Digital technology has, over time, shaped all sectors virtually within the global terrain. One of these sectors that has had its fair share is the economic sector, most especially trading within the global community. Digital economic trade is considered a major driver of regional cooperation and integration in the East African Community (EAC). However, to solidify and address the uniformity of digital trade in EAC, several regional laws have been adopted. Despite these laws, there seem to exist several legal and socio-economic challenges. Hence, it is in view of this that this study seeks to examine the EAC laws on digital trade, prospects and challenges. The study adopts a doctrinal method guided by the PRISMA Guide in obtaining and screening data from primary and secondary research materials. Hence, 8 laws, 8 books, 35 articles, 12 theses/dissertations and 10 reports were relied on, respectively. The data obtained were analyzed through descriptive and analytical methods. The study found that digital trade in EAC provides a lot of potential for ease of trading, and the current EAC laws support a unified digital market. However, the study further identifies that the laws are not comprehensive enough to address current digital technology challenges as they exist in soft law. Also, limited enforcement and unequal digital infrastructure could result in a major barrier. The study concludes that to address these challenges, there is a need for incorporating provisions within the laws that will address the gaps, identify, support and strengthen institutional enforcement capacity and cooperation towards lending support as it concerns digital infrastructure among member states.
The increasing divorce rate annually is a shared concern. This is occurring in all countries, including Indonesia. The leading cause of divorce in Indonesia is financial reasons, which create disharmony within families. This urges couples to better manage their family finances, and one way of doing this is through drafting a pre-nuptial or post-nuptial agreement. This article analyzes the development of marriage contracts in Indonesia based on the theory of legal certainty. Based on the theory of legal protection, marriage contracts have been evaluated as an instrument for maintaining family resilience and well-being. The research method used was normative legal research based on secondary data in the form of primary and secondary legal materials. The analysis technique used qualitative methods. The results of the research indicate that the legal institution of marriage agreements in Indonesia has undergone remarkable development in realizing legal certainty at the normative level. However, at the factual level, particularly regarding the parties’ implementation of the marriage agreements, it remains weak. The aforementioned development from the normative side allows marriage agreements to become highly flexible, thereby holding great potential as a shield for family resilience and well-being to avoid divorce. Vigilance is necessary to ensure that marriage agreements do not become instruments of legal smuggling.
In this study, the application of restorative justice in the handling of cyberbullying cases against children in Indonesia is aimed to be analyzed through a victimization perspective, and global lessons by which legal protection and victim recovery are strengthened are examined. The method that is used is normative legal research with a descriptive-analytical approach, through a legislative, conceptual, and comparative analysis of international practices in Finland, New Zealand, and Australia. It is shown by the results of the study that Indonesia’s legal system, which is still retributive, is not optimal in the protection and rehabilitation of children victims of cyberbullying, so that secondary victimization is potentially caused. A normative basis is provided by the restorative justice approach in the SPPA Law, but the characteristics of cyberbullying such as anonymity and permanent digital footprints have not been specifically addressed by its implementation, and it has not been fully oriented towards victim recovery. It is revealed by comparative studies that victim-centered justice models with mechanisms such as restorative dialogue, group conferences, and integrated psychosocial support are effective, so that victims are recovered and accountability is demanded from perpetrators. It is concluded by this study that a victimology-based restorative justice approach by which global learning is integrated needs to be reconstructed, through the development of specific operational guidelines, the strengthening of the capacity of the apparatus, and the building of multi-sectoral collaboration, so that a more humane handling model, by which victim recovery is focused on and which is in accordance with the Indonesian legal context, is created.
Artificial intelligence (AI) in construction arbitration can enhance efficiency, lower costs and speed up dispute resolution. But this integration creates a fundamental legal tension between the “black-box” nature of AI systems and the statutory duty of arbitrators to provide human-reason awards. The study adopts a doctrinal legal research methodology to compare the regulatory readiness of the two jurisdictions for AI in construction arbitration, addressing a unique gap in the existing literature concerning emerging Asian economies like India and Malaysia. In Malaysia, interim statutory adjudication and commercial arbitration are clearly differentiated by their comparative parameters. The paper distinguishes between administrative AI tools and algorithms for decision-making and addresses major legal risks, including potential violations of due process, the ‘equality of arms’ and cross-border data protection limitations within the framework of Malaysian and Indian legal systems. Finally, the article synthesises comparative global practices from the EU, US and China to suggest a “Hybrid Governance Model”. This model balances soft-law institutional guidelines against hard-law statutory amendments in a systematic manner to safely embed AI into construction dispute resolution, all while rigorously safeguarding procedural fairness and arbitral enforceability.
In the 21st century, technological developments have brought about significant changes to all aspects of human life in all sectors without exception. In recent years, challenges in the legal profession have become increasingly complex following the emergence of a recent innovation that has attracted the attention of many people around the world, namely the use of artificial intelligence-based software that can help users solve legal problems. For this qualification, its validity also needs to be reviewed based on the applicable Advocate Law and Advocate Code of Ethics, as well as the urgency of strict regulation and supervision to ensure that the position of AI lawyers does not have a negative impact on law enforcement as a whole. The formulation of the research problem begins with a discussion of the position of AI lawyers as legal subjects. The research method used is normative using a legal approach, as well as a conceptual approach and comparative approach. This article analyses the existing rules and procedures used in courts that may allow or restrict the application of AI in the judicial system.
In the context of e-commerce, Shopee has introduced handling fees. When buyers seek information regarding this fee, they are informed that to avoid the handling fee, they must utilize the SeaBank payment method. This practice constitutes a form undue influence in contractual relations, emerging from a significant disparity in the bargaining power between the contracting parties. The absence of regulatory provisions governing the imposition of service or platform fees in existing legislation has facilitated irregularities in electronic contracts, placing buyers at a disadvantage. This study addresses the legal challenges of handling fees. This study adopts a normative legal research methodology. This research also uses legal concepts, principles and theories to analyze the legal issues and laws and regulations. The data was processed using a descriptive qualitative method. The findings of this research indicate that the unrestricted application of the principle of freedom of contract often results in standardized terms in electronic contracts. These standardized terms disproportionately favor the parties with greater bargaining power, thereby exacerbating the vulnerability of weaker parties. Consequently, this study underscores the necessity for legal protection through preventive measures, primarily in the form of legislative intervention.
This study examines the urgent need to establish a specific Indonesian Standard Industrial Classification (Klasifikasi Baku Lapangan Usaha Indonesia/KBLI) for green hydrogen investment as a normative legal necessity within Indonesia’s sustainable energy transition and its commitment to achieving Net Zero Emissions (NZE) by 2050. In fulfilling its obligations under the Sustainable Development Goals (SDGs) and its national low-carbon development agenda, Indonesia has adopted various policies promoting renewable energy and green hydrogen development. Nevertheless, the current KBLI framework has not yet provided a distinct classification for green hydrogen-related activities, resulting in their continued inclusion under general gas or manufacturing categories that are normatively and technically inadequate. This study employs a normative legal research method, drawing on statutory and comparative approaches, to evaluate the coherence of Indonesia’s regulatory framework with the principles of legal certainty, regulatory clarity, and good governance. In addition, it compares Indonesia’s KBLI system with regulatory practices in selected jurisdictions that have established specific industrial classifications for green hydrogen. The analysis indicates that the misclassification of green hydrogen-related activities under the KBLI regime may result in significant legal and administrative consequences, particularly in business licensing, environmental permitting, and investment approval processes, as each KBLI category entails distinct regulatory obligations. Therefore, the establishment of a specific KBLI for green hydrogen constitutes not only an administrative adjustment but a normative imperative to ensure legal certainty, promote sustainable investment, and support technological innovation. Such regulatory reform is essential to accelerate the development of Indonesia’s clean energy ecosystem and to align national industrial governance with constitutional mandates and international sustainability commitments.
The National Health Insurance Program (JKN) in Indonesia faces serious challenges related to fraudulent practices committed by participants, healthcare facilities, medical personnel, and even the social insurance administrators themselves. The absence of a clear legal framework and a reliable mechanism for proof has led to legal uncertainty and financial losses in managing health insurance funds. In contrast, the United Kingdom, through its National Health Service (NHS), has established a comprehensive legal and institutional framework to professionally and systematically detect, investigate, and prosecute fraud. This article aims to compare the legal systems of Indonesia and the UK in handling health insurance fraud and to propose an ideal model for Indonesia. The research employs a normative juridical method with a comparative law approach. This study finds that the UK has a more robust fraud prevention and enforcement structure through bodies such as the NHS Counter Fraud Authority and Local Counter Fraud Specialists, while Indonesia still relies on internal regulations that lack legal strength. Indonesia needs to establish a professional and certified anti-fraud agency, implement a solid legal evidentiary system, impose criminal, civil, disciplinary, and administrative sanctions, ensure fair adjudication, and reform existing regulations to ensure justice and the sustainability of JKN.
This study aims to examine the legal challenges that affect the practice of polyandry in Indonesia and how traditional views influence the implementation of law and human rights. This study employs normative juridical legal research with a qualitative approach, collecting data through a literature review, legal document analysis, and qualitative interviews to gain a comprehensive understanding. The data were then analyzed thematically and comparatively. Some traditional views perceive polyandry as a form of gender equality, referring to Article 27, paragraph (1) of the Human Rights Law. This perspective has sparked public opinion suggesting that if men can have multiple wives, then women should also be allowed to have multiple husbands. However, this practice presents legal challenges, including non-compliance with existing laws, clashes between legal norms and traditional values, and resistance from patriarchal culture. These issues contribute to the broader debate on the intersection of gender equality, cultural norms, and legal frameworks. On one hand, traditional perspectives promote polyandry as individual autonomy and gender fairness in marriage. On the other hand, the state holds the authority to limit certain rights, especially in marriage practices deemed unconventional, such as polyandry, to prevent misuse of personal freedoms, protect women from potential harm, and ensure the clarity of lineage and family structure.
The research aims to compare and examine a case of tender conspiracy seeking similarities with or seen from the perspective of civil unlawful acts. Every business actor is prohibited from carrying out an activity that results in losses for other business actors and conducting fraudulent competition. The legal issues addressed in this research include reviewing one of the prohibited activities, namely the conspiracy of tenders stipulated in Article 22 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (Anti-Monopoly Law), from the elements of unlawful acts based on Article 1365 of the Civil Code (Civil Code). The legal issues in this study are, first, does the practice of bid rigging contain elements of unlawful acts, and what is the legal perspective on it, and second, what are the legal consequences for business actors proven to have engaged in bid rigging. This paper uses normative legal research, supported by primary and secondary legal materials and legal approaches are relevant to the legal issues under study, such as the approach to legislation, conceptual approach and comparative approach. The findings and discussion showed that bid rigging actions can be classified as unlawful acts, based on the following elements. First, the act of collusion with the intention to manipulate and ensure who will win the tender. Second, the act qualifies as unlawful, consisting of the elements of collusion, manipulation, and ensuring a specific business actor wins the tender, along with the element of unfair competition. Third, the element of fault is fulfilled on the part of the reported parties, in this case, the tender participants. Fourth, the practice negatively affects other business actors, both materially and immaterially, particularly in their opportunity to win the tender. Fifth, there is a proven causal relationship and impact of the bid rigging committed by the reported parties, resulting in harm to other business actors. In conclusion, bid rigging practices can be classified as unlawful acts as long as the elements of such acts are fulfilled.
This study discusses the application of the Piercing the Corporate Veil (PCV) doctrine as an alternative to optimise the bankruptcy estate in the insolvency case of PT Sri Rejeki Isman Tbk (PT Sritex). PT Sritex was declared bankrupt by the Commercial Court of Semarang due to its failure to fulfil debt obligations amounting to IDR 29.8 trillion. The problem became more complex following the disclosure of alleged corruption by the former President Director, Iwan Setiawan Lukminto, who misused loan facilities totalling IDR 692.9 billion obtained from Bank BJB and Bank DKI. This case created an overlap between criminal asset confiscation and general bankruptcy execution, potentially reducing the value of the bankruptcy estate and harming creditors, particularly unsecured creditors. Therefore, the proposed solution is to optimise the bankruptcy estate by applying the PCV doctrine, which extends liability to the personal assets of directors, as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. This research employs a normative juridical approach, analysing statutory regulations, legal literature, and relevant court decisions. The findings indicate that the elements of Article 3 paragraph (2) and Article 104 paragraph (2) of the Company Law are fulfilled, directors can be held personally liable, and their assets drawn into the bankruptcy estate. To address the conflict between criminal and bankruptcy confiscation, a separation of assets is necessary, so that the proceeds of corruption can be returned to the state. In contrast, the legitimate assets of the company and its directors can still be distributed proportionally to creditors.
This study analyzes the management and utilization of Sara customary land in Takimpo Village, Buton Regency, managed by the indigenous community based on customary law principles, and compares it with the customary land management system in Nigeria. Sara land holds significant cultural, social, and economic value for the indigenous community, who manage it based on principles of collectivity and consensus. The research method used is socio-legal, employing a qualitative approach through interviews, observations, and analysis of data obtained from the indigenous community, as well as relevant legal literature. The key findings indicate that the customary law principles in Takimpo emphasize communal land ownership, consensus as the decision-making mechanism, and sustainability in land use. Although customary law is respected, there is tension with state policies that prioritize individual land ownership. A comparison with Nigeria reveals similar principles of collectivity; however, state policies in Nigeria are more dominant, leading to tensions with the customary legal system. In conclusion, legal recognition of customary land needs to be strengthened in national land policies to protect the rights of indigenous communities. Mapping customary land based on customary law is essential to ensure sustainability and protect the rights of indigenous communities in managing their land.
The Gresik Special Economic Zone (SEZ), as a strategic energy and petrochemical industrial area, raises complex legal questions regarding the division of licensing authority among the Central Government, the SEZ Authority, and the Local Government (Gresik Regency/East Java Province). This study aims to comprehensively analyze the authority of the Local Government in issuing energy sector permits in the Gresik SEZ, particularly in the context of regional autonomy and the applicable SEZ regulations.The research employs a normative legal research method with a statutory approach, a conceptual approach, and case study analysis. This triangulation of methods allows for a comprehensive examination of both the legal framework and its practical implementation within the SEZ.The findings indicate that the authority of the Local Government in energy licensing within the Gresik SEZ is highly limited. Law No. 39 of 2009 on Special Economic Zones and Government Regulation No. 86 of 2019 on the Gresik SEZ explicitly transfer licensing authority in the energy sector—such as mining business permits (IUP), electricity supply business permits (IUPTL), and environmental permits—to the SEZ Authority and the Central Government. Consequently, the scope of local autonomy in this domain has been substantially diminished. Local governments retain a role only in licensing that is not directly connected to core SEZ business activities and remains administrative or territorial in nature.The study reveals that the reduction of local government authority in the SEZ context poses challenges for balancing regional autonomy with national economic priorities. While centralization of authority aims to streamline investment processes and reinforce the strategic function of the SEZ, it risks marginalizing local government participation in critical decision-making. To address this, the study recommends establishing clear synergy and effective coordination mechanisms between the SEZ Authority, the Central Government, and the Gresik Regency Local Government, particularly in areas of supervision, environmental safeguards, and supporting services.
The Constitutional Court Decision No. 118/PUU-XX/2022 redefined the paradigm of the statute of limitations for document forgery offenses in Indonesia. Previously calculated from the date of the offense, it is now determined based on when the forged document is discovered, used, and causes loss. This article examines the legal implications of the court decision on the state of limitations to legal certainty and law enforcement practices, particularly those carried out by the Indonesian National Police. A conceptual and statutory approach is employed to analyze the amendments to Article 79(1) of the Indonesian Criminal Code and the Court’s legal reasoning. The findings indicate that this change enhances legal protection for victims and requires investigators to cumulatively evaluate the elements of “discovery,” “usage,” and “loss” to determine the statute of limitations. The decision has erga omnes effect and serves as a binding precedent and guideline for investigating document forgery cases in Indonesia.
The matrilineal kinship system draws a female line. The problem of inheritance law becomes more complex if it occurs within the Minangkabau Indigenous Community. This is motivated by the fact that the Minangkabau Indigenous People are devout followers of Islam; they also have strong customary laws with matrilineal lineage and collective inheritance systems. The author uses a juridical-normative research method, while the research specification is descriptive and analytical. The data obtained was analyzed using qualitative juridical methods. In several inheritance disputes, judges of the Religious Courts in West Sumatra have applied the principle of “Adat Basandi Syarak, Syarak Basandi Kitabullah.” In implementing the inheritance system, Minangkabau customary law aligns with Islamic law without eliminating the values of the adat. The existing customary law must be subordinate to Sharia, that is, Islamic law derived from the Qur’an and Sunnah as the Kitabullah. Every customary rule must not deviate from Islamic Sharia, including inheritance law. In addition to following customary provisions, inheritance must also be in accordance with Islamic inheritance law, in this case, Faraidh.
The ongoing reform of the Indonesian Criminal Procedure Code (“KUHAP”) seeks to align with the new Criminal Code (“KUHP 1 Tahun 2023”), which will take effect in 2026. A central issue in this reform concerns the coordination mechanism between investigators and public prosecutors, particularly the tension between functional differentiation and the principle of dominus litis. While functional differentiation separates the roles of investigators and prosecutors, dominus litis positions the prosecutor as the main authority responsible for controlling the progress of criminal cases. This study employs doctrinal legal research combined with a comparative approach to examine coordination practices in the Netherlands, France, China, and Thailand. The findings reveal that functional differentiation under the 1981 KUHAP limits the prosecutor’s role as dominus litis (from the Latin term meaning “controller of the case”), resulting in disharmony in coordination between investigators and prosecutors. This lack of harmony leads to inefficiencies in the pre-prosecution process, including the recurring exchange of case files (bolak-balik perkara). In contrast, universal practice shows that early prosecutorial involvement during the investigation stage fosters mutual understanding and ensures accurate supervision, thereby minimizing procedural delays.Furthermore, by referring to Article 132 of the 2023 Criminal Code, this paper argues that the principle of functional differentiation should no longer apply in Indonesia. The new provision strengthens the prosecutor’s role as dominus litis, affirming that investigation is an inseparable part of prosecution.
This article examines, from the perspective of legal liability, the determination of third party liability other than corporate taxpayers, both personally and jointly. The discussion covers three areas, including tax provisions, tax court decisions, and the concept of legal liability. The results are, firstly, the third party liability of corporate taxpayers is the target of Compulsion Letters, Seizures, and Auctions, both personally and jointly. Secondly, several tax court lawsuit decisions indicate that in principle the obligation of corporate taxpayers to pay tax debts is attached to the third party liability, and for director, this attachment opens up the possibility of interference with his/her ownership rights. Finally, the provisions on the third party liability of corporate taxpayers are not rooted in the concept of legal liability, thus creating a risk of uncertainty as shown in the tax court lawsuit decision.
Digital transformation has driven the rapid growth of Over-the-Top (OTT) services in the ASEAN region, including Indonesia, presenting new challenges for national tax systems. The digital and cross-border nature of the OTT business model, operating without the need for a physical presence (permanent establishment), has led to regulatory gaps in taxation, particularly in the collection of Value Added Tax (VAT) and Corporate Income Tax (CIT) for foreign OTT companies. This study aims to analyze digital tax policies for OTT services in Indonesia and compare them with those of ASEAN countries, including Singapore, Malaysia, Thailand, and Vietnam. The research uses a normative juridical method, employing both a statutory approach and a comparative approach. The data are sourced from national and international regulations related to digital taxation, academic journals, and policy studies from global organizations such as the Organisation for Economic Co-operation and Development (OECD) and G-20. The analysis compares OTT tax regulations across Indonesia and selected ASEAN countries to identify similarities, differences, and implementation challenges in digital tax policy. The findings indicate that The Association of Southeast Asian Nations (ASEAN) countries adopt diverse approaches to taxing OTT services, such as the Goods and Services Tax (GST) in Singapore, the Digital Servicce Tax (DST) in Malaysia, and Digital Income Tax Regimes (DITR) in Vietnam and Thailand. These measures reflect concerted efforts to enhance fiscal fairness, increase state revenue, and foster the sustainable growth of the digital economy. For Indonesia, it is recommended to strengthen its DST framework, implement technology-driven monitoring systems utilizing big data and Artificial Intelligence (AI), and align its digital taxation policies with international standards.
Efforts to disrupt the independence of state officials elected by the DPR did not stop at the time of the removal of the Constitutional Judge some time ago, rather the practice was again carried out undemocratically and then legitimized by law, commonly known as autocratic legalism, through the issuance of a revision of the DPR Regulation on Rules of Procedure. Therefore, the purpose of this study is to examine and analyze supervision from the perspective of administrative law and the constitutionality of DPR RI Regulation No. 1 of 2025. This research is a legal research using a statutory, conceptual, and case approach. This research is important to be carried out so that the implementation of judicial power, especially the Constitutional Court, remains an independent power and can uphold law and justice without intervention from any party. The results of this study indicate that the regulation of recall of state officials elected by the DPR from the perspective of administrative law supervision cannot be justified. In addition, DPR RI Regulation No. 1 of 2025 has the potential to violate the provisions of higher laws and regulations, the theory of the hierarchy of laws and regulations, the theory of independence, the theory of authority, the theory of separation of power, and the Constitutional Court Decision Number 103/PUU-XX/2022.
Shares are a form of ownership of a person who has voting rights, rights to dividends, and rights to a share of assets in the event of liquidation. In the event that the owner of the shares dies, the transfer of ownership of the shares cannot occur immediately, but must go through a procedure so that the deed of rights to the shares is renamed to belong to the heirs. Cassation decision Number 2845 K/Pdt/2017 has set a new precedent; it was stated that the failure to record the heirs in the change of DPS was the negligence of the Board of Directors. So this research analyzes whether the Board of Directors is legally liable for the non-registration of heirs in the change of ownership of inherited shares, especially through systematic interpretation of article 50 paragraph (3) of the PT Law. This article is a legal research that uses primary and secondary legal sources in analyzing legal issues. The results show that the Board of Directors is passively obliged in terms of changes in ownership of shares in the DPS. So that the new obligation arises if the deed of change has been submitted to the company.
