Adagium: Jurnal Ilmiah Hukum is a periodical academic journal published by PT Meja Ilmiah Publikasi. This journal specifically studies law and is able to present various results of current and prominent scientific research. The journal's administrator accepts articles that contribute to the development of law and the environment from scientists, academics, professional writers, and researchers. This journal contains research findings, summaries of famous figures, or reviews that are innovative and solution-oriented in the field of law. Articles in this journal are published twice a year, in January and July.
On Process
Published: 2026-07-27
Articles
Copyright Protection of Video Game Characters in Indonesia: Unauthorized Modding, Derivative Works, And A Three-Tier Regulatory Framework
238-256
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.
Effectiveness of Government Accountability in Sustainable Development-Based Urban Waste Management (SDGs): Case Study of the Bantar Gebang Integrated Waste Management Site
257-272
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.
Rights-Based School Governance in Indonesia: Reconstructing Educational Management for Student Protection Under the 2026 Safe and Comfortable School Culture Framework
273-299
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.
Educator Management Policy from the Perspective of Education Law: Between Professionalism and Rights Protection
300-315
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.
Integrating Environmental Approval into Mining Business Licensing: Corporate Accountability and Ecological Risk
316-337
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 and Election-Stage Verification: Protecting Constitutional Voting Rights in Indonesia
338-350
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
Bond-Based Legal Immunity and the Rule of Law: A Comparative Study of Indonesia’s Patriot and Merah Putih Bonds With Argentina’s Treasury Bond Amnesty Scheme
351-379
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.
Convergence and Divergence in the Regulation of Capital Punishment in Indonesia and Thailand: Implications for Criminal Law Reform in Southeast Asia
380-400
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.
The Limits of a Prosecutor's Authority to File Appeals and Cassation Petitions Against a Defendant Whose Detention Period Has Expired Under the New Criminal Procedure Code (KUHAP)
401-424
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.
Strengthening Blue Economy Law through the Role of Red and White Cooperatives in Sustainable Development
425-450
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.
Legal Pluralism in the Era of Deregulation: Reconstructing the Regulatory Framework of Customary Forest Recognition
451-472
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.
A Critical Constitutional Analysis of Expanding the State Budget Deficit Limit through a Government Regulation in Lieu of Law (Perppu): Assessing the “Compelling Urgency” Requirement
473-505
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.
Academic Welfare of Non-ASN Lecturers: A New State Responsibility in Higher Education
506-531
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.
The Dual Role of Career Women in Strengthening Family Resilience: Perspectives of Islamic Law and Indonesian Positive Law among Employees of STAI As-Sunnah Deli Serdang
532-546
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.