The parameters for legal certainty regarding foreign direct investment are the primary topic of this research, which will be discussed further in this article. What differentiates this research from previous studies is how to identify critical gaps regarding the lack of clear parameters for measuring legal certainty in various national projects involving foreign investors. Therefore, this research formulates the main question: how to ensure legal certainty regarding suspected foreign direct investment in the new capital city (IKN) so that systematic measurement and evaluation can be conducted. In this case, the research uses a normative juridical method, accompanied by a comparative study, examining how norms related to foreign direct investment in Indonesia compare with international regulatory standards, examining indicators such as transparency, regulatory stability, and the mechanisms used to resolve institutional disputes. The comparative analysis is drawn from countries that have successfully implemented FDI policies, particularly for large-scale infrastructure development. The results of the study show that although formally Indonesia has ratified a policy that aims to provide legal certainty, there are discrepancies in its implementation due to obstacles related to the threat of the recent economic recession, as well as the continued number of customary land disputes which have given rise to doubts about foreign investment in providing direct capital.
The self-assessment system is a key pillar of global tax reform that gives taxpayers full confidence to calculate, pay, and report their taxes independently. Although this trust-based system has been implemented in Indonesia since 1983, previous legal studies have been trapped in normative analysis of regulations and often ignore the asymmetry of empirical compliance and the dynamics of administrative digitalisation in mitigating the moral hazard of taxpayers. This study aims to comprehensively examine the legal basis for the implementation of the self-assessment system in Indonesia and analyse the structural obstacles and tactical efforts of the government in optimising taxpayers' legal compliance through a juridical-normative approach. The findings of the study show that normatively, the available legal framework has been aligned with the principles of legal certainty and accountability; however, its effectiveness is empirically hampered by low tax literacy and limited supervision. The novelty of this research proves that the integration of the modernisation of tax technology (digitalisation) and strengthening of administrative law enforcement is the most crucial hybrid instrument to close the loopholes of the weaknesses of the conventional system. Theoretically, the study enriches the tax law literature on the concept of voluntary compliance in the digital age, while practically providing concrete recommendations for fiscal authorities in designing responsive supervisory policies and risk-segmentation-based education programs
Business competition is an important element in the modern market economic system in Indonesia, functioning to achieve efficiency and innovation, as well as increase social welfare. However, the competition dynamics do not always operate in an ideal manner. Various market distortions, such as monopolies, cartels, tender control, and the abuse of dominant positions, still often happen, hindering the creation of an efficient market. The problem formulations of this paper are: (1) What are the basic characteristics of the business competition legal procedures? (2) How are they implemented? This research strives to answer basic questions on the characteristics and implementation of business competition legal procedures as applied by the Business Competition Supervisory Commission. This research utilized the normative-juridical research method with a focus on the study of positive legal norms, especially those which are applied by the Business Competition Supervisory Commission. The procedural law carried out by this commission has its own unique characteristics, which are sui generis, meaning that they do not fully follow the patterns of criminal and civil legal procedures. The Business Competition Supervisory Commission combines the legal and economic approaches to assess an action as a violation of business competition principles. Thus, the evidencing process not only focuses on the formal law aspect but also considers market dynamics, industrial structure, and economic impacts towards business actors and consumers. The application of the procedural law by the Business Competition Supervisory Commission shows a systematic process, starting from the investigation, initial examination, and up to the further examination processes. This process is rather effective in disclosing violation patterns, such as cartels, tender control, and the abuse of dominant positions. The Business Competition Supervisory Commission’s decisions in various cases shows this commission’s capability to comprehensively assess anti-competition behavior through profound economic analysis.
This study analyzes the legal-political dynamics underlying the amendments to the State-Owned Enterprises (SOE) Law through Law No. 1 of 2025 and Law No. 16 of 2025, as well as their implications for SOE restructuring. This regulatory transformation is not merely an update of norms or a change in nomenclature but reflects the state’s strategic choices in shaping the role, policy direction, and relationship between public power, market mechanisms, and the public interest. The study’s findings indicate that the concentration of authority within Danantara enhances operational efficiency and investment coordination, yet also poses serious risks to democratic accountability, transparency, and checks-and-balances mechanisms. The relatively closed institutional design and reduced legislative oversight open the door to the potential for elite capture, moral hazard, and the marginalization of public control. This shift marks a redefinition of the constitutional role of SOEs, which were originally state instruments to control vital production sectors but are now adapting to corporate investment logic and strategies. This study makes an important contribution to understanding the implications of the formation of a superholding company on SOE governance, including the distribution of authority, the effectiveness of oversight, and the sustainability of the constitutional mandate. Thus, this study is not only academically relevant but also strategically important in ensuring that the transformation of SOEs remains within the framework of the law, democracy, and the public interest.
This manuscript examines the phenomenon of money politics in the General Election (Pemilu) contestation in Indonesia. Money politics is not only a technical problem in elections but has become a clinical pathology as a form of co-optation of people's sovereignty by capital owners and political elites. Thus, money politics negates the meaning of elections as a means of democracy instead turning it into an arena for the circulation of power by a handful of groups without substantial ideas and programs. Seeing this phenomenon, this manuscript uses a socio-legal research method to coherently see between the Law normatively and the sociological facts of the occurrence of money politics in society. With a comparative causal approach and a normative approach, the manuscript is expected to provide a comprehensive explanation and specific findings to recommend regulatory updates and real impacts on the academic world, especially law and society. A brief conclusion in the manuscript shows that money politics is one of the structural problems in society and the lack of effectiveness in regulations, especially legal rules on elections, proves that gradual changes in election regulations are needed from the previous one involving 3 (three) institutions; The KPU, Bawaslu, and DKPP as well as the independent KAP institution for audit work of a compliance nature in regional elections, have led to the involvement of the BPK RI as an examination institution to expand its authority to audit work of an investigative and evaluative nature.
: The regulations concerning BPI Danantara need to be reviewed because there are several provisions that have the potential to be inconsistent with laws and regulations in the areas of finance, state administration, and criminal acts of corruption. This study analyzes the provisions regarding Danantara's financial position so that the losses incurred by Danantara can be formulated in relation to the shift in the interpretation of separated state assets and the separation of responsibility for losses incurred by Danantara's managers, which makes the regulations governing Danantara potentially lacking in accountability and inconsistent with Indonesia's commitment to eradicating corruption. This research was conducted using a normative approach by analyzing several regulations combined with relevant theories to obtain the result that Danantara as a sovereign wealth fund is regulated with the aim of being flexible in implementing corporate principles, but Danantara cannot be denied its mandate regarding the welfare of the wider community. Thus, to ensure transparency, there needs to be a massive supervisory mechanism and a commitment from managers and the government to implement principles in SWF management, such as the Santiago Principles and Good Governance Corporate, to realize investment management that is full of transparency and accountability.
This research analyzes the urgency of strengthening the General Principles of Good Governance (AUPB) in the context of health administrative law enforcement in Indonesia. The transformation of AUPB from unwritten norms to positive legal norms, as outlined in Law Number 30 of 2014 concerning Government Administration, presents strategic opportunities to strengthen national health governance. Through a normative juridical approach with descriptive analytical methods, this study examines the implementation of AUPB in the health sector, which has special characteristics as a vital public service. The research results show that, although AUPB has a strong legal foundation, its implementation in health administration still faces various structural and cultural challenges, including regulatory fragmentation among agencies, weak coordination in a decentralized health system, bureaucratic cultural resistance to transparency, and limited human resources and technological capacity. This research finds that strengthening AUPB is crucial to enhancing the quality of healthcare services, safeguarding citizens' constitutional rights to health, and building a resilient health system to address global challenges, such as pandemics. Research recommendations include comprehensive regulatory reform, integration of AUPB into health facility accreditation systems, capacity development of officials through continuing education, the utilization of digital technology for transparency, and the establishment of effective multi-stakeholder supervision mechanisms.
Patents as collateral are regulated under Law No. 13 of 2016 concerning Patents. Article 108, paragraph (1) states that patent rights may be used as fiduciary security, while paragraph (2) suggests that government regulations shall regulate further provisions. Article 108 paragraph (2) was later amended by Law No. 65 of 2024, the Third Amendment to Law No. 13 of 2016, stipulating that the requirements and procedures for submitting patent rights as fiduciary security shall be carried out according to the prevailing laws and regulations on fiduciary guarantees. However, the laws and regulations governing fiduciary guarantees are not comprehensive in addressing patents as collateral, and challenges remain related to the intangible nature and characteristics of patents as security objects. This legal research seeks to identify relevant legal norms, principles, and doctrines to address this issue. The study adopts statutory, conceptual, and comparative approaches to resolve the problems related to the regulation of patents as fiduciary security objects. From the analysis of existing regulations and a review of how other countries regulate patents as security, this research concluded that the regulation of patents as collateral needs to be further developed. Additionally, a dedicated institution is necessary to handle patents specifically as collateral.
Sustainable health insurance participation in Indonesia is still far from expectations, considering the lack of massive participation, the amount of financial assistance for non-paying participants, and conflicts that occur related to social security. The purpose of this study is to identify and analyse health insurance regulations in Southeast Asia countries, as an effort to formulate sustainable health insurance membership provisions in Indonesia. The method used is a statutory approach and a comparative approach. The results show that in principle, the regulation of health insurance membership in Indonesia is not much different from Southeast countries such as Malaysia, Singapore, Vietnam and Thailand. However, Indonesia needs to adopt some aspects of health insurance regulations in these countries such as adopting child allowances for the poor to support the growth and development of newborn children up to toddler age, as in Thailand and Indonesia. Furthermore, Indonesia needs to increase employer contributions to ensure sustainability, as has been done in Vietnam. Finally, it needs to implement dispute resolution processes through mediation, as has been done in Vietnam, and integrate technology into the judicial system to speed up litigation processes and reduce costs, as has been done in Singapore.
This study aims to analyze licensing assistance strategies for MSMEs in Bima City as an effort to promote legality and business growth, while also identifying the obstacles faced by MSMEs in obtaining permits. The research method used is empirical legal research with a sociological approach, legislative approach, and comparative approach utilizing primary data through interviews and observations of MSMEs as well as secondary data in the form of laws and regulations and related literature. The results show that the majority of MSMEs in Bima City do not have a Business Identification Number or other business permits due to a lack of understanding of procedures, perceptions of high costs, limited digital literacy, and minimal technical assistance. Effective assistance strategies identified include the establishment of an MSME Licensing Clinic, a licensing fee subsidy program, mobile socialization of "MSMEs Go Legal", partnerships with universities, and providing access to financing. The novelty of this study lies in the proposed holistic, community-based and cross-agency assistance model that combines technical assistance, education on the benefits of legality, and inclusive use of digital infrastructure. This model not only helps accelerate permit issuance, but also opens MSMEs access to markets, financing, and empowerment programs, thereby contributing to sustainable regional economic growth. Keywords: licensing assistance; business licensing; MSMEs; business growth, bima city.
This study aims to examine the implementation of Article 1365 of the Civil Code on unlawful acts based on cases of name impersonation in online loans. It also aims to compare the legal system or legal protection efforts for name impersonation victims in Indonesia and Singapore. This paper employed the normative legal method using a library approach. Laws were used as a measuring tool for a person's legal protection policy in name impersonation. The results of the study show that first, Article 1365 of the Civil Code states that the act of impersonation is classified as an unlawful act. Second, the provision of legal protection for victims of name impersonation in Indonesia is carried out with protection based on applicable laws together with the Financial Services Authority. In dealing with the occurrence of name impersonation, the Singaporean government enacted the Personal Data Protection Act 2012 (PDPA) and this law is implemented by the Singapore Personal Data Protection Commission (PDPC). The conditions in these two countries can be used as a comparison of the form of protection for identity impersonation victims.
This paper attempts to advance the way transnational crimes are prosecuted under international laws through discoverability of AI that seeks to redefine accountability in the digitized word and age. Thus, our research contributes new knowledge by studying the applicability of advanced AI technologies to international criminal law. The paper offers new ideas of applying machine learning techniques into the recognition of evidence, evaluation of cases, and making decisions within the international tribunal’s context, thus introducing the concept of technology-enhanced international legal processes. The approach to the study is multi-disciplinary and uses doctrinal research with an undercurrent of comparative analysis and qualitative case studies. In this paper, we embark on a witnessed study of the previous usage of AI in domestic legal systems and infer the possibilities for its use in international criminal prosecution. This paper’s results show that AI can contribute hugely to improving the effectiveness and outcomes of prosecuting transnational crimes with regard to practices in identifying evidence, patterns, and criminal organizations. This research has important implications for international criminal justice, approximating that there is the need for the change of the paradigm in managing accountability for international crimes. It provides opportunities for the subsequent research on the integration of AI and human decision-making processes concerning the law and urges for the creation of ethical frameworks of AI operations in international law.
This study aims to analyze contracted policies from a welfare perspective, focusing on a case study of additional income provisions for outsourced workers at the Constitutional Court before and after the enactment of Constitutional Court Decision No. 27/PUU-IX/2011. The research adopts a normative-empirical legal approach, combining doctrinal analysis of applicable regulations with an empirical examination of the policy's impact in practice. The findings indicate that the contracted policy on additional income for outsourced workers has positively impacted their legal protection and welfare. Before the Constitutional Court’s decision, outsourced workers faced legal uncertainty regarding their rights, particularly concerning income and labor protection. With the implementation of this policy, improvements were observed in legal certainty, recognition of outsourced workers’ rights, and their economic well-being. Furthermore, this policy has contributed to fostering a fairer and more harmonious working relationship between outsourced workers and the institution employing them.
The implementation of the kawin tangkap tradition, which in the process contains elements of violence, harassment and the presence of one-party tendencies on the part of the perpetrators of this act, makes the concept of this tradition interesting to study in understanding tradition (‘urf) and the TPKS Law. This study discusses, first, the concept of tradition in the custom of kawin tangkap in perspective tradition (‘urf), secondly, the conception of the kawin tangkap tradition in the review of the TPKS Law. This research study is normative research, with descriptive discussion. The discussion of this research reveals the tradition that is the motive for the legal act of kawin tangkap, as long as it still does not respect the principle of women's consent in the process of carrying out marriage and violates the concept of protecting the soul and honor of women, then this legal act is 'urf fasidah. Likewise, the traditional motive for the act of kawin tangkap which results in harassment, violence and does not heed the principle of women's consent in the traditional process can be punished in accordance with Article 10 paragraph (1) of the TPKS Law
The construction of the Rowo Jombor Reservoir Dam in Klaten Regency, although it offers economic benefits, presents major challenges related to efforts to reduce ecological and social impacts. This study has two goals, to analyze the effect that occurs, evaluate the effectiveness of mitigation norms that have been implemented, and compare them with Islamic law and customary law. This study uses the Case Approach and Comparative Approach, focusing on socio-legal methods. In-depth interviews with various stakeholders, including affected communities, and direct observation on the ground are conducted to complete the data requirements. The results show that this project has several socio-ecological impacts, such as changes in river flow patterns, decreased water quality, and habitat destruction. Social impacts include the relocation of residents, conflicts due to evictions, and changes in people’s livelihoods. Indeed, Environmental Impact Analysis (Analisis Mengenai Dampak Lingkungan/AMDAL) is an important tool for identifying and mitigating adverse impacts. However, its success depends heavily on consistent implementation and enforcement. In addition, public participation in the AMDAL process needs to be increased. This study emphasizes the importance of expanding the capacity and commitment of all parties, including indigenous people, religious leaders, stakeholders, and the government. The role of Islamic community organizations such as Muhammadiyah also takes part in environmental management. The spirit of the Muhammadiyah Movement in managing the environment of the Rowo Jombor Reservoir is in line with the principle of Maqashid Shariah for the survival of the people. The suggestion for the government is to establish a framework for ecological and social mitigation policies based on local wisdom, and better supervision and law enforcement to ensure sustainable and equitable reservoir construction.
This study examines waste management practices in Bantul Regency, Special Region of Yogyakarta, focusing on two key research questions: First, what is the role of the Bantul Regency Government in waste management according to Regional Regulation No. 2 of 2019 on Household and Household-like Waste Management? Second, what are the supporting and hindering factors affecting the Bantul Regency Government's role in waste management? This empirical legal research involves interviews with the Bantul Environmental Agency and the Yogyakarta chapter of the Indonesian Forum for the Environment (Wahana Lingkungan Hidup/WALHI) as primary legal sources. Additionally, this study uses secondary legal sources, including relevant statutes, books, journal articles, and other related works. Findings reveal that Bantul Regency has implemented the local regulation on waste management, but several challenges persist, notably the closure of the Piyungan Landfill, the limited scope of mitigation planning for this closure, and budget constraints concerning waste transfer tariffs for cross-regional transportation. Consequently, the study concludes with several recommendations to improve waste management in Bantul: the Yogyakarta Provincial Government should establish a clear mitigation plan for the Piyungan Landfill closure, enable the independent decentralization of waste transfer budget allocations by Bantul Regency, and apply a precautionary principle in managing waste in the region.
This article explores the role of a prosecutor in realizing restorative justice in Indonesia. This research employs a socio-legal method, focusing on how legal certainty, legal order, justice, and truth can be achieved by upholding human values, religious norms, politeness, and decency. The Attorney General of the Republic of Indonesia has established, among others, the prosecutorial function and authority to promote restorative justice in terminating prosecutions in Indonesia based on Prosecutor's Regulation of Indonesia (PERJA RI) Number 15 of 2020 concerning Termination of Prosecutions Based on Restorative Justice. With the amendment of PERJA RI, it is hoped that the public prosecutor in handling criminal cases will act more humanely and conscientiously, prioritizing restorative justice, which aims at restoration to protect the lives of victims and people who commit criminal acts on the grounds of humanity and justice in society instead of focusing on retaliation against perpetrators. As the state institution responsible for prosecutions, the prosecutor's office strives to uphold legal certainty, truth, and justice in line with legal principles while respecting humanity, morality, decency, and religious values.
This study aims to reconceptualize the dispute resolution model for Pilkades, which has traditionally been handled by regents/mayors (Bupati/Walikota), a mechanism criticized for being prone to political interference and lacking principles of justice and independence. The election of village heads (Pilkades) represents a form of local democracy, reflecting community participation in village governance. However, its implementation is often marred by disputes over election results, leading to social tensions and conflicts. Using normative and empirical legal approaches, this research analyzes the weaknesses in the existing dispute resolution procedures and proposes an alternative model that is fairer and more transparent. The findings reveal that entrusting dispute resolution authority to regents/mayors poses significant challenges, such as political bias, unclear legal mechanisms, and insufficient community involvement. Therefore, an independent and neutral institution is required to handle Pilkades disputes by emphasizing the principles of justice and transparency. This study recommends the establishment of a special body through regional regulations to manage dispute resolution independently, involving community elements and utilizing digital technology to enhance process transparency. By reconstructing the Pilkades dispute resolution model based on the principles of justice, transparency, and independence, this approach is expected to strengthen village democracy and prevent prolonged conflicts.
This article aimed to discuss the similarities and differences between Majelis Ulama Indonesia (MUI) and Darul Ifta in Egypt (or Darul Ifta Mesir/DIM), especially from a legal perspective. Both institutions were Islamic organization, a place that Ulama from different perspective or mazhab (legal thought) take a part in issuing fatwa for their country. This article employs the normative juridical method with comparative studies. As a result, MUI cannot be converted into Darul Ifta. MUI with Darul Ifta has reached an advanced stage. The number of experts serving on the MUI fatwa committee is similarly limited. For example, until today, the MUI has only issued hundreds of fatwas, although Darul Ifta receives over 3500 - 4000 incoming fatwas per day. Mustafti or correspondents requesting Darul Ifta fatwas are not confined to local locals but also include outsiders. Members of the Fatwa Commission are indirectly, personally, and scientifically accountable for providing one-by-one responses to the fatwa requested by the correspondent after consulting Islamic legal sources and researching the social context in which the fatwa takes place.
This research aims to find out how to analyze legal protection for workers against direct termination of employment by employers. The research method used in this research was the normative juridical research method, which used a statutory approach and conceptual approach in assessing legal protection for workers against direct termination of employment by employers. The results of this study conclude that the provisions of Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 do not provide preventive legal protection for workers because they do not provide an opportunity for workers to give their opinions before layoffs are carried out and the provisions of Article 52 Paragraphs (2) and (3) do not prevent layoffs. Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 conflict with Article 52. 35 Year 2021 conflict with Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, contradicts the consideration letters c and d of the Manpower Law, contradicts Article 4 letters c and d of the Manpower Law, and contradicts the general explanation of the Manpower Law, the actions categorized as urgent violations in the article are criminal acts, but the article does not regulate the requirement that this urgent violation be proven first through a court decision with permanent legal force so that it has also violated the principle of presumption of innocence.
