Indonesian legislation has recognized Intellectual Property (IP) as an object of fiduciary collateral. However, its implementation continues to face significant obstacles, primarily due to the absence of operational technical regulations governing the execution mechanism for intangible IP assets and the lack of a secondary market for IP assets obtained through execution. These conditions generate legal uncertainty and heighten liquidity risks for financial institutions. Furthermore, the Constitutional Court Decision requiring mutual agreement on the occurrence of default further complicates the fiduciary execution process. This study aims to analyze the normative and practical challenges in executing fiduciary collateral based on intellectual property in Indonesia. Employing a normative juridical research method supported by a statutory approach and court decision analysis, this study finds that the execution of intellectual property in practice is more frequently carried out through the transfer of economic rights rather than direct sale. To enhance its effectiveness, Indonesia must urgently formulate specific derivative regulations, provide technical guidelines for execution, and develop a supporting ecosystem, including an intellectual property secondary market, as has been effectively implemented in South Korea's intellectual property-based financing model.
Abstract. This study examines the limits of legal standing in Indonesian administrative court practice through the PTUN Yogyakarta Decision Number 7/G/2023/PTUN.YK. Using normative legal research with statutory, case, and conceptual approaches, it evaluates how standing operates in administrative licensing disputes involving public interests. The findings show that the prevailing framework under Article 53 of the Administrative Court Law remains restrictive and individualistic, creating barriers to collective or public-interest claims. This study proposes a calibrated reconstruction of standing by integrating individual, collective, and limited public-interest standing based on proportionality and legal nexus. Such a model is necessary to balance access to justice and legal certainty.
Abstract. Contemporary Islamic law operates within plural state, religious, and transnational orders, while gender reform and digital technologies create new legal challenges. This study maps the development, intellectual structure, and gaps of contemporary Islamic law scholarship by analyzing 741 Scopus-indexed articles from 2020–2026 through Systematic Literature Network Analysis. Combining performance analysis, VOSviewer co-authorship and keyword mapping, and thematic review, it interprets findings through maqasid al-shariah, maslahah, and legal pluralism. Results show expanding but fluctuating publications, led by Indonesia, the US, and Malaysia, with clusters on family law, women’s rights, ethics, and digital reform, while empirical agendas remain fragmented and underdeveloped.
Abstract. Article 6A paragraph (2) of the 1945 Constitution designates political parties as the sole path for presidential nomination, sparking debate over its alignment with popular sovereignty under Jean-Jacques Rousseau’s theory. This normative legal study analyzes presidential nomination regulations and independent candidacy prospects using statutory, conceptual, and case approaches. The findings reveal that party nomination is formally valid, yet it restricts citizen participation if party recruitment lacks transparency and inclusiveness. Constitutional Court Decision No. 62/PUU-XXII/2024 abolished the presidential threshold, enhancing open competition without altering party exclusivity. Consequently, independent candidacy remains a constitutional discourse requiring future normative reform.
This study aims to analyze the role of halal food information transparency provided through mobile applications as part of consumer protection for Muslim consumers, by comparing the models implemented in Indonesia and Japan. Using a normative legal research method with statutory and comparative approaches, this study utilizes primary, secondary, and tertiary legal materials, which are analyzed qualitatively through deductive reasoning. The findings show that Indonesia has a more structured halal information system supported by a formal legal framework based on the Halal Product Assurance Law, enabling mobile applications to function as verification tools that provide a high level of certainty. In contrast, Japan develops a voluntary halal information model without uniform standards, resulting in mobile application information that is descriptive in nature and not always verifiable. This fundamental difference affects the level of protection afforded to Muslim consumers, with Indonesia offering stronger legal certainty compared to Japan. The study concludes that the effectiveness of mobile applications as instruments of consumer protection largely depends on regulatory support, the authority of information providers, and reliable verification mechanisms. These findings indicate that strengthening Muslim consumer protection in cross-border food consumption requires the development of more standardized halal information systems, clearer regulatory authority, and verification mechanisms that can be internationally recognized.
Multiple land title disputes constitute a structural problem within Indonesia’s land administration system and have a direct impact on legal certainty for holders of registered freehold titles. Data from the National Land Agency indicate that more than 10,000 land disputes were recorded in 2022, the majority of which involved overlapping land certificates caused by administrative deficiencies, duplicate registrations, and weak verification mechanisms. This study aims to examine: (1) the forms of legal protection afforded to legitimate freehold title holders in cases of multiple land certificates; and (2) the structural weaknesses in Indonesia’s land dispute resolution mechanisms, along with proposals for institutional and regulatory reform. The research adopts a normative–empirical legal method using a qualitative case study approach. Data were collected through triangulation, including in-depth interviews with 15 key informants (landowners, judges, notaries, officials of the National Land Agency, and legal practitioners), courtroom observations, and an analysis of legal documents, including the Basic Agrarian Law, Government Regulation No. 24 of 1997, and relevant court decisions from Jakarta, Surabaya, and Medan. The findings demonstrate that legal protection for legitimate freehold title holders remains partial and ineffective, primarily due to four interrelated factors: (1) fragmented land data and weaknesses in administrative verification by the National Land Agency; (2) a disproportionate burden of proof imposed on legitimate title holders; (3) inconsistencies in judicial decisions arising from tensions between legal certainty and substantive justice; and (4) the limited effectiveness of non‑litigation dispute resolution mechanisms. This study recommends a holistic reform agenda encompassing the strengthening of the evidentiary status of land certificates through amendments to Government Regulation No. 24 of 1997, the full digitalization of the land administration system based on GIS and blockchain technology, the enhancement of the National Land Agency’s administrative authority, and the expansion of access to legal aid for vulnerable groups.
A notary's failure to deliver collateral as stipulated in the cover note downgrades creditors from preferred to concurrent status, causing material losses. This study analyzes legal consequences for negligent notaries and legal protection for banks as creditors using normative juridical method with statutory, conceptual, and case approaches. Results indicate notaries face administrative (dishonorable dismissal), civil (compensation), and criminal (embezzlement in office) sanctions. Legal protection for banks includes civil lawsuits, criminal reports, and complaints to the Notary Supervisory Council. However, protection remains suboptimal as judges deemed banks failed to apply prudential principles despite implementing comprehensive credit analysis.
Abstract. The phenomenon of Indonesian citizens joining foreign military forces creates legal complexities. This research aims to analyze the legal implications and law enforcement challenges regarding these citizens. Using a normative legal research method with statute and case approaches, this study finds that based on Article 23 letter d of Law No. 12 of 2006, Indonesian citizens who join foreign militaries without presidential permission automatically lose their citizenship ipso jure. This constitutes a serious administrative violation. The government must proactively record status revocation through immigration data synergy to maintain state sovereignty.
Abstract. The maxims of raf’u al-haraj and Daf’u al-Darar provide crucial flexibility in Islamic law by addressing hardship and harm. This normative study uses conceptual and comparative approaches to examine their convergence with Western legal principles, including utilitarianism, force majeure, and public interest. Despite similarities, fundamental differences remain regarding legal sources, spiritual orientation, and ultimate goals. The findings reveal that these maxims serve as vital instruments for resolving modern challenges in healthcare, Islamic economics, digital technology, and public policy. The novelty of this study lies in comparing Islamic maxims with Western frameworks, demonstrating the Islamic contribution to an adaptive legal order.
This study examines the legal politics of harmonizing of the national economic system with the global economic system and its implications for national economic sovereignty. The research uses normative legal research methods with legislative, conceptual, and analytical approaches through literature studies on relevant primary and secondary legal materials. The results of the study show that the harmonization of national economic law constitutes a component of the state's legal politics in adapting national regulations to the dynamics of the global economic system. This policy is reflected in the establishment of various economic regulations, including Law Number 25 of 2007 concerning Investment and Law Number 11 of 2020 concerning Job Creation which aims to create legal certainty, increase investment, and strengthen national economic competitiveness. However, the harmonization of economic law also has implications for the country's economic sovereignty because national legal policies are increasingly influenced by global economic structures and standards. Therefore, legal politics is needed to ensure that the harmonization of national economic law is carried out selectively so that global economic integration remains in line with national interests and the principle of economic sovereignty.
In order to uncover the roots of sexual assault in Indonesia, this paper examines contemporary feminist legal theory and sharia maqasid. Two questions are used to formulate it:First, how does feminist legal theory treat sexual violence as a legal and social issue? Secondly, how does maqasid sharia approach sexual violence? The socio-legal approach is the method employed. The results of the research indicate that APH and legal reasoning are still biased in favor of patriarchy, disregarding the experiences of victims, and that sexual violence is still seen as a shame by society. In the meantime, sexual assault is against the five fundamental tenets of maqasid sharia, and Islam truly forbids all types of violence and demands that victims be protected.
The skincare industry in Indonesia has experienced rapid growth, with the number of companies significantly increasing from 913 in 2022 to 1,010 by mid-2023. This growth is accompanied by the phenomenon of overclaim, which refers to exaggerated claims about the benefits of skincare products that are not supported by valid scientific evidence. Overclaim has become an important issue as it can cause both material and immaterial harm to consumers. This study aims to analyse the role of the Indonesian Food and Drug Authority (BPOM) as the authorized body responsible for supervising skincare products circulating in Indonesia, as well as to explore the legal liability of skincare business owners who make overstated claims in the marketing of their products. The methodology used in this research is a normative-empirical approach, which examines the application of legal regulations related to BPOM’s supervision and skincare business practices. The findings indicate that skincare business owners who violate the provisions of the Consumer Protection Law can be subject to civil, administrative, and criminal sanctions, depending on the severity of the violation.
The juvenile offenders’ sanction who involved in aggravated theft is not only as a punishment but incorporate rehabilitation as stipulated in Law Number 11 of 2012 on the Juvenile Criminal Justice System and Articles 363 and 51 of the Indonesian Penal Code. This resear The increasing number of juvenile offenders in Indonesia, particularly those involved in aggravated theft, has raised concerns about the effectiveness of traditional punitive measures. The Juvenile Criminal Justice System (SPPA Law) introduces alternative sanctions, including mandatory vocational training, aimed at rehabilitation and social reintegration. This article examines the justification of vocational training as a criminal sanction for juvenile offenders through various punishment theories, including absolute, relative, and combined theories. It also evaluates the practical challenges faced in implementing this sanction, such as inadequate facilities and mismatched training programs. The purpose of this study is to assess the alignment of vocational training with criminal theories and its effectiveness in preventing recidivism. Using a normative and empirical juridical approach, this research analyzes relevant regulations and conducts interviews with legal practitioners and correctional officers. The findings suggest that while vocational training is a promising alternative to incarceration, its implementation is hindered by insufficient infrastructure, lack of relevant programs, and inadequate mentoring. To improve its effectiveness, the study recommends better coordination among agencies, improved facilities, and the development of training programs tailored to the individual needs of juvenile offenders.ch findings that the sanction aligns with the Juvenile Criminal Justice System Law and sentencing theories. The effectiveness of sentencing promotes a restorative approach but often hindered by inadequate facilities and programs. Improved coordination and support are needed to ensure effectivity and reduce the risk of juvenile recidivism.
This library research focuses on books and literature as primary sources. It provides an overview of Indonesia's economic development from the perspective of sharia economic law philosophy and its application in DSN-MUI fatwas. Islamic economic philosophy is rooted in the Qur'an and Sunnah, which also guide DSN-MUI in formulating fatwas addressing economic issues. DSN-MUI plays a strategic role in developing sharia economic law to meet society's need for legal fatwas on economic activities, particularly in response to evolving product innovations.
The SEHATI program in Semarang City has not been optimally utilized by MSEs because of the 29,997 MSEs in Semarang City, only 17,637 MSEs have halal certificates. Whereas halal certification is a form of business actors' responsibility in providing halal assurance of the products they sell to consumers. Therefore, from this phenomenon, an analysis was carried out regarding the implementation and obstacles of the SEHATI program in Semarang City. The theory used is the policy implementation theory by George C. Edward III. The results of the study indicate that communication, resources, disposition of implementers, and bureaucracy of the JPH Task Force are not optimal because there are still members who are not active in assisting the implementation of the SEHATI program in Semarang City. Obstacles found include the lack of data on the number of halal certificates per sub-district, limited SEHATI quotas, and technical problems with the SIHALAL application. Therefore, improvements in communication and competent and dedicated human resources are needed for the effective implementation of the SEHATI program.
This study examines the mirroring of movies on TikTok, a rising issue that challenges copyright enforcement in Indonesia. Using a normative juridical approach, it evaluates the effectiveness of Law No. 28 of 2014 and Government Regulation No. 71 of 2019 in tackling digital piracy. Despite existing regulations, enforcement remains weak due to difficulties in identifying infringers, user anonymity, rapid content dissemination, and limited enforcement mechanisms. TikTok’s reactive content moderation relies on user reports rather than proactive detection, delaying the removal of infringing content. Cross-border legal complexities further hinder enforcement. This study suggests AI-driven content detection, stricter platform accountability, stronger government oversight, and enhanced collaboration between stakeholders. Public awareness campaigns on digital copyright are also essential. Strengthening these aspects will lead to a more effective copyright protection framework in Indonesia’s digital landscape.
Along with the advancement of technology, it has actually facilitated access to movies through various digital platforms. However, to get access to these platforms, people need to subscribe regularly, which not all people can do. This has led to the emergence of the phenomenon of movie reviews on social media which often feature movie trailers which are then monetized, resulting in potential copyright infringement. This research uses normative juridical research methods by collecting legal materials through literature studies. Furthermore, the results of this study show that the practice of movie reviews is actually allowed as long as its use is in accordance with the principle of fair use as stipulated in Article 43 to Article 51 of the HC Law. Based on this principle, the practice of film reviews also cannot be categorized as copyright infringement as long as it meets several conditions, namely non-commercial and permission from the creator. In addition, movie reviews are also not considered to be copyright infringement if the review has included the source in full and does not harm the creator. However, it should be noted that movie reviews on social media that violate copyright provisions can basically lead to legal consequences both in civil and criminal scope.
The dynamics of E-Sports rapidly has shown the implication to system of regulation that could possibly arrange the way and the shape E-Sport Industry should be running. Shortly, such as condition will automatically disrupt the legal system. E-Sports in this article, concern on a fundamental set of legal issues as an integral to E-Sports ecosystem which has been more attractive and challenging regarding the strategic impact not only in the field of economical aspect but also the other multidimensional aspect. This expanding industry seems poised to bring in new era of digital economic industry, but it also needs to be aware of the myriad legal concerns.
This juridical review examines the legal implications of granting remissions for prisoners in correctional institutions under Permenkumham Number 7 of 2022. The regulation, issued by the Ministry of Law and Human Rights of Indonesia, governs the process of remission, a reduction of a prisoner's sentence as a form of leniency or reward for good behavior. The analysis delves into the constitutional and statutory framework surrounding the granting of remissions, evaluating its consistency with principles of justice, equity, and rehabilitation. Furthermore, it explores the procedural aspects of the remission process, including eligibility criteria, application procedures, and discretionary powers of the authorities involved. Additionally, this review examines potential challenges or controversies arising from the implementation of Permenkumham Number 7 of 2022, particularly regarding transparency, accountability, and the potential for abuse or discrimination in granting remissions. By critically examining the legal foundations and practical implications of this regulation, this review aims to contribute to the discourse on criminal justice reform and the protection of prisoners' rights within the Indonesian legal system.
The privatization of marine space in Tangerang through sea fences and Building Use Rights (HGB) certificates harms the local economy. All forms of natural resource privatization in Indonesia must consider their legality. The purpose of this research is to analyze the legality of the Tangerang Sea fence and the legal certainty of HGB certificates in the privatization of marine space. This research uses a normative juridical approach with secondary data. The research results indicate that this privatization violates Indonesian positive law because it does not meet the licensing procedures, contradicts Article 33, paragraph 4 of the 1945 Constitution, and harms the community. The HGB certificate is also invalid because it violates spatial planning regulations and the principle of common property.
