This study examines how Indonesia's political party finance regulations can be redesigned to strengthen transparency and accountability in a multiparty system. Using normative legal research based on statutory and legal theory approaches, it finds that the current framework remains ineffective because of limited public disclosure, weak independent auditing, fragmented oversight, and inadequate regulation of political contributions. The study proposes an integrated governance model comprising six regulatory pillars: standardized public financial reporting, a national digital reporting system, independent audits by the State Audit Agency (BPK), stricter regulation of private donations, performance-based public funding, and institutionalized public oversight. The study contributes to the political finance literature by advancing an integrated governance model for political party finance in multiparty democracies.
The recruitment of state officials in post-reform Indonesia remains vulnerable to political intervention, which can undermine the independence of public officials and contribute to corruption, collusion, and nepotism. This study employs a normative juridical approach to examine the political dynamics of state official recruitment and identify measures to reduce political interference. The findings indicate that strengthening merit-based recruitment, limiting political influence, and implementing comprehensive legal and institutional reforms based on the theories of Max Weber and Lawrence M. Friedman are essential to promoting professional, transparent, and accountable governance in Indonesia.
Humans are social beings whose interactions often generate conflicts arising from differing interests. Dispute resolution may be pursued through litigation or non-litigation mechanisms, including mediation. This study examines village-level mediation conducted by Kepala Desa (village head), which is rooted in local wisdom and community practices, and mandated by Law Number 6 of 2014 concerning Villages, Article 26 paragraph (4), requiring Kepala Desa to resolve community disputes. The findings indicate that mediator certification is urgently needed to enhance the effectiveness of Kepala Desa in dispute resolution and to improve efficiency in terms of cost, time, and access to justice. Although mediation outcomes are binding and have evidentiary value for the parties, they do not possess Permanent legal force equivalent to a final court decision unless elevated to a peace deed (akta perdamaian).
The policing of protests in Indonesia and Nepal, revealing systemic patterns of excessive force, arbitrary detention, and the criminalization of political expression. In Indonesia, the August 25–29, 2025 protests involved structured abuse of authority, including physical persecution, deprivation of liberty without adherence to Criminal Procedure Code protocols, and obstruction of legal counsel. In Nepal, 2025 protests saw the use of live ammunition, torture, and other severe measures violating the right to freedom of assembly under the 2015 Constitution. Both cases highlight legal deficiencies: Indonesia relies on general penal provisions without specialized instruments for state violations, while Nepal, despite criminalizing torture under Section 167 of the National Penal Code 2017, struggles with politically influenced implementation. Acts of violence and procedural abuse meet the criteria of unlawful acts, abuse of authority, and human rights violations under national and international law, including ICCPR and anti-torture standards. The failure to prosecute security personnel entrenches impunity. Findings indicate that strengthening accountability mechanisms, prosecuting officers when offenses are established, reforming security governance, and instituting independent investigative bodies are essential to protect constitutional rights and prevent recurrent state violence during protests.
Examines childless marriage in Indonesian law through a maqāṣid al-sharī‘ah [objectives of Islamic law] perspective, with particular attention to the interpretation of ḥifẓ al-nasl [protection of lineage]. It analyzes how Indonesian positive law and Islamic legal objectives conceptualize reproduction, lineage, and family obligations in the context of contemporary childlessness. Using a normative-juridical and conceptual approach, the study examines Indonesian marriage regulations, especially Law No. 1 of 1974 as amended by Law No. 16 of 2019, alongside classical and contemporary maqāṣid literature. The findings show that Indonesian positive law does not explicitly prohibit childless marriage, but implicitly regulates reproductive responsibility through norms concerning the purposes of marriage and family welfare. From a maqāṣid perspective, ḥifẓ al-nasl is not limited to an obligation to have children, but functions as a broader principle of preserving legitimate lineage and social continuity, allowing interpretive space for circumstances such as health, psychological, and socio-economic factors. This study argues that childless marriage constitutes a dynamic normative issue rather than a dichotomous conflict between Islamic law and state law, and contributes a nuanced maqāṣid-based framework for understanding childlessness within Indonesian family law and contemporary legal discourse.
Halal certification and trademark registration are key legal instruments for strengthening consumer trust in Muslim-majority markets such as Indonesia. For micro-enterprises, they function not only as regulatory compliance mechanisms but also as strategic tools for brand differentiation and market expansion. This study examines the legal frameworks governing halal certification under Law No. 33 of 2014 on Halal Product Assurance and trademark protection under Law No. 20 of 2016 on Marks and Geographical Indications, using a normative juridical approach complemented by qualitative interviews with selected micro-entrepreneurs. The findings show that integrating halal certification and trademark registration generates dual consumer trust based on religious assurance and brand authenticity. However, bureaucratic complexity, limited legal literacy, and cost barriers constrain adoption. The study therefore recommends streamlining procedures, strengthening outreach, and providing targeted financial support to promote broader compliance, consumer protection, and inclusive economic growth.
This article analyzes the challenges to achieving digital human rights equality for people with disabilities in Indonesia and evaluates the role of assistive technologies in addressing these issues. Digital human rights are recognized under international law and affirmed by the Indonesian Constitution, which obligates the state to protect and fulfill these rights. Using a normative juridical method based on secondary data and deductive analysis, the research identifies major obstacles, including limited inclusive digital platforms, discrimination, insufficient data on disability populations and needs, restricted access to information, and ongoing rights violations. The findings show that assistive technologies, such as KIAD, Hear Me, DIGI-EDVOT, TeDi, Dif-able, and I-CHAT, significantly enhance digital accessibility for individuals with physical and sensory disabilities. The research recommends that government policies be expanded to provide assistive technologies for people with mental and intellectual disabilities to reduce existing disparities and strengthen digital inclusivity.
The rapid growth of Islamic banking in Indonesia has not been matched by an adequate consumer protection framework, particularly in resolving disputes between customers and Islamic banking institutions. Law No. 8 of 1999 on Consumer Protection remains general and does not accommodate the specific characteristics of Islamic economic law, creating normative inconsistencies and ambiguity in dispute resolution. This study uses a normative legal approach to analyze legislation, DSN-MUI fatwas, and court decisions, and finds a regulatory gap rooted in contractual justice and maqashid syariah principles. This gap risks disadvantaging consumers, especially regarding transparency, the prohibition of usury, and protection from harmful practices such as gharar and maysir. The study concludes that reconstructing consumer protection law to incorporate Sharia-based norms and clearer dispute resolution mechanisms is essential for realizing a fair and sustainable Islamic banking system in Indonesia.
The Syrian crisis, which began in 2011 and continues to influence global politics, offers a key case for examining American power. This article explores the ideological and discursive foundations of U.S. involvement, situating it within American Exceptionalism and analyzing it through a Foucauldian framework. The study combines a normative legal approach with critical discourse analysis, drawing on primary sources such as the UN Charter, Security Council resolutions, and U.S. policy documents, along with secondary literature and think-tank reports. Findings show that U.S. intervention is framed through narratives of democracy promotion, humanitarian protection, and global security, which serve to legitimize action. Using Foucault’s concepts of power/knowledge, governmentality, and biopolitics, the study demonstrates that the U.S. not only exercises military force but also shapes global perceptions and constructs regimes of truth. From a transnational legal perspective, these actions reveal tensions between sovereignty and humanitarian imperatives and highlight gaps and asymmetries in international law. The article is novel in integrating ideology, sovereignty, and human rights to show how U.S. actions in Syria reshape the interpretation and application of international law.
The perfume industry relies heavily on innovation and unique formulations, yet in Indonesia many micro and small businesses sell inexpensive refill perfumes that imitate well-known scents, raising concerns about trade secret infringement. This study assesses the effectiveness of legal protections for perfume formulations in Indonesia, South Korea, and France through a juridical-normative, comparative, and case study approach. The findings show that Indonesia’s protections under its Trade Secret, Trademark, and Patent laws remain weak due to limited enforcement and low awareness, while South Korea’s Unfair Competition Prevention and Trade Secret Protection Act and France’s implementation of Directive (EU) 2016/943 provide stronger mechanisms for safeguarding business secrets. The study offers a comparative framework that can guide the development of a more effective trade secret regime for perfume formulations in Indonesia.
This article examines the problem of authority in the execution of Religious Court decisions in Indonesia and its impact on the effectiveness of Islamic law. Although Religious Courts are authorized to adjudicate family and sharia economic cases, enforcement still relies on District Courts, creating dissonance between legal norms and practice. Using a juridical-sociological qualitative approach with literature studies and interviews with two judges, one clerk, and two execution applicants, the study identifies three root problems: the absence of direct execution authority, weak cross-agency coordination, and the lack of standard operational procedures. These weaknesses disproportionately affect women and children, leaving many rulings unenforced. The article recommends regulatory reform and institutional strengthening of Religious Courts, drawing comparative insights from Malaysia and Pakistan, where religious courts have clearer enforcement mechanisms.
This article critically explores the potential of environmental use rights as a legal mechanism to advance a more inclusive and sustainable Environmental, Social, and Governance (ESG) framework. Traditionally limited to physical access or utility purposes, use rights have yet to realize their ecological and social functions within environmental governance. Using a normative legal and conceptual approach, this study argues that environmental use rights can enhance landowner accountability for ecological integrity while institutionalizing ESG principles of stewardship, transparency, and responsibility. Positioned as a hybrid construct between private property rights and public environmental interests, these rights offer a transformative legal pathway toward ecological justice and participatory land governance. Recognizing their normative and ecological value can empower communities to monitor land use, mitigate spatial conflicts, and embed environmental considerations into ESG assessment structures.
The principle of judicial passivity is a fundamental tenet in Indonesian civil procedural law; however, judges are not passive throughout all trial stages and may adopt an active role at times. Similarly, judges in religious courts—judicial bodies under the Supreme Court—have begun to apply the principle of active judging. This raises the question of whether such judicial activism conflicts with civil procedural regulations in Indonesia. This paper examines the implementation of the Dominus Litis principle (active judge) within Religious Courts by analyzing various judicial decisions and considerations. Employing a qualitative juridical descriptive approach, the research finds that panels of judges in Religious Courts actively apply the Dominus Litis principle during conciliation, evidence assessment, legal counseling, and the mobile court program.
The absence of specific regulations governing the cancellation of child adoption in Indonesia has created a legal vacuum that undermines the principle of the best interests of the child. This study aims to develop an ideal legal framework for adoption cancellation to prevent practices contrary to child protection principles. Using a doctrinal approach and a comparative analysis with the Philippine legal system, the research emphasizes the urgency of establishing clear regulations that prioritize the child’s welfare in every judicial decision. The proposed reform integrates Law No. 23 of 2004 on the Elimination of Domestic Violence (UUPKDRT) and Government Regulation No. 54 of 2007 on the Implementation of Child Adoption to provide a comprehensive legal basis. Strengthening these instruments would ensure that violence by adoptive parents constitutes valid grounds for cancellation while safeguarding the child’s rights to continuous care, protection, and development before and after annulment.
The phenomenon of mosque dowry in Indonesian celebrity marriages, with the aim of exploring its validity according to Islamic family law. Dowry, as an essential component in marriage and a symbol of appreciation, has evolved in form, giving rise to mosque dowry, which raises significant questions regarding its legal status. This study uses a case study method with data sources from Islamic scholars' books, interviews with experts, and social media; this study found that mosques must have waqf status, making them unable to be traded, donated, or inherited. This finding is consistent with the legal principle of dowry agreed upon by most scholars of the four schools of thought, namely that the dowry must be in the form of objects that can be traded. Therefore, the mosque dowry is declared invalid. This conclusion is also in line with the opinion of the Chairman of the Fatwa Commission of the Indonesian Ulema Council of East Java, who emphasized the invalidity of the mosque dowry so that the consequence is the obligation to pay a mitsli dowry. However, the marriage remains valid because scholars argue that the dowry is not a condition or pillar of marriage. This study provides critical insight into the implementation of waqf law and Islamic family law in the context of contemporary marriage practices in Indonesia.
The ethical challenges nurses face when patients refuse treatment—a legally protected right often complicated by normative, ethical, and social factors. It investigates how nurses reconcile respect for patient autonomy with their psycholegal responsibilities under Indonesian law. Using a normative juridical approach and thematic analysis of relevant documents, the research uniquely applies human rights theory to nursing decision-making in treatment refusal cases an underexplored perspective in Indonesian health law. Findings confirm that Article 276 of Law No. 17 of 2023, alongside international human rights frameworks and Islamic law, safeguards patients’ right to refuse treatment. When refusal is informed and voluntary, healthcare providers are legally protected. The research concludes that nurses must support patient autonomy through therapeutic communication, psycholegal awareness, and meticulous documentation.
The current international trade law tends to promote competition rather than cooperation, often leading to conflicts between parties to the agreement. The general principles underlying the agreement between parties in international trade law can be related to Islamic economic principles. The GATT and WTO treaties aim to regulate all sectors of global trade as they evolve, encompassing significant developments in international trade, particularly trade among countries with a Muslim majority population. Essentially, Islamic Agreement Law adheres to the principle of freedom of contract, as outlined in the provisions of the Lex Mercatoria and the Civil Code. Thus, the role of individuals in the agreement becomes crucial to understanding the value of the principle of freedom of contract, which is closely related to the principle of party consent. This article offers explanations and solutions to address the primary issues in current international trade agreement practices, grounded in the principles of Islamic Economics. The analytical study will use normative juridical methods and Islamic law. The concept of Islamic Economics is overly concerned with the balanced protection of the parties. In its strategic position, Islamic economic principles can be applied in international trade cooperation relations not only in countries where most of the population is Muslim, but also in Muslim minority countries.
Political parties play a strategic role in democratic governance, serving as key instruments in fostering democracy. However, a decline in public trust has emerged due to the perception that political parties prioritize power politics over their educational function, reducing them to mere tools of political control. This study employs legislative, conceptual, and comparative approaches to develop a framework for strengthening the role of political parties, particularly in enhancing political education as a prerequisite for democracy. It examines two key issues: whether the current regulation of political party functions aligns with Indonesia’s democratic development model and how these functions can be reinforced to promote public political education. The findings indicate that the existing political party law has not effectively facilitated political education, failing to enhance civic awareness and responsibility in accordance with Indonesia’s democratic principles. To address this, the legal framework governing political parties must institutionalize political education and ensure that ethical and moral values serve as guiding principles in decision-making processes.
The Pentahelix approach is essential for enhancing access to and the quality of public services for vulnerable groups in Desa Karduluk, Sumenep. By fostering collaboration among government, academia, businesses, communities, and media, this model aims to create fairer, more effective, and sustainable services. This study employs a juridical-empirical method to assess the implementation of the Pentahelix approach in developing an inclusive village. The findings highlight its potential but also reveal challenges, including the absence of village-level regulations and limited private sector involvement. Academia, particularly IAIN Madura, has contributed through Tri dharma activities, albeit on a limited scale. Local businesses play a minor role, requiring training and market access support. Community groups, such as Parjughe and Pemuda Peduli, demonstrate concern for vulnerable populations but have not specifically addressed disability issues. While local media like kimpragaan.com have been active, broader media engagement remains limited.
Cryptocurrency, or crypto assets, are virtual commodities emerging from technological advancements in commodity futures trading. To strengthen regulatory frameworks, it is essential to examine their characteristics as property, particularly their eligibility for property rights and use as collateral. This normative legal study employs a dogmatic approach, utilizing secondary data analyzed qualitatively. The findings indicate that crypto assets constitute intangible movable property with economic value, fulfilling property criteria in both Islamic and civil law. As such, property and ownership rights can be attached to crypto assets, allowing them to serve as collateral akin to shares. In cases of debtor default, execution through the sale of pledged crypto assets on an exchange is legally feasible.
