Generative artificial intelligence enables the creation of synthetic sexual representations depicting an identifiable person even though no real sexual event occurred. This article evaluates the adequacy of Indonesian criminal law after the national Criminal Code entered into force on 2 January 2026 through normative legal research using statutory, conceptual, and limited comparative approaches. Each regime is tested against the protected legal interest, conduct verbs, mens rea, victim and consent elements, stage of conduct, and available remedies. The study finds a partial normative gap: the Sexual Violence Crimes Law, Electronic Information and Transactions Law, Pornography Law, and Personal Data Protection Law can reach distribution, unlawful data processing, or particular forms of conduct, but Article 14 of the Sexual Violence Crimes Law does not, consistently with lex certa, clearly cover the creation of a new synthetic sexual file. As a de lege ferenda proposal, the article formulates a sexual-autonomy-based offence requiring identifiability, sexual character, intent, and specific absence of consent. The model distinguishes creation/manipulation, threats or coercive use, distribution, monetization, and repeated dissemination; treats actual harm as an aggravating factor; and separates criminal liability from regulatory duties concerning removal, preservation, and anti-reupload measures. Exceptions are assessed through necessity and proportionality to avoid overcriminalization.

The entry into force of Law Number 1 of 2023 on the Indonesian Criminal Code on 2 January 2026 places corporate criminal liability within the general architecture of national criminal law alongside pre-existing sectoral provisions. This article examines the relationship among the Criminal Code, the Criminal Adjustment Law, Articles 116-119 of the Environmental Law, and Supreme Court Regulation No. 13 of 2016. The juridical analysis separates attribution of conduct, organizational fault, individual responsibility, the relevance of administrative permits, and sanction calibration. The study argues that the Environmental Law remains a sectoral basis that must be read together with the Criminal Code's general corporate rules without converting every employee violation into corporate fault. A three-stage model conduct attribution, organizational fault, and sanction calibration is proposed as a reasoning framework that still requires proof of the underlying offence. Fines, disgorgement, restoration, compliance reform, and activity restrictions must be tied to their respective legal bases, institutional competences, and proportionality safeguards.

This study aims to clarify the legal position of severance pay following the post-Job-Creation-Law reforms in Indonesia, specifically examining its relationship with civil damages. The central proposition is that severance pay constitutes statutory compensation arising ex lege under employment legislation, and is not, by itself, a form of damages for breach of contract. A lawful termination of employment may still trigger an obligation for statutory severance or other compensation depending on the legally specified grounds. Conversely, an unlawful or contractually wrongful termination may raise separate legal questions concerning the restoration of workers' rights or civil damages, provided that their specific legal elements are proven. This study employs a normative legal research methodology, utilizing statutory, conceptual, and case approaches to analyze the Indonesian Civil Code, employment legislation read alongside Law Number 6 of 2023, Government Regulation Number 35 of 2021, and selected industrial relations decisions. The analysis concludes that employment law fundamentally serves as the lex specialis starting point. Civil Code Articles 1243 and 1365 may operate only subsidiarily where a genuine normative gap or a separate civil wrong exists, and where loss, causation, legal basis, and jurisdiction are firmly established; they do not automatically enlarge the statutory severance formula.

The digitalization of health workforce licensing is part of a broader transformation of health governance that places information systems at the centre of professional administrative processes. One of its implementations is the issuance of the Anesthesia Practitioner Practice License (Surat Izin Praktik Penata Anestesi/SIPPA) through a digital system integrated with the SATUSEHAT platform. Reliance on digital systems, however, also raises legal concerns, particularly concerning legal certainty and the protection of anesthesia practitioners’ personal data. This study examines the legal framework governing the digitalization of SIPPA following the enactment of Law Number 17 of 2023 on Health and analyses the legal protection of personal data during the digital licensing process. The study employs normative juridical research using statutory and conceptual approaches. Legal materials are analysed qualitatively by examining the relationship among the Health Law, the Personal Data Protection Law, Government Regulation Number 28 of 2024, and Minister of Health Regulation Number 13 of 2025. The findings indicate that digital SIP licensing has a sufficient legal basis, but its implementation must address licensing authority, data security and accuracy, and remedies for system failures. Legal protection for anesthesia practitioners therefore concerns not only the legality of professional practice, but also personal data rights and clear procedures when errors or disruptions occur in the digital licensing system.

This article reconstructs a progressive-law-based model for land-dispute resolution in Indonesia without displacing statutory authority, evidentiary rules, or judicial review. It uses normative legal research with statutory and conceptual approaches and codes recurring dispute patterns from selected legal scholarship and official land-dispute regulations. The study clarifies Indonesia’s negative land-registration publication system with positive elements: certificates constitute strong evidence but are not absolutely conclusive, while Article 32 of Government Regulation Number 24 of 1997 creates a five-year protection mechanism under specified conditions. The article identifies normative gaps in social-history verification, overlapping claims, power asymmetry, inter-agency data integration, and remedy coordination. Progressive law is operationalized through seven stages: intake and authority screening, integrated document and spatial verification, social-history verification, dispute typology, facilitated settlement, reasoned determination or referral, and post-resolution monitoring. Each stage is bounded by legality, evidence, proportionality, reasoned decision-making, and reviewability. The model distinguishes remedies within BPN authority, party agreement, and judicial jurisdiction, and proposes output, outcome, and safeguard indicators for future pilot testing.

This article examines the legal responsibility of e-commerce platforms for transactions involving processed food products that lack legally required label information. Shopee is used as an object of contractual analysis, not as empirical evidence of the prevalence of unlabelled listings. The study is normative legal research employing statutory and conceptual approaches. It maps the Consumer Protection Law, the Food Law, Government Regulation Number 80 of 2019 on Trading Through Electronic Systems, BPOM rules on processed-food labelling as amended, the Halal Product Assurance regime, DSN-MUI Fatwa Number 110/DSN-MUI/IX/2017, and Shopee’s Terms of Service accessed on 19 September 2026. The study finds that primary labelling and information duties attach to businesses that produce or trade food, while platform responsibility must be assessed proportionately according to intermediary functions, system governance, notice-and-action mechanisms, and the limits of contractual disclaimers that cannot displace mandatory statutory duties. From the perspective of Islamic economic law, uncertainty concerning material product characteristics may amount to significant jahalah where it affects safety, halal status, product identity, or other elements material to informed consent in the contract. The article distinguishes obligations already supportable under positive law—such as information transparency, complaint handling, and action against unlawful content—from de lege ferenda reforms, including risk-based verification for selected food categories and a more structured notice-and-action mechanism. The study does not empirically measure seller compliance, consumer behaviour, listing prevalence, or platform response effectiveness.

Interfaith marriage in Indonesia presents a complex juridical dilemma arising from the interaction between religious family-law restrictions, constitutional rights, and population-administration rules. This study analyzes the normative relationship between the Compilation of Islamic Law (KHI) and the 1945 Constitution, examines legal uncertainty in marriage registration and its consequences for children, and formulates a maqāṣid al-sharia-based reconstruction aimed at protecting children’s civil rights. Using normative legal research with statutory, conceptual, case-based, and limited comparative approaches, the study distinguishes the hierarchy and function of the relevant norms and separates current positive law from proposals for reform. The analysis finds no automatic or absolute contradiction between the KHI and the Constitution; restrictions must instead be assessed within the constitutional framework of lawful and proportionate limitations. The principal concern lies in administrative and normative uncertainty that may burden children’s identity, parentage, and other civil rights. A reconstruction grounded in ḥifẓ al-nasl and maṣlaḥah al-ṭifl supports regulatory harmonization, clearer civil-status procedures, institutional reform, and convergence with the best-interests-of-the-child principle. These reforms should protect children without treating administrative registration as an automatic validation of an otherwise invalid marriage.

This study analyses the gap between the statutory duty to register marriages and the practice of unregistered (siri) marriage that persists as living law in Indonesian society, the social and legal consequences of unregistered marriages, and the urgency and limits of marriage validation (isbat nikah) as a bridge between the two. It employs juridical normative research combining statutory and conceptual approaches. Data were drawn from primary legal materials, official figures released by the Ministry of Religious Affairs and the civil registry, and findings of prior studies, and were analysed qualitatively through Eugen Ehrlich's theory of living law and Lawrence M. Friedman's legal system theory. The findings show that siri marriage persists because religious validity has become the dominant social norm while registration is perceived as a mere administrative formality, a perception reinforced by economic and geographical barriers and low legal literacy. Women and children bear the greatest vulnerability concerning maintenance, marital property, inheritance, and legal identity. Isbat nikah functions as a recognition mechanism that transforms a marriage valid under living law into one acknowledged by the state; however, it is used largely reactively and may be misused to legitimise unauthorised polygamy or child marriage. Isbat nikah should therefore be situated within a policy framework that balances curative and preventive functions through strengthened legal awareness, integrated services, and judicial prudence.

Fiduciary security supports financing against movable assets by allowing debtors to retain possession while granting creditors priority in repayment. Disputes arise when default is contested, surrender is refused, or collection develops into unilateral repossession. This article examines proportionate protection for creditors and debtors across creation, registration, default, collection, enforcement, and dispute resolution. It uses normative legal research with statutory, case, and conceptual approaches, supplemented by limited functional comparison through the literature. The analysis draws on the Fiduciary Security Law, Constitutional Court decisions, financial services consumer protection rules, and scholarship. Protection beyond the certificate's enforcement authority requires valid registration, objective default clauses, documented collection, evidence of voluntary surrender, third-party oversight, and access to dispute resolution. The article proposes a three-stage model covering creation and registration, default and collection, and enforcement and its aftermath. The model integrates certainty of security rights, due process, and accountability for market conduct.

This article examines the need to prohibit manipulative political deepfakes in Indonesian election campaigns and formulates a regulatory model aligned with the principles of honest and fair elections. This normative legal research uses statutory, conceptual, and case approaches to analyze existing regulatory gaps. The results indicate that current legal instruments, such as the Election Law, the Electronic Information and Transactions (ITE) Law, and electoral management body regulations, remain partial. These regulations lack specific operational mechanisms to address artificial intelligence (AI)-based identity manipulation that significantly threatens electoral integrity and voter autonomy. As an implication and answer to these issues, this study proposes a more proportionate legal framework. The proposed model includes a specific prohibition on political identity falsification, mandatory AI content labeling, rapid clarification and content removal mechanisms, and institutional coordination guidelines among the KPU, Bawaslu, Kominfo, and digital platforms. The implementation of this model strengthens legal certainty in responding to digital disinformation in a measured manner, ensuring that the purity of voter intent remains protected without suppressing freedom of expression, such as legitimate satire.

Land is a crucial natural resource for human life from economic, social, and legal perspectives. Legal certainty in the transfer of land ownership rights requires an understanding of the distinction between the validity of sale and purchase agreements under civil law and the administrative requirements for land registration. In practice, many land transactions are conducted informally without involving a Land Deed Official (PPAT), thereby raising questions about their legal force. This research examines the validity of informal land sale and purchase agreements based on the Decision of the Medan District Court Number 995/Pdt.G/2024/PN.Mdn using normative juridical methods and a statutory approach. The analysis demonstrates that a sale and purchase transaction, according to Articles 1457-1458 of the Indonesian Civil Code, arises from the agreement of the parties, while the validity of the agreement must satisfy Article 1320 of the Civil Code- namely, agreement, capacity, definite object, and lawful cause. However, civil validity does not automatically result in the transfer and registration of ownership rights, as a PPAT deed is required in accordance with Government Regulation Number 24 of 1997. In the aforementioned decision, the judge considered the settlement of Rp95,000,000, delivery of the original certificate, physical possession for 11 years, and the consistency of witness testimony before ordering the registration of the right transfer. In conclusion, informal agreements can be legally binding under civil law, whereas PPAT deeds retain their preventive and administrative functions. The decision reflects justice, legal certainty, and administrative order, while providing judicial remedy for good-faith buyers.

This study examines the construction of civil liability for livestock business actors causing environmental pollution through the relationship between Article 1365 of the Indonesian Civil Code and the special regime under Law Number 32 of 2009 on Environmental Protection and Management, as subsequently amended under the Job Creation framework. It employs normative legal research using statutory, conceptual, and limited case approaches. The study finds that liability cannot be determined merely from the sectoral label of a livestock enterprise. Article 1365 remains relevant where a claimant must establish an unlawful act, fault, loss, and causation, while Article 87 of the Environmental Law strengthens compensation and environmental-restoration obligations. Article 88 continues to use the concept of absolute liability, although the post-Job Creation wording has generated debate about the applicable evidentiary standard. Ordinary organic livestock waste is not automatically classified as hazardous and toxic waste; consequently, Article 88 should not be applied solely because pollution originates from a farm. Its use requires a functional assessment of the activity, including the use or management of hazardous substances or waste and whether the activity creates a serious environmental threat. The article proposes a risk-based and evidence-based liability framework, supported by scientific evidence and the polluter pays principle, to reconcile legal certainty for business actors with effective protection of affected communities and environmental restoration.

This article examines the relationship between the separation of criminal case files (splitsing), proof of joint violence, and individualized sentencing in two Kolaka District Court decisions arising from a single group-assault incident: No. 44/Pid.B/2023/PN Kka and No. 61/Pid.B/2023/PN Kka. It applies normative legal research using statutory, case and conceptual approaches, with a structured comparison of charged conduct, evidentiary basis, individual participation, prosecutorial demands, mitigating circumstances and final sentences. Three defendants in Decision No. 44 received ten-month custodial terms, while four defendants in Decision No. 61 received six-month terms. Those outcomes differed alongside prosecutorial demands of fifteen and ten months respectively. The existence of disparity does not establish injustice because the defendants’ roles and procedural circumstances also differed. However, the decisions as described in the available case summaries would benefit from more explicit reasoning connecting each defendant’s acts and personal circumstances to the sentence imposed. Splitsing is a procedural device, not an autonomous ground of unequal punishment. The article proposes a nonbinding, reviewable comparison matrix that safeguards evidentiary independence while encouraging transparent proportionality analysis. Law Number 1 of 2023 is discussed only as a prospective normative benchmark and is not applied retroactively to the 2023 judgments.

This article asks whether the discretionary rehabilitation measure for perpetrators of sexual violence under Article 17 of Indonesia’s Law Number 12 of 2022 on Sexual Violence Crimes (the TPKS Law) satisfies the doctrinal elements of an enforceable double-track sanction; if not, whether the resulting gap stems from the norm’s design or institutional capacity. Using a normative juridical method (statutory, case, and conceptual approaches on primary, secondary, and tertiary materials, without field data), the article develops a four-element doctrinal test, measure type, triggering criteria, implementing authority, and enforcement consequence, and then applies Soerjono Soekanto’s five-factor test of legal effectiveness to explain the gap. Article 17 satisfies only one element in full; the other three are absent or partial, a design defect compounded by delayed implementing regulations, national prison overcrowding of 86 to 89 percent, and the absence of a ready executor under an adjacent regime. Unlike prior studies, which describe the gap only in general terms, this article isolates Article 17 from the adjacent chemical castration regime under Government Regulation 70/2020 and supplies a testable doctrinal standard and explanatory framework, informed by a comparable implementation case from Uruguay. The resulting reform proposal, a rebuttable presumption bounded by proportionality safeguards, follows directly from the doctrinal finding and is conditioned on preserving judicial discretion and the victim-centered protections the TPKS Law already secures.

Corruption entails not only criminal liability but also the recovery of state financial losses through asset tracing, freezing, seizure, confiscation, substitute-money enforcement, execution, and asset return. This study examines how these mechanisms are implemented at the North Sumatra High Prosecutor's Office and identifies normative, evidentiary, institutional, asset-management, and cross-jurisdictional constraints. It combines normative and empirical legal approaches through legislation, scholarly literature, available institutional materials, and interviews conducted in August 2026 with an official responsible for the relevant asset-recovery function. The findings show that asset recovery must be differentiated according to its legal basis: confiscation of assets connected to the offence, seizure as a procedural measure, and execution against a convicted person's property to satisfy the additional penalty of substitute-money payment. Implementation is constrained by concealment and transfer through third parties, evidentiary difficulties in linking property to the offence, limited asset-tracing capacity, depreciation of seized property, and the need for domestic and cross-border coordination. The article's specific contribution is to demonstrate that institutional effectiveness cannot be inferred from case volume alone, but must be assessed through the institution's legally grounded capacity to identify, secure, prove, execute, and return asset value to the state.

This study analyzes the normative construction of criminal law policy in protecting women and vulnerable groups and formulates Ruang Bersama Indonesia as an integrative model of penal and non-penal policy, rather than as a new criminal law regime. This study employs a normative legal research method using statutory and conceptual approaches. The findings indicate that protection has developed through the principles of non-discrimination, victim protection, recognition of power relations, accessibility, reasonable accommodation for persons with disabilities, restitution, compensation, and recovery; however, these standards remain dispersed across various legal instruments and have not yet been fully connected operationally. The proposed Ruang Bersama Indonesia model places substantive justice as its objective, while legality, attribution of authority, human rights, and due process of law serve as boundaries, with gender perspectives and intersectionality as analytical foundations. Ruang Bersama Indonesia functions as a hub for prevention, information, initial assessment, assistance, and referral; meanwhile, investigative, prosecutorial, adjudicative, and professional service authorities remain with legally authorized institutions. This model requires vulnerability assessment standards, referral protocols, data protection mechanisms, institutional coordination, and measurable evaluation indicators.

This article examines halal certification as an instrument of consumer protection and micro- and small-enterprise empowerment from the perspective of Islamic economic law, focusing on the regulatory architecture that will govern the October 2026 mandatory-halal phase. It employs normative legal research using statutory and conceptual approaches. Primary legal materials include the Halal Product Assurance Law, the Consumer Protection Law, Government Regulation No. 42 of 2024, and BPJPH regulations verified through 4 October 2026; secondary materials are limited to directly relevant academic literature. The study finds that the certification obligation is phased and differentiated by product category and business scale, while the halal-declaration route provides a specific mechanism for qualifying micro and small enterprises. A halal certificate constitutes legally recognized administrative evidence of halal status, but consumer protection remains dependent on continuing halal-assurance duties, post-certification supervision, and accessible remedies. From a maqāṣid al-sharī‘ah perspective, protection of religion, life, and property must be balanced with maṣlaḥah, justice, and the removal of hardship. The article proposes risk-based supervision, integrated complaint and redress pathways, and legally tiered policy recommendations so that mandatory certification can protect consumers without imposing disproportionate burdens on micro and small enterprises.

The deployment of artificial intelligence in financial services, electronic commerce, health care, transportation, education, employment, and data-driven decision-making expands the possibility of harm that can no longer be explained solely through direct human conduct. This article examines the adequacy of Indonesia's civil-liability framework for losses caused or mediated by AI systems and develops a reconstruction model compatible with tort, breach of contract, consumer protection, electronic transactions, and personal-data protection. Using normative legal research with statutory, conceptual, and limited comparative approaches, the article finds that Articles 1365, 1366, and 1367 of the Indonesian Civil Code remain doctrinally relevant but encounter serious attribution and evidentiary gaps where AI systems are opaque, adaptive, distributed across multiple actors, and technically documented by defendants rather than victims. The article proposes a Control-Risk-Evidence Model that allocates responsibility according to practical control, economic benefit, capacity to prevent harm, and access to evidence. The model combines documentation duties, rebuttable presumptions of causation, stricter liability for high-risk deployment, and contribution-based recourse among responsible actors. It therefore preserves the corrective and preventive functions of civil liability without treating AI either as a new legal person or as a universal excuse for human and corporate actors.

Divorce frequently leaves women and children vulnerable when court decisions fail to specify the amount and the mechanism for fulfilling maintenance obligations. This study addresses three questions: how sharia norms and Indonesian national law regulate post-divorce maintenance owed to former wives and children; how the judge's ex officio authority to impose such obligations is construed juridically within the religious courts; and how the two normative systems are integrated so as to strengthen that authority. Employing normative legal research with statutory and conceptual approaches, it examines primary legal materials comprising the Qur'an, hadith, and national law, analysed descriptively and analytically. The findings indicate that sharia treats child maintenance as a paternal obligation that does not lapse with a change in marital status, and obliges the former husband to provide iddah, mut'ah, and madhiyah maintenance commensurate with his actual capacity. Positive law translates these norms through Article 41(c) of the Marriage Law, Article 24(2) of Government Regulation Number 9 of 1975, Supreme Court Regulation Number 3 of 2017, and a cumulative series of circular letters that have progressively widened the scope of ex officio authority. Integration operates at the level of legal reasoning and rests on maslahah and substantive justice, so that ex officio authority is not a deviation from the ultra petitum partium principle but a juridical instrument for closing the gap between normative guarantees and the actual fulfilment of rights.

This study aims to analyze the legal considerations of judges in proving the case of illegal imported food products without a distribution permit from the Food and Drug Supervisory Agency (BPOM) in Decision of the Pekanbaru District Court Number 438/Pid.Sus/2021/PN Pbr, as well as to analyze whether the evidence in the decision is in accordance with criminal law provisions and laws and regulations concerning food. This research employs a normative legal research method with a descriptive-analytical approach, using a statutory approach, a case approach, and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials, which were collected through library research and analyzed qualitatively. The results of the study indicate that the legal considerations of the panel of judges in the case were based on an assessment of the evidence and facts revealed during the trial in determining the fulfillment of the elements of the criminal offense as regulated under Article 142 in conjunction with Article 91 paragraph (1) of Law Number 18 of 2012 concerning Food. The proof in the case was conducted by relating the evidence presented at trial to the defendant's act of distributing food products that did not have a distribution permit. Based on the analysis, the evidence considered by the panel of judges was related to the provisions of criminal procedural law and the applicable laws and regulations concerning food, thereby providing a basis for the judges to find the defendant proven to have committed the criminal offense as charged. Therefore, the legal considerations of the judges in Decision Number 438/Pid.Sus/2021/PN Pbr demonstrate the application of criminal evidentiary provisions in determining the fulfillment of the elements of a food-related criminal offense involving food products without a distribution permit.

Asset recovery in Indonesian corruption cases remains constrained because confiscation generally depends on criminal proceedings and proof linking property to a predicate offence. This study examines the legal legitimacy of the unexplained wealth doctrine, formulates a proportionate reversed-burden model, and assesses the need for stronger scrutiny of assets held by law-enforcement officers. It employs normative legal research using statutory, conceptual, case, and comparative approaches. The study finds that shifting the evidentiary burden can be designed consistently with the presumption of innocence when it operates within an in rem mechanism and only after the State establishes objective grounds showing a material disparity between assets and lawful income. The article proposes a tiered balanced reversed-burden model consisting of an objective trigger, a prima facie burden on the State, an opportunity for the asset holder to establish lawful origin on the balance of probabilities, and a judicial determination accompanied by procedural safeguards. For law-enforcement officers, the mechanism should include independent examination to reduce structural conflicts of interest. This formulation may serve as a reference for future Indonesian asset-recovery reform.

This article examines the business judgment rule (BJR) in the liability of Indonesian state-owned enterprise directors through PT ASDP Indonesia Ferry’s acquisition of PT Jembatan Nusantara. It also examines mudharabah and the presidential rehabilitation of Ira Puspadewi. Using normative legal research with statutory, conceptual, and case approaches, the study finds that BJR protection requires cumulative proof of absence of fault, good-faith and careful management, freedom from conflicts of interest, and loss-prevention measures. The dissent on due care does not displace the majority’s contrary assessment of abuse of authority. The mudharabah analogy distinguishes normal commercial loss from loss arising from transgression, negligence, or breach of trust, without equating SOE governance with that contract. Presidential rehabilitation is assessed as a separate constitutional act. The article proposes clearer evidentiary standards for directors’ liability.

One of the goals of the Indonesian state is to advance public welfare as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia, Paragraph 4. In order to realize this national goal, a national fiscal policy is necessary. One of the fiscal policies used by Indonesia is the establishment of Daya Anagata Nusantara (Danantara) as a superholding of State-Owned Enterprises. The implementation of Danantara as a superholding must be in accordance with laws and regulations and the General Principles of Good Governance as an implementation of the concept of a state based on law (rechtstaat). The implementation of Danantara with the provided capital almost reaching ⅓ of the total 2026 State Revenue and Expenditure Budget, of course, must be accompanied by ideal supervision and public participation as referring to the concept of a state based on law. In addition, with the absence of the role of the DPR and DPD in the administration of the state, the implementation of Danantara is not transparent and does not fulfill the principle of openness as stipulated in Article 10 Paragraph (1) letter f of Law 30/2014. A government that is not based on AUPB is a government that tends to violate the rights of citizens and does not implement good governance.

The carriage of goods by sea plays an important role in supporting trade and economic activities, particularly in Indonesia as an archipelagic state. In modern maritime transportation, the use of Shipper-Owned Containers (SOC) raises legal issues concerning the allocation of liability for cargo damage, as the container is owned by the shipper while the transportation is carried out by the carrier. This issue becomes more complex due to the absence of specific regulations governing SOC under Indonesian positive law. This research aims to analyze the legal position of SOC in the carriage of goods by sea and the allocation of liability between carriers and shippers for cargo damage. This research employs a normative juridical method using statutory and conceptual approaches, analyzed descriptively and analytically. The results indicate that SOC ownership places responsibility for the maintenance and fitness of the container upon the shipper, while the carrier remains principally responsible for the safety and security of the cargo during transportation. The allocation of liability is determined based on the cause of the damage, the obligations of each party, and the causal relationship between fault and loss. The applicable principle is presumption of liability, under which the carrier may be released from liability if it can prove that the loss was not caused by its fault.

This article examines M. Quraish Shihab's interpretation of Surah Ar-Rum (30:21) and its normative relevance to contemporary family resilience. It employs library research and a contextual tafsir analysis informed by socio-psychological concepts rather than empirical family-psychology research. The primary text is volume 11 of Tafsir Al-Mishbah, especially the commentary on Surah Ar-Rum (30:21), with Wahbah al-Zuḥaylī's Tafsir Al-Munir used as a bounded comparator. Twenty-one secondary works in the original corpus were re-screened for thematic relevance, traceable metadata, and analytical proximity; seventeen were retained, while primary and official legal-administrative materials were added. The coding matrix covered five categories: sakinah, mawaddah, raḥmah, relational mechanisms, and spiritual meaning-making. The findings show that Shihab presents sakinah as tranquillity compatible with relational dynamics, while mawaddah and raḥmah describe affective and compassionate qualities that sustain marriage. The distinction between khalaqa and jaʿala is treated cautiously: the proposition that affection must be cultivated is the authors' contextual synthesis, not a verbatim claim by Shihab. The phrase min anfusikum supports a shared human origin but does not, by itself, determine the legal distribution of marital rights and duties. Normatively, the interpretation resonates with Article 3 of Indonesia's Compilation of Islamic Law and may enrich existing premarital-guidance materials, although its practical effectiveness remains an empirical question.

Community service constitutes a principal punishment under Indonesia’s National Criminal Code and, within the statutory conditions of Article 85, offers an alternative to short custodial sentences or specified fines. This article examines the legal criteria for imposing community service and the institutional conditions for its implementation. Using normative legal research with statutory and conceptual approaches, it distinguishes the applicable legal framework from proposals that still require institutional agreements or technical standards. Since Law Number 1 of 2023 entered into force on 2 January 2026, the analysis treats community service as part of the operative sentencing framework rather than an indefinitely prospective policy. Eligibility requires both an offense punishable by imprisonment of less than five years and a judicial decision that would otherwise impose no more than six months’ imprisonment or a fine up to category II. The defendant’s informed agreement, ability to work, safety, social circumstances and other statutory considerations shape judicial discretion. The punishment ranges from eight to 240 hours, may not be commercialized, and is subject to prosecutor supervision and guidance by community corrections officers. The article proposes a coordinated implementation and evaluation model while acknowledging that it has not empirically measured readiness, prison-population changes or recidivism outcomes.

This article examines law-enforcement effectiveness in securing National Vital Objects in Ambon City through allocation of institutional responsibility, risk-based security, operational capacity, and the limits of drawing empirical effectiveness conclusions from normative legal research. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.

This article looks at how living law, customary criminal law fits into Indonesias national criminal law system. The main question is how to include criminal law without hurting the principles of legality, legal certainty and constitutional protections. A normative juridical method is used, which involves analyzing laws and court decisions. The analysis includes The 1945 Constitution of the Republic of Indonesia, Emergency Law Number 1 of 1951, Law Number 48 of 2009 on Judicial Power, Law Number 1 of 2023 on the National Criminal Code, Relevant court decisions, The study finds that customary criminal law is a source of unwritten law. It is recognized when it reflects norms that're still alive accepted and obeyed by customary communities. However its use must align with Pancasila, human rights, proportionality and the rule of law. Judges play a role in deciding if customary settlements can affect prosecution, sentencing or preventing double punishment. at the end living law that comes from indigenous peoples should be seen as a controlled expansion of law sources, guided by the constitution. The integration of criminal law requires careful consideration to ensure it works with the existing legal system. This means balancing law with national laws and constitutional protections. The role of judges is crucial, in making this balance work.

This empirical legal research aims to determine and analyze the role of the Police apparatus at the investigation level at the Medan City Police (Polrestabes Medan) in overcoming the criminal act of narcotics use by minors, as well as to identify the obstacle factors encountered. The research method used is empirical legal research with a socio-legal approach and a case approach, which is analyzed qualitatively using deductive reasoning. The results indicate that police investigators face a dilemma in harmonizing the application of Law Number 35 of 2009 concerning Narcotics, which is repressive in nature, with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), which promotes restorative justice principles and diversion mechanisms. In practice, these prevention efforts are hindered by three main factors: (1) legal substance obstacles in the form of normative conflicts and investigators being constrained by weight limits based on Supreme Court Circular (SEMA) No. 4 of 2010, which complicates the implementation of diversion for children manipulated as couriers; (2) legal structure obstacles due to the lack of Special Service Rooms (RPK) and Social Welfare Institutions (LPKS) facilities in the Medan area; and (3) legal culture obstacles including the slow issuance of community research reports (Litmas) by Bapas, family fear of social stigma, and community rejection of non-judicial settlement mechanisms.

Digital legal services increasingly encourage notaries to use websites and social media to expand public access to legal information. Article 4 point 3 of the Indonesian Notary Code of Ethics, however, prohibits self-publication and promotion through printed or electronic media without providing operational criteria that clearly distinguish permissible information from prohibited promotion. This study examines that normative boundary and formulates practical parameters for notaries, the Honorary Council, and supervisory bodies. It employs normative legal research using statutory, conceptual, and limited comparative approaches. The study finds that the legal assessment should not turn on the mere existence of a website. Instead, it should examine the purpose of the content, substantive presentation, language, price disclosure, transactional calls to action, testimonials, comparative claims, and mechanisms for soliciting prospective clients. Educational, neutral, non-commercial content that is not designed to acquire clients may be treated as professional information, whereas persuasive content that highlights superiority, offers prices or packages, displays testimonials, or directly solicits clients is more properly categorized as promotion. The article proposes technical guidance by the Indonesian Notary Association containing measurable indicators, an explicit exception for non-commercial legal education, standardized oversight, and safeguards for personal data processed through digital contact channels.

This study analyses the coherence of Surakarta City’s legal framework for inclusive tourism, with an operational focus on accessibility for persons with disabilities because this dimension is supported by the clearest enforceable legal duties. The research is normative legal research using statutory, conceptual, and limited comparative approaches. The principal legal materials include Law Number 10 of 2009 on Tourism, Law Number 8 of 2016 on Persons with Disabilities, Surakarta City Regulation Number 13 of 2016, Surakarta City Regulation Number 5 of 2017, Surakarta City Regulation Number 9 of 2020, and Surakarta Mayor Regulations Number 26 and Number 27 of 2024. The analysis shows that Surakarta does not face a complete regulatory vacuum: tourism regulations, disability-rights rules, tourism-area service standards, and general sanctioning mechanisms already exist. The central normative problem is fragmentation and the incomplete integration of accessibility standards with tourism-business obligations, service indicators, supervision, licensing, and cross-agency coordination. Friedman’s legal-system theory is used to assess the normative design of legal substance and legal structure, while legal culture is treated as an empirical research agenda that is not measured by this study. The article recommends harmonising existing instruments, developing measurable accessibility indicators and procedures, and strengthening coordination through a mechanism that does not duplicate the disability institutions already established.

This article examines how local-government ownership of BPR Perseroda may create governance risks in credit decision-making and assesses whether the current regulatory architecture provides adequate safeguards against conflicts of interest and informal owner influence. Bank Daerah Lamongan (BDL) is used only as a case illustration, not as proof of shareholder intervention or of a causal relationship between ownership and non-performing loans. Using normative legal research with statutory and conceptual approaches, the study reads POJK Number 9 of 2024 together with related rules on anti-fraud, AML/CFT, maximum lending limits, related-party transactions, risk management, compliance, and internal audit. The analysis distinguishes formal independence from substantive independence and develops operational indicators such as approval override, undocumented instructions, failure to abstain, retaliation, exceptions from credit policy, and weaknesses in audit trails. The study finds that the main normative gap lies not in the absence of governance duties, but in the evidentiary and procedural mechanisms needed to detect and respond to informal influence. It recommends proportionate communication logs, conflict screening, independent review, protected reporting, and supervisory access to relevant records. The study does not assess actual BDL loan files, supervisory findings, or the legality of any individual credit decision.

This study analyzes the role of the North Sumatra Provincial National Narcotics Agency (BNNP Sumut) in preventing the abuse of narcotic-laced vape liquids in Medan City. The inquiry is deliberately framed around role implementation and process adequacy rather than behavioral outcome effectiveness, which would require population-level measurement. The study uses an empirical legal approach combining statutory analysis, semi-structured interviews with two purposively selected BNNP Sumut informants in July 2026, and documentary triangulation using official and institutional sources. Implementation adequacy is assessed through five benchmarks: consistency with the legal mandate, specificity of risk communication, documented program delivery, readiness for inter-agency and laboratory coordination, and monitoring and evaluation records. The findings indicate that BNNP Sumut performs preventive functions through communication, information, education, community empowerment, and inter-agency coordination. The available evidence, however, is insufficient to attribute any reduction in drug abuse directly to those programs. Principal constraints include the adaptation of drug delivery through vape products, the need for laboratory testing to identify controlled substances, distribution through digital and informal channels, and limited outcome-based documentation. Stronger prevention therefore requires laboratory and early-detection coordination, legally grounded digital-market monitoring, youth-specific vape-risk education, and traceable evaluation indicators.

This article examines the disparity between the penalties for marriage-impediment offences under Article 402 and cohabitation under Article 412 of Indonesia's Law Number 1 of 2023 on the Criminal Code. It rejects the shorthand description of Article 402 as an "unauthorized polygamy offence" because criminal liability requires an existing marriage that constitutes a lawful impediment, the offender's knowledge of that impediment, and, in the aggravated form, concealment of it from the other party. Using normative legal research with statutory, conceptual, and functional-comparative approaches, the study compares Indonesia with Saudi Arabia, the United Arab Emirates, the Federal Territories of Malaysia, Pakistan, and Iran through common variables: prior authorization for plural marriage, consequences of non-compliance, the type of non-marital intimate conduct criminalized, prosecution triggers, penalty ranges, protected legal interests, and victim protection. The comparison shows that penalty differences partly reflect distinct protected interests and degrees of culpability, but problems of fair labelling, certainty of offence elements, and proportionality remain. Reform should clarify criminal elements through legislation or lawful judicial interpretation, distinguish the legal complaint required for Article 412 from the provision of information to authorities, avoid compulsory mediation, and strengthen family-law remedies without expanding criminal offences through subordinate regulation.

This doctrinal article compares Indonesia’s Law Number 8 of 2019 on Hajj and Umrah Administration with its third amendment, Law Number 14 of 2025. Through statutory and conceptual interpretation, it identifies amendments governing ministerial responsibility, allocation of Hajj quotas, adjustment of pilgrimage costs, supervision of special Hajj and Umrah operators, and the Ministry Information System. The amendment does not repeal the 2019 law in its entirety: provisions not amended remain in force. The article distinguishes statutory duties supported by specific provisions from proposed indicators concerning service standards, archiving, integrated digital governance, and pilgrim complaints. It argues for article-based implementation guidance, explicit coordination with the Hajj Financial Management Agency, traceable oversight decisions, and stronger accessible remedies for vulnerable pilgrims. Its contribution lies in a verifiable mapping of institutional responsibilities and legal consequences rather than an unsupported claim of wholesale replacement.

The expansion of social media as a forum for public criticism has intensified the legal tension between freedom of expression and protection of reputation in Indonesia. This study analyses the acquittals of Haris Azhar and Fatia Maulidiyanti by the East Jakarta District Court, the subsequent rejection of the prosecutor's cassation by the Supreme Court, and the relevance of recent changes to Indonesia's electronic information law. The study applies normative juridical research using statutory, case, conceptual, and comparative approaches. Primary legal materials include the 1945 Constitution, Law Number 19 of 2016, Law Number 1 of 2024, the district court and Supreme Court decisions, and Constitutional Court Decision Number 105/PUU-XXII/2024. Secondary materials include Indonesian legal scholarship and five recent Elsevier journal articles on digital speech, platform governance, content moderation, and chilling effects. The analysis finds that the judicial reasoning draws a legally significant distinction between criticism directed at public policy or public office and attacks on personal honour. The Supreme Court's cassation ruling strengthens that distinction as persuasive jurisprudence, although Indonesia does not apply stare decisis. The 2024 statutory amendment and the Constitutional Court's 2025 interpretation further narrow the legitimate reach of electronic defamation law. The study argues that restrictions on online expression should focus on demonstrable attacks on individual reputation and should not convert research-based public-interest criticism into criminal defamation. This approach provides a more coherent balance between constitutional expression, reputation, legal certainty, and democratic oversight.

Reforming human resource management in Indonesian State-Owned Enterprises (SOEs) is a matter of legal policy because the state must reconcile its authority as owner, the demands of public accountability, and the need for corporate autonomy. This study analyzes the direction of legal policy governing SOE human resources following the 2025 reforms to the SOE legal regime, identifies normative fragmentation and the risks of non-professional intervention, and formulates a governance model compatible with the corporate character of SOEs. The study employs normative legal research using statutory, conceptual, and historical approaches. Legal materials are analyzed qualitatively and prescriptively through the inventory of norms, systematic and teleological interpretation, and consistency testing across the SOE, company, labor, corporate-governance, and merit regimes. The findings show that the civil-service merit system should not be transplanted directly into SOEs because of differences in employment status, authority structures, and business requirements. The novelty of this study lies in the construction of accountability-based corporate merit as a legal-policy model built on five pillars: regulatory coherence, professional independence, competency- and performance-based objectivity, decision traceability, and proportional accountability. Under this model, law functions as an accountability boundary for corporate discretion rather than as an instrument of uniformity, thereby preserving professionalism and business flexibility without diminishing transparency, integrity, or public accountability.

This article examines zakat on crypto assets in Indonesia by separating three questions that are often conflated: recognition under positive law, characterization as property (māliyyah) in Islamic jurisprudence, and the operational design of zakat administration. The study uses doctrinal legal research with statutory and conceptual approaches. The source corpus was updated through 30 September 2026 and gives priority to primary materials: the P2SK Law, OJK regulations, the OJK-Bank Indonesia-Bappebti transfer documents, tax regulations, official decisions or fatwas of MUI, Muhammadiyah, Nahdlatul Ulama, the Perlis State Fatwa Committee, and Egypt's Dar al-Ifta, together with BAZNAS policy documents. The analysis shows that the transfer of digital-financial-asset supervision to OJK does not itself establish a Sharia characterization of crypto as māl. Fatwa positions are also non-uniform: some conditionally recognize crypto assets, while others prohibit specified forms of dealing. The article therefore rejects a universal 2.5 percent formula for every crypto position. Active trading inventory, long-term holdings, stablecoins, and staking rewards require separate analysis of ownership intention, asset characteristics, source of returns, niṣāb, and ḥawl. It proposes “Zakat 4.0” as an author-developed governance model, not an existing nationwide BAZNAS system, emphasizing OJK-licensed intermediaries, KYC/AML-CFT controls, valuation rules, rupiah conversion, custody safeguards, auditability, and Sharia governance. Zakat and tax are treated as distinct obligations; the gross-income deduction follows PP 60/2010 and PMK 254/2010.

Children with disabilities who become victims of sexual offenses may face communication, evidentiary and service-access barriers during police investigation. This article examines protective measures reported by the Women and Children’s Service Unit at Parepare Police and obstacles to their implementation. The study combines police interview material and an aggregate case summary with analysis of child-protection, disability and sexual-violence legislation. The administrative summary records eight cases involving children with intellectual disabilities: two in 2024, five in 2025 and one in a partial 2026 record. Reported measures include family or guardian accompaniment, psychological and social-work support, identity protection and interagency coordination. The analysis distinguishes the presence of an accompanying person from provision of individualized accommodation, and procedural progress from fulfillment of victim rights. Case counts do not establish prevalence or service effectiveness, and the 2026 record does not represent a complete year. The principal reported obstacles concern specialists, facilities and coordination. The article develops a sequence for needs assessment, accessible communication, verified referrals, information protection and service monitoring. It concludes that protective activity is reported, while consistency and adequacy require case-level evidence of participation, access and recovery.

This article examines integrated-assessment-based rehabilitative diversion for narcotics users through proportional sentencing, differentiation of personal users from traffickers, recovery-oriented sanctions, and safeguards against misuse of diversion. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.

This study examines the position of child sexual violence within the perspective of Tolaki customary law in Kolaka Regency, given that the existing literature on Tolaki customary law predominantly addresses moral customary offenses in the context of adultery (umoapi) between adults, while regulations explicitly addressing child sexual violence remain understudied. This research employs a normative-juridical method using statutory, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials. The findings indicate that child sexual violence under Tolaki customary law falls within the general category of moral customary offenses and may be subject to the peohala sanction in the form of customary fines; however, such customary resolution cannot substitute the national criminal justice process, as child sexual violence constitutes a public offense (delicta publica) whose prosecution remains within the domain of the state. Customary mechanisms may function complementarily as a means of psychosocial recovery for victims through a restorative justice approach, provided they operate alongside, rather than in place of, the criminal justice process. This study recommends strengthening regional legal frameworks and formal cooperation protocols among customary institutions, relevant government agencies, the police, and the prosecutor's office in Kolaka Regency, so that customary resolution is not misused to shield perpetrators from criminal accountability.

This study assesses the effectiveness of law-enforcement efforts against street crime by the Medan City Police (Polrestabes Medan) and identifies internal and external factors affecting implementation. It employs a socio-legal (empirical-juridical) method based on purposive interviews with three Polrestabes Medan officers conducted on 13–14 March 2026, a literature review, and analysis of the manuscript's street-crime report data for 2021–2025. Effectiveness is operationalized through Soerjono Soekanto's legal-effectiveness factors and the available indicators concerning legal basis, patrol implementation, personnel and facilities, community participation, and crime-report trends. The findings show that routine patrols and the JCS (Jaga, Cegah, Sigap or Guard, Prevent, Respond) program function as preventive instruments, but the available evidence is insufficient to establish that JCS itself caused a reduction in street crime because the program began only in December 2025 and no equivalent post-launch time series is available. Effectiveness is therefore assessed as partial and constrained by staffing, the need for stronger program evaluation, community participation, socioeconomic conditions, and narcotics abuse reported by police informants as one relevant risk factor. The study recommends measurable patrol standards, data-based crime mapping, stronger community-reporting mechanisms, and improved inter-functional and inter-agency coordination.

Interfaith marriages solemnized abroad raise legal problems at the intersection of marriage law, population administration, and private international law. This study examines the authority of the Population and Civil Registration Office (Disdukcapil) to receive reports of overseas marriages, assesses the use of Article 56 of the Marriage Law as a basis for administrative recognition, and identifies circumstances in which the deliberate choice of a foreign jurisdiction may amount to legal evasion or fraus legis. The study uses normative legal research with statutory, conceptual, and case approaches. It finds that civil registration is principally administrative and declaratory and therefore does not itself validate the marriage materially under religious law. Nevertheless, the validity of an overseas marriage involving Indonesian citizens remains limited by the statutory requirement that it must not violate the Indonesian Marriage Law. The deliberate transfer of a connecting factor to a foreign jurisdiction may indicate fraus legis when it is intended to avoid mandatory national rules and lacks a genuine connection with the chosen jurisdiction. The unresolved relationship between administrative registration and substantive validity creates potential cancellation risks and legal uncertainty for spouses, children, and good-faith third parties. The article recommends statutory harmonization, clearer indicators of legal evasion, consistent document verification, and stronger protection of children’s civil rights.

Supreme Court Decision Number 1130 K/Pdt/2017 represents an important point in resolving the tension between the patrilineal customary law of the Manggarai community and the principle of equality in Indonesian national law. This study aims to analyse the position of patrilineal customary law within the national legal system, women’s inheritance rights from the perspectives of jurisprudence and human rights, and the judges’ reasoning in correcting custom-based discrimination. The method employed is normative juridical research using statutory, case, and conceptual approaches. Primary legal materials comprise Supreme Court Decision Number 1130 K/Pdt/2017, the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights, and related jurisprudence, while secondary legal materials consist of legal literature, scholarly journals, and books. Data were collected through library research, and analysed using legal interpretation and legal argumentation. The findings show that patrilineal customary law which does not recognise women’s inheritance rights is deemed contrary to Article 27 of the 1945 Constitution and to Law Number 39 of 1999 concerning Human Rights. The Supreme Court has consistently continued the jurisprudence established since Decision Number 179 K/SIP/1961, which equated the inheritance rights of women and men. This study is not the first of its kind, but it offers an analytical contribution by reading the decision as a point at which three legal operations converge  constitutional equality, the conditional recognition afforded by Article 18B paragraph (2), and the authority of Supreme Court jurisprudence and by separating the three in argumentative terms.

Children receive special legal protection against sexual intercourse committed through deceitful means, a series of lies, or persuasion. This article analyses the offence elements, proof, and sentencing reasoning in Decision Number 70/Pid.Sus-Anak/2024/PN Mdn while distinguishing the legal positions of the child victim and juvenile offender. Using normative legal research with statutory and case approaches, it argues that consent or a dating relationship should not be generalised as negating liability where legislation protects children from specified means used to obtain intercourse; nevertheless, such facts must be placed accurately within proof of the charged elements. Deceitful means, a series of lies, and persuasion are alternative elements requiring objective differentiation. Medical evidence establishes clinical findings within its competence but does not by itself prove persuasion or deception. Because the study examines one decision, it does not claim a national pattern of adjudication.

The Special Region of Yogyakarta has a comparatively developed disability-law framework, yet its protection remains centred on children as rights-holders and does not recognize caregiving mothers as independent legal subjects with enforceable entitlements. This article examines a normative gap in the protection of mothers caring for children with autism: the absence of correlative rights for caregivers even though the law assigns them substantial caregiving duties. It is a normative legal study using statutory and conceptual approaches, supported by an illustrative case study in the Special Region of Yogyakarta. The materials comprise national and regional regulations, official data, one semi-structured in-depth interview with a caregiving mother, and publicly available parental testimonies used as supplementary documentation. Eva Feder Kittay’s ethics of care is employed as an evaluative lens for the distribution of care burdens, while correlative rights-and-duties analysis is used to test the legal structure. The findings distinguish implementation failure from a normative gap: children’s rights are formally recognized but are not always implemented, whereas caregivers’ independent rights to long-term support have not been formulated. The interview and media documentation illustrate economic dependency, labour-market exit, therapy costs, and the factual absorption of service gaps by families. The article recommends explicit recognition of caregivers in disability law, minimum support entitlements, gender-neutral caregiving leave, workplace flexibility, and coordination with social-security and child-protection regimes.

This article examines the allocation of restorative justice authority under Law Number 20 of 2025 on the Indonesian Criminal Procedure Code (KUHAP 2025) and formulates safeguards for coherent, voluntary, and reviewable implementation. Using normative legal research, it analyzes Articles 79–88 of KUHAP 2025, related police, prosecution, and Supreme Court regulations, the Sexual Violence Crime Law, and selected systematic reviews only as functional references for process risks and evaluation indicators. The study finds that KUHAP 2025 creates a statutory restorative-justice pathway across inquiry, investigation, prosecution, and trial, but coordination, consent verification, judicial scrutiny, data governance, and equality safeguards require more operational detail. It proposes an authority map, a minimum assessment form, a judicial-scrutiny standard, and monitoring indicators separated into outputs, outcomes, and safeguards. It also distinguishes short-term implementation through standard operating procedures and implementing regulations, medium-term harmonization of sectoral rules, and longer-term legislative refinement. The proposed model treats restorative justice as a rights-sensitive procedure rather than an informal shortcut to case disposal.

Documented accidents at tourism destinations illustrate the need for a legal framework that connects tourists' rights, operators' duties, safety standards, and effective remedies. This article examines legal protection for tourists who become accident victims and reconstructs the liability model for tourism destination operators. It employs normative legal research using statutory, conceptual, and policy approaches; a case approach is not claimed because the manuscript does not establish a defined corpus of accident cases or judicial decisions. The analysis of Law No. 10 of 2009 as most recently amended by Law No. 18 of 2025 finds that Article 20 reformulates and expands tourist rights, Article 23 is deleted, while the operator duties in Article 26 remain central to safety and security. At the same time, changes to the sanction architecture and the absence of an integrated statutory mechanism for safety standards, victim compensation, and attribution of management failure justify further reconstruction. Administrative, civil, and criminal liability are treated as legal-consequence regimes, whereas corporate responsibility is treated as a subject-and-attribution dimension operating across those regimes. The proposed model integrates an Indonesian-law-based duty of care, operational indicators of management failure, risk governance, and clearer remedial pathways.

Advances in blockchain technology have given rise to various forms of digital assets, including crypto assets and tokenized assets representing particular rights and economic interests, thereby creating new challenges for Indonesia's civil-law system. This study examines whether Indonesian civil-law constructs can accommodate crypto-asset developments by comparing regulatory approaches in several jurisdictions. It employs normative legal research using statutory and conceptual approaches, supported by an analysis of legislation, doctrine, and legal literature. The findings show that the United States, Japan, and Singapore apply regulatory approaches based on the functions and economic characteristics of crypto assets, whereas Indonesia continues to regulate them only partially through Bappebti regulations and Law Number 4 of 2023 on Financial Sector Development and Strengthening, which focus on financial-sector supervision. Although Article 499 of the Indonesian Civil Code permits tokenized assets to be classified as intangible property, legal certainty is still lacking regarding their civil-law status, mechanisms for transferring rights, inheritance, and the protection of property rights. Accordingly, legislation at the level of an Act is needed to integrate civil law, financial-sector regulation, and the legal regimes governing underlying assets, thereby ensuring legal certainty while supporting digital-asset innovation in Indonesia.

Sexual violence committed in armed conflict may constitute a war crime when a sufficient nexus to the armed conflict and the specific offense elements are established. In a distinct legal category, sexual violence may constitute a crime against humanity when it forms part of a widespread or systematic attack directed against a civilian population and the perpetrator acts with the required knowledge. This normative legal study examines the binding force of international treaties, customary international law, and relevant enforcement mechanisms through the Geneva Conventions, the Additional Protocols, the Rome Statute, and international criminal jurisprudence. The study finds that offense classification must be clearly separated from jurisdiction. Treaty ratification is not the sole source of international obligation, but ICC jurisdiction does not arise automatically in relation to a non-party state. Effective enforcement therefore requires a combination of domestic implementing law, a valid jurisdictional basis, international cooperation, proof of contextual elements, and meaningful protection for victims.

Visa and residence permit policies are legal instruments of immigration governance that regulate the mobility of business actors, foreign workers, investors, and global talent while safeguarding state sovereignty and security. Within ASEAN, Indonesia, Singapore, and Malaysia have developed different policy designs to accommodate business and investment mobility. This study compares the legal frameworks governing visas and residence permits in the three countries, assesses their normative-administrative effectiveness in supporting the business climate, and formulates directions for Indonesian legal reform. It employs normative legal research using statutory, comparative, and conceptual approaches. Primary legal materials consist of immigration laws and policies of Indonesia, Singapore, and Malaysia, complemented by secondary legal materials and analyzed through a descriptive-comparative method. The analysis adopts the perspectives of ius constitutum, ius operatum, and ius constituendum. The study finds that Singapore operates a selective yet adaptive system through differentiated immigration pathways for investors and skilled professionals, supported by digitalized services and relatively clear institutional specialization. Malaysia relies on a pass-based regime and long-term residence programmes that are comparatively competitive for investors, professionals, and expatriates. Indonesia has undertaken reforms through visa simplification, digitalization, and the Golden Visa scheme, but still faces regulatory fragmentation, inter-agency coordination challenges, and the need for stronger legal certainty and service integration. Normatively, a simple, transparent, digital, and risk-based policy design is more compatible with business mobility while preserving immigration control. Indonesian reform should therefore focus on regulatory harmonization, institutional integration, service standards, and periodic evaluation of economic benefits and immigration risks.

Indirect evidence in bid-rigging cases raises the question of when circumstantial indications become legally sufficient proof. This article examines KPPU Decision No. 17/KPPU-L/2022, Supreme Court Decision No. 523 K/Pdt.Sus-KPPU/2024, and Ibn Qayyim Al-Jauziyah's concepts of al-bayyinah and qarinah. The study employs normative legal research using statutory, conceptual, and case approaches and qualitative doctrinal analysis. It finds that indirect evidence is not a separate evidentiary category beyond Article 42 of Law No. 5 of 1999, but an inferential method based on recognized sources. KPPU regarded the initial tender cancellation, changes in the procurement team and documents, and the outcome of the repeated tender as evidence of coordination. The Supreme Court found the evidentiary connection between these events and prohibited cooperation insufficient. Within a comparative qarinah framework, these indications are more appropriately characterized as qarinah zanniyyah than qarinah qatiʿah. The article proposes a reasoned standard requiring established facts, clear inferential links, examination of lawful alternative explanations, and transparent judicial justification.

This article examines automated marketplace decisions that reduce product rankings or restrict merchant accounts through procedural fairness, explainability, human review, and legal remedies for merchants affected by automated platform governance. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.

Hak ekonomi perempuan pasca-perceraian dalam perkara cerai gugat kerap tidak terwujud meskipun Mahkamah Agung telah menyediakan dasar aturannya. Penelitian yuridis normatif ini menggunakan pendekatan perundang-undangan, konseptual, dan kasus, dengan Putusan Pengadilan Agama Probolinggo Nomor 123/Pdt.G/2024/PA.Prob sebagai instansi pengujian, memadukan teori jenjang norma dan maqashid al-syari’ah, serta menganalisis bahan hukum secara kualitatif melalui penafsiran sistematis-teleologis dan analisis isi terhadap pertimbangan hukum putusan. Penelitian ini menemukan empat hal. Pertama, terjadi inversi hierarki. Norma yang meniadakan hak berbentuk pasal Kompilasi Hukum Islam yang bekerja otomatis, sedangkan norma yang memulihkannya berbentuk rumusan kamar agama dalam Surat Edaran Mahkamah Agung yang fakultatif. Kedua, terdapat kontradiksi kelembagaan, karena Mahkamah Agung sendiri menegaskan bahwa peraturan kebijakan tidak dapat diuji hakim, sementara hak substantif perempuan justru diletakkan pada instrumen berjenis peraturan kebijakan. Ketiga, terdapat ketidaksesuaian materi muatan, yakni substansi hukum materiil diangkut oleh wadah yang dirancang untuk hukum formil. Keempat, kerapuhan perlindungan berlapis dua, yaitu pada status norma dan pada pelaksanaannya, sekaligus merupakan manifestasi kelembagaan dari terpinggirkannya hifz al-mal. Implikasinya, perbaikan tidak dapat ditempuh melalui sosialisasi melainkan melalui pemindahan materi rumusan kamar agama menjadi Peraturan Mahkamah Agung, reformulasi Pasal 149 Kompilasi Hukum Islam, dan pengaktifan Pasal 95 ayat (1) sebagai instrumen preventif.

This study examines the adequacy of Indonesia's administrative law framework in safeguarding due process when government decisions are made or materially influenced by algorithmic systems. Using prescriptive doctrinal legal research, the study integrates statutory, conceptual, case, and functional comparative approaches and maps the legal framework through 54 indicators within a Six-Layer Administrative Due Process Model (DPA-6). The mapping identifies 19 indicators as available, 24 as ambiguous, and 11 as not yet specifically regulated. Existing law provides important foundations through legality, the General Principles of Good Governance, personal data protection, administrative remedies, electronic evidence, audit mechanisms, the Ombudsman, and administrative adjudication. The principal gaps concern meaningful human review, risk classification, algorithmic impact assessment, bias testing, system versioning, contestable explanations, and decision-level audit trails. The study proposes DPA-6 as an integrated lifecycle model covering legality and risk, pre-decision duties, notice and explanation, meaningful human review, effective administrative remedies, and audit, adjudication, and remediation. The model links citizens' rights, official responsibility, documentation, oversight, and remedies while preserving proportionality according to decision risk.

This study compares the offense of adultery under Article 411 of Law Number 1 of 2023 concerning the Criminal Code with discussions of adultery, siri’ and malaweng in Bugis customary-law scholarship. It uses normative legal research, combining statutory interpretation with a qualified review of written customary-law and ethnographic materials. The comparison addresses the prohibited act, protected interests, persons entitled to initiate proceedings, competent authorities, sanctions, objectives and sphere of application. Article 411 punishes sexual intercourse with a person other than one’s spouse, including intercourse between unmarried persons, and makes prosecution dependent on a complaint from statutorily designated family members. Cohabitation is a separate offense under Article 412. In the Bugis materials considered, breaches of sexual propriety may also implicate family honor and social relationships; however, malaweng is a broader category and customary procedures and sanctions vary by community and time. The article finds points of convergence in the protection of marriage and social order, but cautions against treating plural customary norms as a single enforceable regime. Customary reconciliation does not independently displace the procedural requirements of Article 411. The proposed framework requires location-specific empirical validation before claims can be made about contemporary customary enforcement.

This study aims to analyze the effectiveness of alternative methods in resolving labor disputes between employees and employers. The issue addressed is the continued dominance of litigation, which tends to be time-consuming, costly, and less likely to produce mutually beneficial solutions. Therefore, this research focuses on Alternative Dispute Resolution (ADR) methods, such as mediation, conciliation, and arbitration, as more effective and equitable mechanisms for dispute settlement. The research employs a normative juridical approach with qualitative analysis, utilizing secondary data in the form of laws and regulations, legal literature, and previous studies relevant to labor dispute resolution. The analysis is conducted descriptively and analytically to examine the effectiveness and implementation of ADR in Indonesia. The findings indicate that ADR methods, particularly mediation, play an important role in resolving labor disputes more quickly, flexibly, and in a manner that promotes mutually beneficial outcomes. However, their effectiveness still faces several challenges, including limited mediator competence, lack of understanding among the parties, and certain regulatory obstacles. In conclusion, ADR constitutes an important instrument for resolving labor disputes outside the court system; however, it requires stronger regulatory support, enhanced mediator capacity, and broader public awareness among the parties in order to ensure optimal legal certainty and justice.

This article critically analyses unlawful-act liability in the regulation and supervision of online lending by Indonesia's Financial Services Authority (OJK) through Cassation Decision Number 1206 K/Pdt/2024. It expressly separates the court's ratio and dispositive order from the authors' normative evaluation. The study uses normative legal research with statutory and case approaches, examining the LPBBTI rules applicable during the disputed period, subsequent regulatory developments up to 31 August 2026, and the elements of Civil Code Article 1365. The analysis focuses on the legal source of OJK's duty, unlawfulness, fault, loss, and causal connection, as well as the remedial character of a citizen lawsuit. It argues that supervisory failure cannot be inferred merely from consumer loss; causation must be tested through a specific legal duty, regulatory capacity to prevent the relevant risk, causal proximity, and the remedy sought. The decision is therefore treated as an object of critical legal analysis rather than authority for the proposition that OJK is civilly liable for every loss associated with online lending.

This article examines criminal liability for demonstration documentation by rigorously separating three distinct legal bases: recording an event, disseminating the resulting material, and intentionally assisting an underlying offence. Bandung District Court Decision No. 1027/Pid.Sus/2025/PN Bdg is used as a normative case study. The analysis combines statutory, case, and conceptual approaches to Law No. 1 of 2024 on Electronic Information and Transactions, Constitutional Court Decision No. 105/PUU-XXII/2024, and the former Criminal Code rules on criminal assistance applicable to the August 2025 tempus delicti. The study finds that the absence of professional-journalist status does not by itself make recording or dissemination “without right”. Criminal assistance requires intentional and functionally relevant facilitation of the principal offence; recording conduct after a completed violent act therefore does not automatically assist that completed act. Following Constitutional Court Decision No. 105/PUU-XXII/2024, Article 28(2) in conjunction with Article 45A(2) must be confined to intentional and public identity-based hate content that creates a real risk of discrimination, hostility, or violence. A closed WhatsApp transmission must consequently be distinguished from broader public social-media publication, while hostility toward the police as a state institution cannot simply be equated with hatred based on the protected identity grounds. The district-court decision is treated as an illustration of first-instance judicial reasoning rather than binding precedent.

This article analyzes the architecture of corporate legal liability for environmental pollution caused by processed-food industry waste in Indonesia and uses PT Mayora Indah Tbk only as a documentary illustration, not as an allegation of violation. The study applies normative legal research with statutory, conceptual, and limited judicial-reference approaches. It distinguishes administrative, civil, and criminal liability; clarifies the polluter-pays principle and Article 87 civil liability; re-examines strict liability under Article 88 after the Job Creation amendments; and separates corporate attribution from the liability of directors or persons giving orders under Articles 116–119 of the Environmental Protection and Management Law and Supreme Court Regulation Number 13 of 2016. Corporate annual and sustainability disclosures are treated as self-reported evidence whose legal weight is limited unless verified against permits, technical approvals, monitoring data, inspections, PROPER results, or enforcement records. The article proposes a documentary-compliance matrix and an evidence-preservation model for wastewater cases. It concludes that Indonesia has multiple liability channels, but legal comprehensiveness should not be confused with enforcement effectiveness or proof of compliance by any particular company.

This study examines the legal qualification of mortgage creditors as bona fide third parties in the confiscation of assets related to corruption and evaluates the legal certainty of their protection. It employs normative legal research using statutory and conceptual approaches. The analysis focuses on the Mortgage Law, the Anti-Corruption Law, Supreme Court Regulation Number 2 of 2022, the United Nations Convention against Corruption, and the principles of legal certainty, justice, and utility. The study finds that a mortgage creditor may qualify as a third party because the creditor holds an independent registered security right and stands outside the offender's criminal liability. Good faith requires more than a valid Mortgage Certificate; it also depends on a genuine credit transaction, lawful registration, prudent examination of the collateral, reasonable timing and value, and the absence of knowledge or involvement in the offence. Existing law provides a substantive basis for protection but remains procedurally uncertain because Supreme Court Regulation Number 2 of 2022 does not expressly include mortgage creditors among eligible applicants. Legal certainty therefore requires explicit procedural standing, adequate notice, balanced evidentiary burdens, and a clear remedy, such as preserving the mortgage, separating the secured amount from sale proceeds, or paying the verified outstanding debt before the remainder is recovered by the state.

This study analyzes proof of the element of premeditation (voorbedachte raad) in Judgment No. 551/Pid.B/2025/PN Rap. Because the offense and judgment occurred in 2025, the temporally applicable offense provision is Article 340 of the former Indonesian Criminal Code, while Article 459 of Law No. 1 of 2023, effective from 2 January 2026, is used only as a prospective comparison. Using normative legal research with statutory and case approaches, the article evaluates whether the facts described in the judgment demonstrate a calmly formed intent, a sufficient opportunity for reconsideration, and execution that was not merely an immediate emotional outburst. No fixed time interval is treated as determinative; premeditation must be inferred from the complete factual sequence and the court’s legal reasoning.

This study analyzes the transformation of marriage-guardian (wali) authority in contemporary Muslim society and formulates the appropriate limits of family intervention in spouse selection from the perspective of Islamic law. It asks how guardian authority has shifted from coercive power toward consent and accompaniment, and how the boundary between protective and restrictive intervention can be formulated operationally. The study employs qualitative library research using normative-juridical and socio-historical approaches. Primary materials include the Compilation of Islamic Law and marriage legislation, while secondary materials consist of journal articles and previous studies, all examined descriptively, analytically, and interpretively. The findings show that the transformation of guardian authority proceeds asynchronously because Islamic thought, positive law, and social reality change at different speeds. Legitimate intervention should be determined by the existence of dharar (harm) affecting the substance of marriage under the framework of maqasid al-shari'ah, rather than by family social status or subjective preference. The guardian's role can therefore be reconstructed as that of a protective partner through the principle of mubadalah (reciprocity). This framework offers practical guidance for religious courts and Offices of Religious Affairs in balancing the protective function of guardianship with respect for women's autonomy.

This study aims to analyze the legal certainty and implementation effectiveness of electronic signatures (TTE) within the electronic official document management system at UIN K.H. Abdurrahman Wahid Pekalongan, as well as to identify the factors influencing their application. This study employs a legal research method using an empirical juridical approach. Data were collected through literature review, interviews, and observations, and subsequently analyzed qualitatively using legal effectiveness theory and policy implementation theory. The findings indicate that the implementation of electronic signatures is currently underway, supported by consistent leadership and adequate electronic signature applications. However, its effectiveness remains sub-optimal due to the lack of comprehensive internal regulations governing usage procedures, validity assurance, and troubleshooting mechanisms for electronic signatures. Furthermore, staff understanding and dissemination still need improvement, the electronic certificate renewal process requires multi-tiered coordination with the Ministry of Religious Affairs and the Electronic Certification Center (BSrE), and incoming mail disposition is still carried out manually. Based on these findings, it is necessary to strengthen internal regulations, enhance human resource competencies, plan electronic certificate renewals, and establish standardized mechanisms for handling technical issues. Consequently, the effectiveness of electronic signature implementation relies not only on technological availability, but also on regulatory certainty, human resource readiness, and integrated institutional governance support.

This article examines transparency of paid product rankings on marketplace platforms through legal certainty, consumer decision-making, ranking transparency, and the boundary between commercial disclosure and protection of platform trade secrets. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.

This study examines the differing interpretations between the Business Competition Supervisory Commission (KPPU) and the Supreme Court regarding the evidentiary standard for tender collusion in Supreme Court Decision Number 523K/Pdt.Sus-KPPU/2024, as well as the legal grounds relied upon by the panel of judges of the Supreme Court in annulling KPPU Decision Number 17/KPPU-L/2022. KPPU had previously ruled that tender collusion occurred and imposed a monetary fine, a decision subsequently upheld by the Central Jakarta District Court. At the cassation level, however, the Supreme Court overturned the ruling on the grounds that no direct or indirect evidence was found indicating cooperation or a request from the tender participants to the project owner. This research employs a normative legal method with a qualitative approach, relying on secondary data consisting of primary, secondary, and tertiary legal materials gathered through library research and analyzed descriptively. The findings show that the divergence between the two institutions lies in the standard of proof applied: KPPU considered it sufficient that one tender participant obtained a benefit, whereas the Supreme Court required two cumulative elements, namely a benefit to the tender participant and an agreement or request originating from that participant. This divergence indicates that the stricter evidentiary standard adopted by the Supreme Court provides greater legal certainty, but risks narrowing KPPU's authority to act against covert forms of tender collusion.

The prudential principle is a central legal foundation of bank lending because it protects asset quality, depositors' funds, and financial-system stability. This study examines the legal framework governing prudential lending by rural banks (Bank Perekonomian Rakyat, BPR) and evaluates its implementation in credit compliance at BPR Barelang Mandiri in Batam City. It employs empirical legal research using statutory and case approaches. Primary data were obtained through interviews with personnel in marketing, risk management, collateral appraisal, and collections; secondary data were drawn from legislation, scholarship, and the bank's public financial report. The data were analyzed descriptively and qualitatively through Lawrence M. Friedman's legal system theory. The findings show that the bank translates prudential duties into 5C analysis, document and credit-history verification, functionally separate collateral appraisal, tiered approval, exposure limits, and post-disbursement monitoring. Yet a gross non-performing-loan ratio of 12.85 percent in March 2026 demonstrates a material gap between procedural compliance and the substantive effectiveness of credit-risk control. Stronger assessment of borrower character and capacity, closer monitoring of productive loans, continued inter-unit independence, and more systematic documentation of remedial action are therefore required.

Civil procedural law in Indonesia generally adopts the concept of formal truth, which is based on the facts and evidence presented by the parties in court. The application of this concept is related to the passive judge principle, which limits the judge's role in assessing the parties' arguments and evidence in order to maintain judicial neutrality and procedural certainty. However, the dominance of formal truth may create a gap between procedural and substantive justice due to economic disparities, unequal access to legal assistance, differences in access to information, and disparities in the parties' ability to present evidence. This study aims to analyze the weaknesses of the dominance of formal truth and formulate a limited material truth model in civil procedural law. This normative legal research employs statutory, conceptual, case, and philosophical approaches. The results show that formal truth has limitations in revealing the actual truth because it depends on the parties' ability to prove their claims. The full application of material truth may also potentially undermine judicial impartiality. Therefore, a limited material truth model is needed through objective parameters, including inequality between the parties, indications of evidence manipulation or abuse of legal process, and the need to realize substantive justice. This model is expected to balance legal certainty, procedural justice, and substantive justice.

The expansion of the video game industry in Indonesia has intensified modding as a form of digital creativity while also exposing uncertainty over the legal boundaries of copyright protection for game characters. This article examines the legal status of video game characters, the qualification of unauthorized modding under Indonesian copyright law, and the regulatory reconstruction required to address the resulting grey areas. The study employs normative legal research using statutory, conceptual, comparative, and case approaches. Its principal legal materials include Law Number 28 of 2014 on Copyright, digital-law instruments, derivative-work doctrine, end-user licence agreements, technological protection measures, and scholarship on modding practices. The analysis finds that modding involving adaptation, transformation, public distribution, commercialization, or circumvention of technological protection measures may engage the exclusive rights of copyright holders, while private, non-commercial and non-distributive modifications remain less clearly regulated. The article develops a three-tier regulatory framework combining risk-based legal classification, institutionalized community licensing, and proportionate platform accountability. This framework is intended to protect legitimate copyright interests without eliminating socially valuable forms of participatory digital creativity.

Urban waste management at the Bantar Gebang Integrated Waste Management Site (TPST) faces various challenges in achieving sustainable development while fulfilling government responsibilities. This study analyzes the fulfillment of the environmental dimensions of the Sustainable Development Goals (SDGs), together with the legal constraints and implications of the accountability of the Provincial Government of DKI Jakarta. The findings show that the fulfillment of the SDGs, particularly Goals 11, 12, and 13, remains suboptimal because open dumping continues to be prioritized in the waste-management process despite its prohibition under Law Number 18 of 2008. This condition has indirectly contributed to the accumulation of 55 million tons of waste, environmental pollution, and a waste landslide that killed several people in March 2026. The main obstacles to effective waste management include ambiguity in cross-jurisdictional authority between Jakarta and Bekasi, dependence on environmentally unfriendly technology, and weak administrative-law enforcement. The legal implications include non-compliance with administrative sanctions, the potential for class actions and citizen lawsuits under Law Number 32 of 2009, and the designation of the former Head of the DKI Jakarta Environmental Agency as a criminal suspect. The study concludes that government accountability remains ineffective and requires systemic and governance improvements, including source-based waste reduction, optimization of environmentally friendly technology, and stronger interregional coordination.

This article examines how educational management can be reconstructed as a governance mechanism for fulfilling and protecting students' rights within Indonesian education law, particularly following the 2026 regulatory shift toward a Safe and Comfortable School Culture. Using normative legal research, the study combines statutory and conceptual approaches. Primary legal materials include constitutional guarantees, education, child-protection, disability and personal-data legislation, as well as the latest school-management and safe-school regulations. Secondary materials comprise recent Indonesian and international peer-reviewed scholarship on education rights, inclusion, student voice, school leadership, safety and institutional accountability. The analysis finds that students' rights extend beyond formal access to schooling and encompass continuity of learning, substantive equality, physical and psychological safety, sociocultural and digital security, reasonable accommodation, meaningful participation, accessible complaints and effective remedy. The article develops a Rights-Based School Governance (RBSG) model with six interdependent dimensions: legal alignment and rights mapping; inclusive planning and equitable resource allocation; a safe and dignified learning environment; meaningful student participation; accessible complaint, response and remedy; and rights-based monitoring, evaluation and accountability. The model translates abstract legal duties into auditable managerial processes while preserving professional authority and institutional proportionality.

This article examines how educational management can operate as a governance mechanism for fulfilling and protecting students' rights within Indonesian education law following the 2026 Safe and Comfortable School Culture reform. The study uses normative legal research combining statutory and conceptual approaches with a structured purposive review of relevant scholarship. The analysis maps legal bases, duty-bearers, managerial functions, implementation mechanisms, and auditable evidence. The findings organize students' rights into access and continuity, equality, safety, reasonable accommodation, participation, and accessible complaint and remedy. From this synthesis, the article proposes a Rights-Based School Governance (RBSG) model with six parallel dimensions: legal alignment and rights mapping; inclusive planning and equitable resource allocation; a safe and dignified learning environment; meaningful student participation; accessible complaint, response and remedy; and rights-based monitoring, evaluation and accountability. The model translates legal duties into process ownership, documentary evidence, proportional safeguards, and review triggers while also recognizing procedural protection for educators. RBSG is a normative construction rather than an empirically validated intervention. Its feasibility, administrative burden, indicator validity, and effects on safety, inclusion, trust in complaint mechanisms, and continuity of learning therefore remain propositions for future multi-site empirical testing.

This article examines the integration of environmental approval into mining business licensing following the consolidation of Indonesia's risk-based licensing regime. It employs normative legal research using statutory, conceptual, and critical policy approaches, supported by an inventory and systematic interpretation of primary legal materials and recent scholarship. The study finds that integration can improve procedural certainty, but it also produces four accountability-risk indicators: blurred separation between environmental assessment and license issuance, incomplete public decision trails, asymmetric central-regional supervisory authority, and a weak operational link between environmental violations and the status of business licenses. These risks are particularly significant in mining because ecological impacts are spatial, cumulative, and long term. The article proposes a five-stage ecological accountability framework covering pre-licensing, license issuance, supervision, sanctions, and restoration. The framework requires meaningful public participation, accessible environmental data, field verification, responsibility of permit holders and beneficial controllers, and enforceable reclamation and post-mining guarantees. The central argument is that procedural simplification is legally acceptable only when it does not become substantive deregulation of environmental control.

Continuous Voter Data Updating shifts Indonesian voter-list governance from a predominantly episodic model toward data maintenance throughout the electoral cycle. This study examines the normative position of PDPB, its functional relationship with voter-list updating during formal election stages, and its implications for protecting voting rights. The study uses normative legal research with statutory, conceptual, and analytical approaches. Its principal legal materials include election legislation, KPU regulations on PDPB and voter-list preparation, population-administration law, personal-data-protection law, and Constitutional Court decisions concerning voting rights. The findings show that PDPB and election-stage updating are complementary rather than substitutive. PDPB maintains the voter database between elections, while election-stage procedures provide factual verification, correction, public scrutiny, and final legal establishment. The appropriate design is an integrated cycle linking population-data synchronization, field verification, Bawaslu oversight, public participation, and privacy safeguards. The article therefore reframes PDPB as a preventive constitutional-rights mechanism embedded in electoral governance. It also proposes an operational matrix for evaluating legal basis, institutional responsibility, verification, privacy protection, participation, and measurable performance indicators

This study examines the legal protection attached to special sovereign debt instruments in Indonesia through Patriot Bonds and Merah Putih Bonds under Article 50A of Law No. 4 of 2026 amending Law No. 4 of 2023 on Financial Sector Development and Strengthening, and compares it with Argentina’s asset-disclosure and tax-regularization regime under Law No. 27,260 of 2016, including the bond-related facilities provided within that framework. The study employs statutory financial immunity as an analytical category rather than as an established statutory classification to evaluate whether exceptional investor protection extends beyond legitimate investment certainty and materially limits ordinary criminal, civil, tax, evidentiary, or investigative mechanisms. The central issue concerns the tension between investor protection and state-financing objectives, on the one hand, and the rule of law, accountability, tax transparency, and anti-money laundering enforcement, on the other. Using a normative juridical method with statutory, conceptual, historical, and comparative-law approaches, the study analyzes primary, secondary, and tertiary legal materials through systematic, historical, conceptual, and comparative interpretation. The findings show that the Indonesian framework attaches significant statutory protection directly to qualifying purchases of Patriot Bonds and Merah Putih Bonds, whereas Argentina links bond-related benefits to prior asset disclosure, fiscal regularization, eligibility requirements, and continuing compliance obligations. The comparison further demonstrates that legal protection affecting prosecution, taxation, evidentiary use of financial data, and access to information requires clear limitations, source-of-funds safeguards, and effective institutional oversight. The study concludes that the Indonesian framework may be characterized as a potential bond-based model of statutory financial immunity only where the operative legal provisions cumulatively satisfy the conceptual criteria developed in this study. Any such protection can be normatively justified only if it remains limited, conditional, proportionate, risk-based, and compatible with effective enforcement against money laundering, tax crimes, and other serious economic offences.

Capital punishment remains one of the most debated sanctions in criminal law, raising questions about enforcement effectiveness and human rights protection. Indonesia and Thailand, both retentionist states in Southeast Asia, retain the death penalty despite differing regulatory characteristics and reform trajectories. This study analyzes convergence and divergence in capital punishment regulation between the two jurisdictions and examines implications for criminal law reform in Southeast Asia. Using a normative comparative legal method combining statutory, conceptual, and functional approaches, the study draws on primary legal materials, including legislation and international instruments such as the ICCPR and its Second Optional Protocol, alongside Scopus-indexed literature. Findings show both countries converge in retaining capital punishment for serious offenses, particularly premeditated murder and drug crimes, yet diverge in reform models. Indonesia's 2023 Criminal Code introduces a conditional death penalty with a ten-year probationary mechanism permitting commutation, while Thailand pursues a restrictive model narrowing death-eligible offenses and regulating execution procedures. Neither state has ratified the Second Optional Protocol; reform reflects domestic accommodation of ICCPR Article 6 rather than treaty-mandated abolition. Applying Nelken's theory of legal divergence, the study concludes that shared international pressures produce distinct, domestically mediated reform pathways rather than uniform regional convergence toward one model.

Reform of criminal procedural law through Law Number 20 of 2025 concerning the Criminal Procedure Code (New Criminal Procedure Code) brings changes to the regulation of legal action and detention. This article analyzes the limits of the public prosecutor's authority in filing appeals and cassation when the defendant's detention period has ended, from the perspective of human rights, legal certainty, proportionality and correctional overcapacity. This research uses normative juridical methods with statutory, conceptual, case and comparative approaches. The research results show that the end of the detention period does not automatically eliminate the public prosecutor's right to file legal action. However, the end of the detention period ends the previous basis for detention, so that detention at the appeal or cassation stage must be based on new authority and determinations in accordance with the New Criminal Procedure Code. Detention without a valid legal basis has the potential to violate the right to freedom and legal certainty. Specifically for acquittal decisions, defendants who are still detained must be released from the moment the decision is pronounced and an acquittal decision cannot be challenged by cassation. Therefore, it is necessary to harmonize norms and strengthen judicial supervision so that legal measures are not misused as a means of maintaining detention and to guarantee the protection of human rights.

The blue economy is a development paradigm that emphasizes the sustainable use of marine resources by paying attention to ecological, social and economic aspects. Indonesia as a maritime country has great potential to develop a blue economy, but its implementation still faces various obstacles, both from a regulatory and institutional perspective. This article aims to analyze the strengthening of the blue economy law through the role of the Red and White Village/Subdistrict Cooperative as a forum for the people's economy. The research method used is a juridical-normative approach by examining related laws and regulations, legal doctrine, and cooperative institutional construction. The results of the analysis show that the Red and White Village/Subdistrict Cooperative normatively has the potential as an institutional instrument in supporting the blue economy through the function of organizing community businesses, strengthening the marine economic value chain, distributing economic benefits, and empowering coastal communities. However, the legal framework that regulates the relationship between cooperative law, maritime law and the principles of environmental sustainability still shows a fragmentation of norms so that harmonization of regulations and strengthening of sectoral policies is needed. The conclusions of this research are limited to a normative analysis of the legal design and institutional potential of cooperatives, not to measuring the actual effectiveness of cooperatives as blue economy actors because they have not been supported by empirical testing of institutional performance, governance capacity, or economic and ecological impacts at the community level. Further research needs to be directed at empirical studies regarding the effectiveness of the Red and White Village/Kelurahan Cooperatives in blue economy practices, including aspects of governance, access to financing, supply chains, environmental compliance, and their contribution to improving the welfare of coastal communities.

This article examines the tension between legal pluralism and deregulation in Indonesia’s customary forest recognition framework, focusing on the persistence of layered administrative requirements for rights that are constitutionally acknowledged. The study employs a juridical approach combining statutory, conceptual, and case analyses. It examines the 1945 Constitution of the Republic of Indonesia, Law Number 41 of 1999 on Forestry, the post-Job Creation regulatory framework, and Constitutional Court Decision Number 35/PUU-X/2012. The analysis finds a regulatory asymmetry: deregulation has simplified and accelerated business access to forest-related resources, while customary forest recognition remains dependent on prior recognition of indigenous legal communities and, in particular regulatory configurations, regional legal instruments. This dependency transforms recognition that should be declaratory into a procedure resembling constitutive state authorization. The article proposes a declaratory recognition model based on registration and legal verification, time-bound administrative decisions, interim protection for claimed territories under review, integrated participatory mapping, and an objection mechanism for third parties. Under this model, the state confirms a pre-existing legal status rather than creating the underlying customary right. Such reconstruction would align legal certainty with constitutional recognition, reduce procedural inequality, preserve safeguards against overlapping claims, and make deregulation compatible with legal pluralism and ecological justice.

This study examines the discourse surrounding the proposed increase in Indonesia’s state budget (APBN) deficit beyond the statutory ceiling of 3% of GDP through a Government Regulation in Lieu of Law (Perppu). The research is motivated by intensifying global economic pressures arising from geopolitical tensions in the Middle East, particularly disruptions to global energy supply chains that may significantly affect Indonesia as a net oil-importing country. Nevertheless, this study argues that external shocks alone do not account for fiscal deficit pressures, as internal fiscal inefficiencies and policy choices may also contribute to the deterioration of the fiscal position. From a constitutional and legal perspective, the proposed policy must be assessed against Law No. 17 of 2003 on State Finance and Article 22 of the 1945 Constitution, as interpreted by Constitutional Court Decision No. 138/PUU-VII/2009, which establishes the constitutional parameters for the issuance of a Perppu based on the existence of a “compelling urgency.” This research employs a normative juridical method complemented by statistical analysis of global oil price movements, fiscal deficit developments, and capital outflow indicators. The analysis focuses on whether the proposed expansion of the deficit ceiling is attributable exclusively to external economic shocks and whether the issuance of a Perppu satisfies the constitutional requirements of a “compelling urgency.” The study argues that the proposed policy may not fully satisfy this constitutional criterion because a portion of the fiscal pressure derives from internally generated inefficiencies, creating what may be characterized as a form of “self-inflicted urgency.” Accordingly, mechanisms provided under the existing budgetary framework, particularly an amendment to the APBN (APBN-P), may constitute a more constitutionally appropriate and procedurally accountable alternative to the issuance of a Perppu.

Non-ASN lecturers play a substantive role in higher education by carrying out teaching, research, community service, academic supervision, and scientific development. However, their academic obligations are not always followed by adequate legal protection of income and welfare. This article examines the position of academic welfare for non-ASN lecturers within the framework of the welfare state and formulates a new direction of state responsibility in ensuring decent income in higher education. This study uses normative legal research with statutory, conceptual, and policy approaches. The findings show that academic welfare is not merely an internal employment issue between lecturers and higher education institutions, but a legal issue connected to the public function of higher education, university autonomy, and the constitutional mandate of the state. Academic welfare should be understood as a minimum protection framework that enables lecturers to perform the tridharma of higher education with dignity, productivity, and sustainability. The state’s responsibility must therefore be directed toward establishing minimum income standards, ensuring social protection, clarifying legal status, integrating lecturer welfare into higher education funding policy, and placing academic welfare as part of higher education quality assurance.

This study analyzes how career women manage dual roles to maintain family resilience and examines those experiences through Islamic law (Maqashid Sharia) and Indonesian positive law. The case study focuses on married female employees at STAI As-Sunnah Deli Serdang. Data were obtained through in-depth interviews, observation, and institutional documents and were analyzed using the Miles and Huberman interactive model, with triangulation across available sources. The findings indicate that family resilience is supported by participatory spousal cooperation (ta'awun), support from extended family or domestic assistance, and flexible priority management. From a Maqashid Sharia perspective, paid work may support hifz al-din, hifz al-'aql, and hifz al-mal, while pressures arising from workload and caregiving require attention to hifz al-nafs and hifz al-nasl. The legal review also shows that the reported internal practice of 30 days of maternity leave should not be assessed solely under Article 82 of Law No. 13 of 2003. The current framework includes Law No. 4 of 2024 on Maternal and Child Welfare, which provides a maternity-leave entitlement of at least three months and allows an additional period in specified conditions. Because the manuscript does not include the institution's final formal policy document or complete employment-status data, a definitive finding of institutional non-compliance requires documentary verification.