While the right to healthcare is recognized as an internationally binding obligation, existing legal frameworks often fail to translate state duties into enforceable legal liability when healthcare facility delivery collapses. To address this critical enforcement gap, this study proposes a novel legal framework to redesign state liability in healthcare provision, establishing how state responsibility should be structurally reconfigured in Indonesia through a comparative synthesis with Malaysia and the Netherlands. Utilizing a normative juridical method with conceptual and comparative approaches, this research analyzes how distinct legal traditions shape state legal accountability. The findings reveal that Indonesia relies on an explicit constitutional entitlement with a direct administrative-fault model, which currently suffers from enforcement bottlenecks and budgetary retrogressions. Conversely, Malaysia operates under an implicit statutory right managed through an operational vicarious liability model, limiting state claims strictly to civil torts within public facilities. Meanwhile, the Netherlands adopts an instructional social-right approach implemented through a supervisory-systemic regulatory model, where the state acts strictly as a system guardian within a managed competition framework. By synthesizing these divergent systems, this study reconstructs a balanced state liability model for Indonesia that integrates direct constitutional mandates, operational vicarious compensation, and independent supervisory enforcement. Ultimately, this redesigned framework offers a transformative legal blueprint to strengthen judicial enforceability and guarantee equitable access to healthcare facilities.
Natural resource corruption in Indonesia exposes a structural weakness in the way criminal law understands loss. Conventional corruption doctrine has treated state financial loss mainly as a fiscal, accounting, or budgetary deficit, while environmental law treats ecological damage as harm to public environmental functions, ecosystem services, and intergenerational welfare. This article examines how state financial loss and environmental damage should be distinguished, connected, and reconstructed in corruption cases involving mining, forestry, plantation, and other extractive sectors. Using normative legal research with statutory, conceptual, case, and reform-oriented approaches, this article analyses Indonesian anti-corruption law, environmental law, the 2023 Criminal Code, Constitutional Court doctrine on actual loss, environmental loss valuation, and selected corruption cases involving ecological damage. The article argues that environmental damage should not be mechanically absorbed into state financial loss, because each concept has a different legal function. Nevertheless, in natural resource corruption, ecological damage can become legally relevant to corruption liability when it is proven as a consequence of unlawful allocation, abusive licensing, illegal enrichment, or the state’s future restoration burden. The article proposes a legal reconstruction based on functional integration rather than conceptual merger: environmental damage should not automatically be classified as state financial loss, but may become legally relevant to natural resource corruption through a structured sequence of liability, causality, ecological valuation, and recovery. By separating these stages, the proposed model preserves the principle of legality while enabling scientifically established ecological harm to inform criminal liability, monetary valuation, restoration, and asset recovery in a legally disciplined manner.
This article explores the legal question of how Indonesia's halal certification framework integrates religious standards into the state legal system while balancing constitutional values, administrative management, and economic considerations. It analyzes the political formation of Indonesia’s halal certification regime and identifies the institutional compromises and distribution of authority underlying its regulatory framework, using statutory, conceptual, and historical approaches. Data were analyzed qualitatively through legislative drafts, parliamentary debates, academic manuscripts, relevant legislation, and institutional documents. The results demonstrate that the government, especially the Indonesian Ulema Council, the Halal Product Assurance Organizing Agency, the Halal Inspection Institutions, pertinent ministries, and economic parties, negotiated the regime. The main compromise keeps administrative and religious authority apart: the Institutions perform halal inspections, the Agency organizes and manages halal product assurance, and the Council continues to play a major role in determining halal status through religious fatwas. This approach creates a hybrid regulatory model in which religious authority is not used as an independent regulating body but is instead institutionally integrated into a state-run certification system. According to the study's findings, this approach offers a constitutional way to accommodate religious beliefs without turning Indonesia's multicultural legal system into a legally religious one. To improve legal certainty and the efficacy of halal certification, it suggests enhancing inter-institutional collaboration, defining authority limits, and guaranteeing transparent and accountable procedures.
Corruption poses a persistent challenge to effective governance because it undermines public trust, institutional accountability, and moral integrity. However, anti-corruption efforts that emphasize administrative and technological mechanisms may remain ineffective without support from ethical leadership and participatory social norms. This study examines how Nurcholish Madjid’s humanistic and modernist perspective can inform anti-corruption governance by integrating moral reform, community-based social control, ethical leadership, and digital transparency. Madjid was a prominent Indonesian Muslim intellectual who championed modernist ideas and authored influential works on religion, modernity, morality, and socio-political issues; his thought continues to attract the attention of scholars and activists today. Employing a qualitative research design, the study combines a literature analysis of Madjid’s major works with empirical data from a Focus Group Discussion involving local government representatives, village heads, and Islamic organization representatives, focusing on experiences in Sisir Subdistrict and Bulukerto Village. The findings indicate that digital governance mechanisms can strengthen transparency and accountability, but their effectiveness depends on moral integrity, community participation, and institutional commitment. The experiences of Sisir Subdistrict and Bulukerto Village illustrate different dimensions of this relationship: digital system integration supports administrative transparency, while community involvement strengthens social oversight. The study contributes to anti-corruption scholarship by demonstrating how moral and social dimensions can complement digital governance mechanisms within local institutional contexts. Practically, the findings suggest that sustainable anti-corruption policies should integrate ethical leadership, civic participation, community oversight, and digital accountability rather than relying on technological solutions alone.
Repressive actions by law enforcement officers against the press is an issue that has persisted in Indonesia, raising serious concerns about the state of journalistic freedom in the country. Legal protections for journalists, as stipulated in the Press Law, have not provided adequate security, and the press, which embodies the sovereignty of the people, has not achieved the freedom and independence it was promised after the Reformation. This trajectory signals a broader and troubling decline in democracy. Serving as the eyes, ears, and voice of the people, the press faces mounting pressure in carrying out its journalistic work, a pressure made worse by the numerous cases of violence originating from the police, the very pillar of law enforcement. Therefore, this study examines applicable laws and regulations on the issue, using a normative juridical approach. Addressing the disharmony between police duties and press rights requires a shared perception of the Press Law. This study makes three recommendations. First, Article 8 of the Press Law should be amended. Second, the Indonesian National Police should issue a regulation of the Chief of the Indonesian National Police governing the authority of police officers in relation to journalistic activities. Third, the Press Council should take an active role in advocating for journalists whose press freedom is restricted
