The advancement of the digital era has brought significant changes to trade activities, particularly in the shift from conventional trading systems to faster and more precise electronic commerce (e-commerce). The study has revealed this new information regarding personal data protection information. As a result, the national legal system must control the growth of e-commerce while adhering to the strictest constitutional law requirements. adhere to the strictest requirements of constitutional law while being governed by the national legal system. Law is essential to ensure that consumer rights are upheld and that businesses operate transparently and ethically. This balance will foster trust in e-commerce platforms and encourage their growth in a secure environment. This study uses normative juridical and conducts descriptive-analytical data analysis. It also uses theories, concepts, and principles of digital constitutionalism. This study aims to ascertain and evaluate the degree to which existing legislation offers legal certainty for safeguarding personal information in the context of online transactions. This study will look at current legal frameworks and how well they handle the problems brought on by the quick advancement of e-commerce technology. The results demonstrate that e-commerce rules are still dispersed throughout many laws and regulations, which raises questions about legal ambiguity and the security of personal information in e-commerce transactions. In order to resolve this difficulty and construct a cohesive and legally sound regulatory framework based on constitutionalism, a special statute that fully regulates electronic commerce must be established.
The initiation of establishing a cultural infrastructure in the form of a Maritime Museum by the Semarang City Government manifests a strategic step in optimizing coastal geographic characteristics as an epicenter of maritime education, integrated tourism, and preservation of collective maritime memory. However, this ambitious project with an estimated building site area of five hectares in the northern coastal region faces overlapping spatial regulations, uncertainty of land tenure status, and vulnerability of coastal ecosystem degradation. This study comprehensively analyzes the legal feasibility of land tenure, spatial planning, and environmental management across three alternative locations (Pearl of Java City, Polder Banger, and Tambachlorok). Utilizing a normative-juridical approach, this study evaluates the dynamics of foundational licensing post-implementation of the job creation regulations, which shifts the paradigm from traditional administrative permits to risk-based approvals. The comparative analysis recommends Pearl of Java City as the primary priority for construction based on spatial conformity parameters, subject to the mandatory completion of land rights transfer of reclaimed land as a municipal asset (Regional Property). This study concludes that the acquisition of hierarchically structured legal instruments ranging from land rights procurement, marine and terrestrial spatial conformity, to national institutional registration is an absolute prerequisite to ensure the sustainability of public investment, mitigation of administrative litigation risks, and ecological protection of the Semarang City coast.
This article examines the dissonance between the normative position of the precautionary principle in Indonesian environmental law and the practice of governance in extractive mining permits following the enactment of the Omnibus Law on Job Creation. Using a normative juridical approach supported by case studies in three locations – coal mining and forestry in Wadas Village, Kutai Kartanegara Regency, and Boven Digoel – the article shows that the shift in the licensing regime from a precaution-based approach to a risk-based licensing approach has weakened the legal instruments that should prevent environmental damage early on, with direct implications for the failure to achieve the 13th Sustainable Development Goal (Climate Action). Unlike existing literature, which generally frames this issue as an implementation failure or misuse of administrative discretion, this article argues that the dissonance is built-in in the architecture of risk-based licensing law itself. By combining Lawrence Friedman's Legal System Theory and Mahfud MD's Legal Politics Theory, this article argues that the weakening of the precautionary principle is a product of political configurations that deliberately prioritize the acceleration of extractive investment over the prevention of ecological and climate risks. The article concludes with a proposal for a normative reformulation so that the precautionary principle can function as a genuinely precautionary and accountable legal instrument for national climate mitigation targets
Indonesia recognizes intellectual property rights (IPR) as intangible movable assets that may secure financing, yet banking practice still treats IPR as marginal collateral. This study examines how Indonesian law positions IPR as fiduciary collateral, what legal guarantees protect banks and creative economy actors, and why implementation remains limited after Government Regulation No. 24/2022. Using normative legal research, this article analyzes the Copyright Law, Patent Law, Fiduciary Guarantee Law, Creative Economy Law, Government Regulation No. 24/2022, OJK Regulation No. 40/POJK.03/2019, and the 2025 regulation on intellectual property valuers. The analysis is supported by official creative economy data and comparative case studies from Singapore, the United Kingdom, and the United States. The findings show that copyright and patent rights can be bound through fiduciary security because they are transferable economic rights with asset value. The legal guarantees consist of a notarized fiduciary deed, registration, preference rights, third-party enforceability, and execution rights after default. The main implementation gap lies in valuation, secondary market uncertainty, and the absence of IPR from the collateral categories recognized for bank provisioning under OJK asset-quality rules. The novelty of this article lies in connecting IPR doctrine, fiduciary security, prudential banking regulation, and the new Indonesian framework for registered intellectual property valuers.
Digital transformation in the legal sector has become inevitable, including in Indonesia’s agrarian governance system through the implementation of electronic land certificates. Nevertheless, the transition from conventional land certificates to digital documents also generates challenges related to legal certainty and public trust toward digital governance. This article aims to analyze whether electronic land certificates represent a genuine digital breakthrough or instead create new legal and social vulnerabilities. This study employs a qualitative approach through analytical methods and secondary data observation. The findings demonstrate that the success of electronic land certificates is not solely determined by technological sophistication, but also by regulatory readiness, institutional accountability, cybersecurity protection, and the level of public digital literacy. The study further reveals that community resistance and fearfulness remain significant due to concerns regarding cyberattacks, misuse of personal data, inequality in digital infrastructure, and the declining symbolic legitimacy of physical land certificates within agrarian culture. This study suggest that the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) strengthen transparent governance mechanisms, improve public participation, and establish adaptive legal standards concerning digital evidence and electronic land administration. In addition, the Ministry of Communication and Digital Affairs should reinforce cybersecurity infrastructure, expand equitable internet access, and formulate stronger personal data protection frameworks to ensure that the digital transformation of Indonesia’s land system remains legally secure, socially accepted, and institutionally sustainable.
