative process.
Copyright (c) 2025 Darmawan Sutawijaya https://creativecommons.org/licenses/by-sa/4.0
Disagreement Between Heavy Equipment Tax Regulations and The Mandate of The Constitutional Court Decision on Road and Environmental Damage Variables
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.
Copyright (c) 2025 Mardiana Mardiana, Riza Purwanti, Denny Slamet Pribadi https://creativecommons.org/licenses/by-sa/4.0
Legal Liability for Algorithmic Malpractice in Digital Medical Diagnosis
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.
Copyright (c) 2025 Teguh Santoso https://creativecommons.org/licenses/by-sa/4.0
Political Disinformation And Election Law Regulations In The Social Media Era
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
Copyright (c) 2025 Marudut Hasugian https://creativecommons.org/licenses/by-sa/4.0
Criminal Law Reform Policy in Indonesia: Balancing Justice, Morality, and Human Rights
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.
Copyright (c) 2025 H. Yusep Mulyana https://creativecommons.org/licenses/by-sa/4.0
The Political Direction Of The Law On The Establishment Of The Capital City Of Nusantara: Analysis Of Interests, Public Participation, And Regulatory Legitimacy
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.
Copyright (c) 2025 Maulida Khairunnisa https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Implementing Restorative Justice in Handling Juvenile Crime: A Study of The Principles of Humanity And Justice
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
Copyright (c) 2025 Henny Saida Flora https://creativecommons.org/licenses/by-sa/4.0
Implementation of Regulatory Supervision Regional Head (DPRD) in Dumai City
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.
Copyright (c) 2025 Muhammad Zulhidayat, Elmayanti Elmayanti , Zulwisman Zulwisman, Separen Separen, Ricki Musliadi, Riyanda Elsera Yozani https://creativecommons.org/licenses/by-sa/4.0
The Role of Law in Protecting Vulnerable Groups: A Study of Access to Justice for Marginalized Communities
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.
Copyright (c) 2025 Yusran Maaroef https://creativecommons.org/licenses/by-sa/4.0
The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste
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.
Copyright (c) 2025 Hercus Pereira Dos Santos https://creativecommons.org/licenses/by-sa/4.0
Privacy, Surveillance, and Constitutional Rights in the Digital State
The transformation of Indonesia into a digital state has intensified the use of digital surveillance technologies, including big data analytics, biometric systems, and algorithmic monitoring, in the name of public administration, security, and governance efficiency. While these developments promise administrative effectiveness, they simultaneously pose serious constitutional challenges to the protection of privacy as a fundamental right. This article examines the normative position of privacy within Indonesia’s constitutional framework and analyzes the problem of normative ambiguity surrounding state surveillance in the digital era. Employing normative juridical research with statute, conceptual, and case approaches, this study identifies the absence of clear constitutional limits on surveillance authority, vague standards for public interest and national security justifications, and weak mechanisms of accountability and oversight. The findings demonstrate that such ambiguity risks legitimizing an over-surveillance state and undermines legal certainty and substantive constitutional protection. This article argues that privacy in the digital state must be reconstructed as a core constitutional safeguard through clear legal bases, proportionality requirements, mandatory judicial authorization, and independent supervisory mechanisms, ensuring a balanced relationship between state power and fundamental rights.
Copyright (c) 2026 Marudut Hasugian, Anis Noviya (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Analysis of the Application of Reverse Proof in Corruption Cases
This article discusses the juridical construction and implications of applying reverse burden of proof in corruption cases in Indonesia, with emphasis on its relation to the principle of legality and the presumption of innocence as fundamental principles in criminal law. The application of reverse burden of proof as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has sparked juridical debate regarding the extent to which this mechanism can be accepted within the framework of a rule-of-law state that upholds the principles of a fair trial and the protection of citizens' constitutional rights. Through a normative juridical research method, this article examines the normative tensions that arise when reverse burden of proof is confronted with the principle of non-self-incrimination and the concept of unlawful acts as essential elements in corruption crimes. The analysis results indicate that reverse burden of proof has a legitimate basis as an effort to combat corruption, which is considered an extraordinary crime, but its use must be positioned as a right, not an obligation of the defendant. Furthermore, its application cannot replace the state's duty to legally prove the elements of a criminal act, particularly the element of unlawfulness. Thus, the reverse burden of proof mechanism must be understood as a limited and balanced evidentiary strategy, to ensure that the judicial process remains within constitutional boundaries.
Copyright (c) 2026 Edi Bagus Waluyo Yuda Teguh Rahayu, Dudik Djaja Sidarta, Subekti Subekti (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Opinion: Legal Protection Towards Victim of Cyberbullying Case From the Perspective of Electronic Information and Transactions Law (UU ITE)
This study aims to examine the forms of cyberbullying and analyze the extent of legal protection provided to victims under Indonesian law, particularly through the Electronic Information and Transactions Law (Law No. 11 of 2008 as amended by Law No. 19 of 2016) and relevant provisions of the Indonesian Criminal Code. Using a qualitative normative–empirical approach, this research analyzes legal regulations, academic literature, and documented cases of cyberbullying to assess the effectiveness of existing legal frameworks in addressing online harassment, defamation, threats, extortion, hate speech, and cyberstalking. The findings reveal that Indonesian legislation has established comprehensive legal provisions to criminalize various forms of cyberbullying, as reflected in Articles 27, 28, and 29 of the UU ITE, as well as Articles 310 and 368 of the Criminal Code. These provisions demonstrate the government’s commitment to protecting victims; however, challenges remain in terms of legal implementation, public awareness, and the balance between law enforcement and victim protection. The study concludes that although Indonesia has made substantial efforts to regulate cyberbullying, continuous legal refinement, stronger victim-centered protection mechanisms, and enhanced digital literacy are essential to effectively address cyberbullying in the digital era.
Copyright (c) 2026 Ni Made Padmawardhani Rakheswari (Author) https://creativecommons.org/licenses/by-sa/4.0