SIGn Jurnal Hukum

Village Fund Pathology and Supervisory Dysfunction: A Legal Analysis in Boalemo Regency

Sri Rahayu Lestari Pade — 2025-10-01

Indonesia’s Village Fund policy faces a serious challenge in the form of systematic financial misuse, which is exacerbated by a weak internal oversight mechanism. This research aims to analyze the modus operandi of Village Fund misuse and the institutional dysfunction of the Inspectorate in performing its supervisory functions in Boaloemo Regency. Using an empirical juridical approach and a qualitative study design, primary data were collected through in-depth interviews, observation, and questionnaires, supported by secondary data from a document analysis. The results indicate a governance pathology at the village level, manifested through authoritative deviation, financial manipulation, and administrative engineering. This condition is triggered by a lack of participation and transparency. Furthermore, the study finds that this pathology is directly caused by the dysfunction of the Inspectorate, which suffers from structural constraints including resource deficits (budget and auditors), geographical challenges, an excessive workload, and a lack of sanctioning authority that blunts the deterrence effect. It is concluded that a strong causal relationship exists, wherein the failure of the internal oversight function is the determining factor that creates a permissive environment for widespread misappropriation. Therefore, three strategic policies are recommended: the institutional capacity building of the Inspectorate, the revitalization of participatory oversight mechanisms at the village level, and the enhancement of competency standards for village apparatus human resources.

The Paradox of Implementing Restorative Justice at the Investigation Stage: A Systematic Weakening of Sentence Enhancement for Repeat Offenders

Yufiyandini Adiningsih — 2025-10-01

The progressive adoption of restorative justice at the investigation stage has created the unintended consequence of systematically weakening law enforcement against repeat offenders. This study aims to analyze how the normative framework of restorative justice, particularly Police Regulation Number 8 of 2021, and its field implementation create a juridical gap that directly neutralizes the sentence enhancement mechanism. Employing juridical-normative and juridical-empirical approaches, this study confronts the ideal legal text (das sollen) with the practical reality (das sein) at the Criminal Investigation Unit of the Sumedang Regency Police. Key findings indicate that the regulation’s definition of recidivism, which is exclusively tied to a “court judgment,” renders restorative settlement records—which are purely administrative in nature—devoid of juridical evidentiary force. Consequently, offenders who repeatedly utilize the restorative path will always be considered first-time offenders. This condition opens a dangerous loophole for impunity and the weakening of the deterrent effect. This study concludes that without a policy reconstruction that grants limited legal status to restorative records and integrates them into a unified criminal justice data system, the noble goal of restorative justice risks sacrificing the principles of legal certainty and public protection. Therefore, urgent regulatory reform is necessary to synchronize the objective of restoration with the imperative of effective law enforcement against repeat offenders.

Judicial Law-Finding in the Criminal Justice System: Harmonizing Legal Certainty and Substantive Justice

Muhammad Irwan — 2025-10-01

The enactment of Law Number 1 of 2023 marks a fundamental paradigm shift in the Indonesian criminal justice system, prioritizing substantive justice over formal legal certainty. This shift radically transforms the role of a Judge from a mere mouthpiece of the law (bouche de la loi) to an active law-finder (rechtsvinder). However, the practice of law-finding in the field remains largely ad hoc and intuitive, creating a risk of inconsistency. Addressing this urgency, this research aims to formulate a systematic and accountable ideal concept of judicial law-finding to serve as an operational guide for Judges. Using a normative juridical method that integrates a statute approach, a conceptual approach, and a case approach to key court decisions, this study conducts a methodological reconstruction of the practice of judicial discretion. The primary finding is the formulation of a “judicial compass” built upon five mutually reinforcing fundamental principles: (1) proportionality, (2) transparency and accountability, (3) judicial consistency, (4) social responsiveness, and (5) dynamic equilibrium. These five principles collectively transform the law-finding process into a structured and rational approach. Thus, this ideal concept contributes both theoretically and practically by offering a coherent framework for Judges to execute the mandate of Law Number 1 of 2023, enabling them to harmonize legal values justly and measurably in every decision.

A Critical Analysis of Corporate Criminal Liability in Law Number 1 of 2023

Rezki Purnama Samad — 2025-10-13

Although the codification of corporate criminal liability in Law Number 1 of 2023 marks a paradigmatic advancement in Indonesian criminal law, its implementation is overshadowed by normative vulnerabilities that could undermine legal certainty. This research aims to critically analyze the architecture of corporate criminal liability, as regulated in Articles 45 through 50 of Law Number 1 of 2023, to identify its inherent conceptual and structural problems. Using a normative legal research method supported by statutory and conceptual approaches, as well as systematic interpretation techniques, this study dissects each layer of the norms that construct this liability mechanism. The findings indicate that Law Number 1 of 2023 has progressively expanded the definition of criminal law subjects and the scope of perpetrators to include beneficial owners, while also formulating pragmatic criteria for corporate fault. However, behind this progress, two fundamental problems were identified. First is the normative ambiguity arising from open-ended phrases such as “or that which is equated to it,” which risks creating disparities in judicial decisions. Second is a structural disharmony reflected in the functional redundancy between Articles 47 and 49 of Law Number 1 of 2023. It is concluded that the effectiveness of this entire corporate criminal liability framework will heavily depend on the active role of the judiciary as a law-finder (rechtsvinder) to clarify normative obscurities. Therefore, the issuance of technical guidelines by the Supreme Court is an urgent necessity to ensure consistent and just implementation.

Normative Reconstruction of Asset Forfeiture: A Legal Pathway Following Demise of Corruption Suspects

Anang Suhartono — 2025-10-14

The death of a corruption suspect before a final and legally binding court judgment creates a fundamental juridical paradox that paralyzes the Indonesian criminal justice system. On one hand, the state loses its instruments for recovering losses due to its reliance on the conviction-based asset forfeiture paradigm. On the other hand, seized assets are trapped in a state of uncertainty, injuring the public’s sense of justice while simultaneously threatening the civil rights of the heirs. This research aims to analyze this normative vacuum (rechtsvacuüm) critically and, as its culmination, to formulate a concrete, implementable legal reconstruction of law as it ought to be (ius constituendum). Using a normative legal research method grounded in statutory, conceptual, and critical comparative approaches, this study finds that the current juridical dead end is at odds with Radbruch’s three basic legal values: justice, certainty, and utility. As a solution, this research proposes a paradigm shift toward the NCB asset forfeiture model, operationalized through a procedural blueprint in the form of a special civil lawsuit. Based on a critical synthesis of international practices, a hybrid model is designed—termed the “Civil-Based Asset Status Examination”—which adopts the flexibility of the civil law tradition while strictly guaranteeing due process of law. The final result is a concrete normative formulation capable of reconciling the state’s interest in asset recovery with the protection of human rights, while simultaneously offering a progressive step in the renewal of criminal procedure law in Indonesia.

The Qualification of Jarimah Ta’zir for Child Exploitation: A Case Study of Forced Labor at the Muara Parlampungan Gold Mine

Sri Anggini Lubis — 2025-10-15

This research examines the phenomenon of child exploitation in the informal gold mining sector of Muara Parlampungan Village. This practice is opposed to the principles of child protection in Islam. Amid the ideal narrative of children as a divine trust whose dignity must be preserved, the on-the-ground reality reveals the systematic coercion of school-aged children, who are forced to work in high-risk conditions to support their families’ economy. The purpose of this study is to analyze this practice from the perspective of Islamic criminal law (fiqh jinayah) and to formulate a religio-legal (syar’i) qualification for the act. Using a juridical-empirical approach and a qualitative method, primary data were collected through observation and in-depth interviews with child victims, religious figures, and community leaders. The results reveal that children are forced to work 12-hour days in a hazardous environment. These conditions constantly threaten their physical and psychological safety, resulting in the deprivation of their fundamental right to education and inducing deep trauma with the potential for lifelong effects. An analysis based on the higher objectives of Islamic law (Maqashid al-Syariah) proves that this act directly undermines three fundamental objectives: the preservation of life (hifz al-nafs), the intellect (hifz al-‘aql), and progeny (hifz al-nasl). Based on this systematic harm, the study concludes that this practice of child coercion qualifies as a criminal offense (jarimah) falling under the category of a discretionary punishment (ta’zir). This qualification provides the state with full legitimacy to undertake legal intervention. The research recommends a hybrid law enforcement model that combines rehabilitative sanctions for parents with comprehensive restorative programs for child victims to break the cycle of exploitation.

The Dialectic of Agrarian Justice: A Jurisprudential Analysis of Unlawful Acts in Land Disputes from the District Court to Judicial Review

Laela Kuwayyis Wijaya — 2025-10-20

Inconsistency in court decisions on agrarian disputes presents a crucial problem that tests the balance between formal legal certainty and substantive justice. This research aims to conduct an in-depth analysis of the application of the elements of an unlawful act and the dialectic of judicial reasoning (ratio decidendi). The analysis is conducted in the context of an ownership dispute over a 14,000 m² parcel of land in East Kutai. This case traversed four judicial tiers, from the District Court to the Judicial Review at the Supreme Court. Employing a normative legal research method through a case study approach, a comparative-qualitative analysis of each court decision is performed to dissect the legal logic underlying the dynamics of the contradictory verdicts. The findings indicate that the Supreme Court, in its role as the judex juris, ultimately affirmed the superiority of material truth. This truth, proven by actual and good-faith physical possession, was deemed superior to the legal formalism embodied in substantially flawed ownership documents. The substantive-justice-oriented court decision of First Instance was annulled at the formalistic Appeal level, only to be restored by the Supreme Court at the Cassation level and subsequently upheld in the Judicial Review stage. It is concluded that the final decision in this case not only provides concrete legal protection for the good-faith land possessor but also contributes significantly to jurisprudence as an important precedent that reinforces the judiciary’s orientation toward achieving substantive justice in the resolution of agrarian disputes in Indonesia.

Legal Protection for Copyright Holders against Unauthorized Song Use: A Study of Case Number 92/Pdt.Sus-HKI/Copyright/2024/PN Niaga Jkt.Pst

Rizki Rahmawati — 2025-10-28

Copyright protection for musical works is a vital aspect of the music industry. However, the practice of using songs commercially without the creator’s authorization remains a significant problem that violates both economic and moral rights. This research aims to analyze the scope of legal protection for song copyrights under Law Number 28 of 2014 and the challenges of its enforcement. It also critically examines the Panel of Judges’ legal reasoning in Case Number 92/Pdt.Sus-HKI/Copyright/2024/PN Niaga Jkt.Pst concerning the determination of the Performer’s liability and the application of civil sanctions. This normative legal research employs a qualitative analysis of primary and secondary legal materials, drawing on statutory, case, and conceptual approaches. The findings indicate that although Law Number 28 of 2014 provides a robust basis for protection, various enforcement challenges persist. Case Number 92/Pdt.Sus-HKI/Copyright/2024/PN Niaga Jkt.Pst affirmed the occurrence of copyright infringement by the Performer. The ruling found the Performer liable despite the presence of an organizer. It also imposed economic damage sanctions by referencing parameters within criminal provisions. However, the court rejected the claim for moral rights damages for lack of proof. This case has implications for affirming the Performer’s liability and the paradigm for imposing sanctions in song copyright disputes. It also promotes increased legal awareness within the Indonesian music industry.

A Juridical Demarcation: Reconstructing the Proof of Mens Rea to Differentiate Policy and Corruption by Public Officials

R. Bayu Probo Sutopo — 2025-10-29

The enforcement of anti-corruption law in Indonesia confronts a fundamental paradox. The vigorous campaign to eradicate corruption often results in an erosion of legal certainty and an increased risk of policy criminalization. This issue stems from the distortion and inconsistent application of the principle of a guilty mind (mens rea), as judicial practice frequently equates state financial loss or procedural errors with malicious intent. This research aims to reconstruct the principle of proving mens rea by proposing a clear and operational demarcation framework. Using a normative legal research method that integrates the statute, conceptual, and case study approaches, this study analyzes data through systematic and teleological interpretation, culminating in deductive reasoning. The findings indicate that jurisprudence empirically confirms a dangerous blurring of these concepts. As a solution, this study formulates a framework that strictly differentiates among administrative error, policy error, and intentional corruption. The fundamental line of demarcation among these categories is the presence of a valid and convincingly proven mens rea, defined as the intent to enrich oneself or others unlawfully. The primary contribution of this study is to provide a juridical parameter to enhance legal certainty and protect the legitimate discretionary space of public officials. Ultimately, this framework aims to restore criminal law to its function as a last resort (ultimum remedium), thereby making the fight against corruption more targeted, just, and legitimate.

Judicial Paradigm Clash: Comparative Analysis of the Application of the Anti-SLAPP Doctrine in the Protection of Environmental Activists

Olivia Valerie — 2025-11-06

The criminalization of environmental activists utilizing social media through Law Number 11 of 2008 has become a serious threat to public participation, demonstrably triggering inconsistencies in law enforcement. This research focuses on a critical analysis of the decisional disparity in the case of environmental activist Daniel Frits. Decision Number 14/Pid.Sus/2024/PN Jpa issued a criminal conviction, which was subsequently annulled entirely by Decision Number 374/Pid.Sus/2024/PT Smg, dismissing all charges against the defendant. Using a normative legal research method that integrates a statute approach and a case approach, this study performs an in-depth deconstruction and comparison of the legal reasoning (ratio decidendi) of both decisions. The results indicate that this decisional disparity stems from a fundamental clash between two conflicting judicial paradigms. The formalistic-positivistic paradigm adopted by the lower court was proven to have failed in applying the Anti-SLAPP doctrine. Conversely, the progressive-substantive paradigm embraced by the appellate court correctly affirmed the supremacy of activist immunity by applying Article 66 of Law Number 32 of 2009 as a justification defense, which nullified the criminal nature of the act. This finding indicates a fragility in the legal certainty for environmental activists, which is highly dependent on judges’ insight and courage. Therefore, it is necessary to formulate an ideal legal protection framework that does not merely rely on normative strength. This formulation also demands harmonization through the strengthening of institutional capacity and a cultural shift in law enforcement toward a greater orientation on substantive and ecological justice.

Corporate Liability of Ride-Hailing Services: An Analysis of Partnership Legal Fiction and the Reconstruction of Passenger Safety Regulation

Siti Mariyam — 2025-11-10

The rapid adoption of ride-hailing services in Indonesia is confronted by the problem of passenger safety vulnerability, stemming from normative regulatory insufficiency. The prevailing legal framework, comprising both the lex generalis (Law Number 22 of 2009) and the lex specialis (Ministerial Regulation Number 118 of 2018), is found to fail to provide a precise and operational mechanism for corporate liability. This failure creates a significant regulatory gap. This research aims to analyze the insufficiency of this legal framework, deconstruct the juridical implications of the “partnership” status, and construct an ideal, justice-based liability model. Employing a normative legal research (juridical-normative) method with statute, conceptual, and historical approaches, this study analyzes primary and secondary legal materials. The research findings indicate that this regulatory gap is exploited by application companies through the “partnership” construction. Substantively, this construction constitutes a legal fiction and a disguised employment relationship. This strategy is used to evade the doctrine of vicarious liability and systematically contributes to human error, which is the primary cause of accidents. This systematic contribution occurs through exploitative algorithmic management and the absence of fatigue management. Therefore, the novelty of this research is the proposition of a fundamental legal reconstruction. This reconstruction comprises two steps: imperatively affirming the legal status of application companies as “Transportation Service Providers,” and implementing four pillars of imperative liability mechanisms: comprehensive insurance, vehicle-worthiness standards, driver-welfare standards (including online-hour limits), and a rapid victim compensation mechanism.

Realizing Legal Certainty in Electronic Land Certificates: A Critical Reflection on Ontario’s Legislative Model for Indonesia

Weyni Andilsim — 2025-11-20

The digital transformation of land administration in Indonesia, under the framework of Government Regulation Number 18 of 2021, marks a crucial step toward modernizing public services. However, a fundamental problem of legal certainty for land rights arises from its delegative model of authority, under which essential technical regulations are issued through the Regulation of Minister of ATR/KBPN Number 3 of 2023. This reliance on a ministerial-level regulation creates potential long-term juridical and operational vulnerabilities. This research aims to critically analyze the weaknesses of this delegative model and project strategic solutions, employing a normative legal research method with a functional comparative approach. The Province of Ontario, Canada, a global pioneer, was selected as the comparative jurisdiction. The analysis reveals that Indonesia’s delegative model is exacerbated by practical challenges, including technological infrastructure gaps, a deficit in public trust, and uneven digital literacy. Conversely, Ontario’s integrative legislative model—supported by a comprehensive ecosystem of regulations at the Act of Parliament level, a mature public-private partnership, and strict access governance—has been functionally proven to achieve superior levels of legal certainty and efficiency. It is concluded that to achieve complete legal certainty, Indonesia must elevate and consolidate its legal framework into a comprehensive Bill on Electronic Land Registration, which would serve as a solid foundation for building a holistic digital ecosystem of trust.

The Limitations of Lex Generalis: Analyzing the Readiness of the GDPR and PDP Law for AI-Based Facial Recognition Technology

Komang Suputra Kurniawan — 2025-11-28

The implementation of AI-based FRT creates a fundamental conflict between security innovation and the protection of the human right to personal data. This research aims to (1) analyze the fundamental juridical-ethical challenges of AI-based identity systems; (2) examine the effectiveness and limitations of the GDPR (European Union) and the PDP Law (Indonesia) in responding to these risks; and (3) formulate recommendations for an adaptive regulatory framework. This research employs a normative legal research method, utilizing critical-comparative and prescriptive approaches. The analysis reveals two main findings. First, FRT presents unique systemic risks. These risks include discriminatory algorithmic bias, the normalization of mass surveillance, and an accountability crisis resulting from its “black-box” nature. These risks cannot be mitigated by conventional legal frameworks for privacy. Second, critical analysis proves that the GDPR and the PDP Law, as lex generalis instruments, are normatively and practically insufficient in regulating the specific and predictive dynamics of AI technology. This limitation creates a significant rechtsvacuüm, wherein technology adoption operates without adequate juridical oversight. Therefore, this research concludes that reliance on these two regulations is no longer sufficient. This research recommends a shift in Indonesia’s regulatory paradigm. The prescriptive solution proposed is the adoption of a lex specialis (derivative regulation) framework that is proactive, preventive, and adopts a risk-based approach. This framework is essential to ensure that AI innovation remains aligned with the principles of data protection and human dignity.

The Urgency of Legal Protection Reform for Workers’ Mental Health: A Comparative Study of Indonesia and Singapore

Salsabila Almufarrida — 2025-12-05

The current global paradigm shift in the employment sector no longer focuses exclusively on physical safety. Instead, this focus has expanded to the urgency of protecting workers’ psychological well-being. Unfortunately, the issue of worker mental health in Indonesia remains marginalized within the labor law framework. This research aims to critically analyze the technical normative vacuum within national regulation. Furthermore, this study aims to formulate an ideal regulatory model by adopting best practices from Singapore. This research employs a doctrinal legal research method, drawing on statutory, conceptual, and comparative approaches. This study examines in depth the legal architectural gaps between the two countries. The results reveal crucial facts regarding Article 35 section (3) of Law Number 13 of 2003. Although the article mandates protection of mental health, the absence of specific implementing regulations renders the norm unenforceable. This condition differs from Singapore, which possesses the WSHA 2006 and integrated Tripartite Advisory technical guidelines. This disparity creates structural vulnerability for Indonesian workers against psychosocial hazards. These hazards include extreme work stress and intimidation, exacerbated by the lack of standardized early-detection instruments. As a prescriptive solution, this research recommends the issuance of a specific Ministerial Regulation on Mental Health Protection at the Workplace. This regulation must mandate psychosocial risk assessment and require access to EAP. This reform is urgently needed to shift the protection paradigm from a voluntary, reactive approach to a mandatory, preventive one. This is necessary to guarantee workers’ fundamental rights to a healthy and dignified working environment.

Reorientation of Indonesian Criminal Law Politics: Shifting Paradigm from Retributive to Restorative in Death Penalty Regulation

Syarif Saddam Rivanie — 2025-12-05

The shift in global sentencing paradigms, which increasingly abandons the retributive approach in favor of human rights protection, creates an internal normative antinomy within the Indonesian legal system. This antinomy occurs between the constitutional guarantee of the right to life and the continued existence of the death penalty. This study aims to develop a model for reorienting national penal policy from a retributive to a restorative paradigm. Furthermore, this study analyzes the juridical mechanism for implementing the conditional death penalty following the enactment of Law Number 1 of 2023. This research constitutes normative legal research employing statute, case, and conceptual approaches. The legal materials analyzed include primary sources, such as statutory regulations and Constitutional Court decisions, as well as secondary sources from the literature and international reports. The results indicate that the alteration of the death penalty status from a principal punishment to a special punishment with a 10 (ten) year probationary period constitutes a transitional or quasi-abolitionist compromise. This compromise aims to bridge global demands and domestic social defense needs. However, the vacuum of norms regarding the assessment indicators for “commendable attitude” during the probationary period has the potential to cause legal uncertainty. Therefore, integrating restorative justice principles through the recovery of state losses (for corruption) and contributions to severing criminal chains (for narcotics) becomes an imperative objective parameter for sentence alteration. This study concludes that the probationary mechanism must be interpreted as a measurable momentum of rehabilitation, not merely as a postponement of execution. It requires technical implementing regulations in the form of Government Regulations and Supreme Court Regulations.

The Urgency of Applying Insolvency Test on General Corporate Bankruptcy under the Regime of Law Number 37 of 2004

Udin Silalahi — 2025-12-11

Unlike the financial sector, which has been modernized through Law Number 4 of 2023, the bankruptcy regime for general corporate entities in Indonesia remains confined to formalistic requirements. This is rooted in Article 2 section (1) of Law Number 37 of 2004, which adopts the principle of presumption of insolvency, allowing a company to be declared bankrupt with merely two creditors and one matured debt. This process may occur without a material assessment of financial condition. This condition creates a legal loophole that allows creditors to misuse bankruptcy instruments as an aggressive debt-collection tool. This practice can result in solvent companies being terminated, as evidenced by the case analysis of PT Sritex, which was ultimately declared bankrupt. This study aims to analyze the urgency of applying the insolvency test as a substantive requirement for general corporate bankruptcy. Furthermore, this research examines the juridical obstacles to its implementation within the commercial court system. The research method employed is normative legal research using statute, conceptual, and comparative approaches regarding the Insolvency Act 1986 (UK) and the Bankruptcy Code (US). The results conclude that the primary obstacle to adopting the insolvency test is the conflict with the principle of summary proof (sumir) in Article 8 section (4) of Law Number 37 of 2004. Therefore, this study recommends legal reform through a hybrid approach. This model combines the cash flow test as an entry point and the balance sheet test as a defense mechanism. Another recommendation is the shifting of the burden of proof to the debtor to prove its solvency. This step aims to realize economic justice and prevent premature bankruptcy.

Reformulating the Boundaries of Freies Ermessen: An Analysis of Conflict of Norms in the Government Administration Law Post-Enactment of the Job Creation Law

Triana Galuh Purnama Sari — 2025-12-11

The paradigm shift in Indonesian administrative law following the enactment of Government Regulation in Lieu of Law Number 2 of 2022 has created serious legal issues regarding the validity of discretion (Freies Ermessen). The elimination of the requirement that “not contrary to the provisions of laws and regulations” in Article 24 of Law Number 30 of 2014 creates an internal conflict with the Principle of Legal Certainty. Furthermore, this amendment blurs the demarcation boundary between administrative error (maladministration) and corruption offenses. This potentially leads to policy criminalization. This research aims to analyze the juridical implications of such norm change and to reconstruct the boundaries of public official liability using the parameters of mens rea and ultimum remedium. This study is normative legal research employing statutory, conceptual, and comparative approaches. The results indicate that the absence of formal legality parameters demands a shift in the focus of discretion validity testing toward a substantive aspect. Such focus encompasses compliance with the objectives of discretion and the general principles of good governance. The strict boundary between the administrative and criminal realms lies in proving the element of mens rea for unlawfully enriching oneself. Therefore, criminal law must be positioned as the ultimum remedium after administrative testing mechanisms through the Government Internal Supervisory Apparatus and the State Administrative Court have been exhausted. This research recommends adopting the reasonableness test in discretion testing to provide legal certainty and protection for officials when innovating.

The Paradox of Jakarta’s Carbon Tax Policy: A Legal-Administrative Analysis of Non-Implementable Policy and International Compliance

Fadhel Koto Bida Mulyono — 2025-12-11

DKI Jakarta’s climate mitigation efforts require reformulating the Motor Vehicle Fuel Tax (MVF Tax) from a “selling value” basis to an “emission” basis. However, this initiative is hindered by an acute policy paradox. The Decree of the Governor of DKI Jakarta Number 542 of 2025 grants incentives (tax discounts), which are philosophically and juridically misaligned with the disincentive mandate of Law Number 32 of 2009. This juridical-normative legal research analyzes this fundamental discrepancy using statute and conceptual approaches. The data analysis technique is operationalized through norm conflict analysis, compliance analysis, and juridical-conceptual analysis (risk mitigation). This research yields several findings. First, the de jure authority for reformulation (changing the MVF Tax basis) is normatively available by prioritizing the mandate of Law Number 32 of 2009. However, second, this policy is de facto non-implementable as long as the contradictory Decree of the Governor of DKI Jakarta Number 542 of 2025 remains in effect. Third, compliance with Article 6 of the Paris Agreement is conditional, demanding the absolute integration of regional mitigation actions into the SRN-PPI to avoid double counting. Fourth, implementation risk mitigation (regressive impact and fiscal leakage (fuel leakage)) juridically demands an imperative revenue allocation (revenue recycling) or earmarking design and inter-regional fiscal coordination. In conclusion, the MVF Tax reformulation is not merely a technical change. This policy constitutes a prerequisite requiring the revocation of paradoxical internal policies, the integration of accountability into SRN-PPI, and an equitable earmarking design. These steps are necessary to ensure legal certainty and effective climate mitigation.

Reconstruction of Trade Secret Clauses in F&B Franchises: Mitigating Loss Aversion through a Risk Allocation Approach

Irene Puteri Alfani Sofia Sinaga — 2025-12-11

The Food and Beverage (F&B) franchise sector in Indonesia faces a juridical paradox. Aggressive trade secret protection efforts precisely result in systemic unenforceability in court. This study aims to dissect the root causes of evidentiary failures regarding the “reasonable steps” element in franchise disputes and to formulate a proportional, enforceable operational clause model. Through a normative juridical method with an interdisciplinary approach, this study integrates Legal Certainty Theory, Prospect Theory from behavioral economics, and Risk Allocation Theory as diagnostic, evaluative, and prescriptive analysis tools. Research findings reveal that ambiguous and lop-sided protection clauses are not merely administrative errors. They constitute a manifestation of the franchisor’s irrational loss-aversion bias. Excessive fear of losing vital assets drives the creation of excessive contracts that violate the principle of good faith and fail to fulfill the objective requirements of an agreement. This condition fatally undermines the validity of digital evidence under Law Number 11 of 2008. As a prescriptive solution, this research recommends a fundamental reconstruction of contractual instruments, shifting from the loss-aversion paradigm to an equitable Risk Allocation Theory. The proposed operational clause model includes a limiting definition of a secret object, layered confidentiality obligations, a notice-and-cure mechanism, and reasonable time and territorial restrictions on the non-competition clause. This reconstruction aims to guarantee practical legal certainty and the sustainability of the national franchise business ecosystem.

Measuring Judicial Accountability in the Algorithmic Era: Juridical Implications of Using Judicial Assistants and Black Box Risks in Constructing Judgment Arguments

Asbudi Dwi Saputra — 2025-12-12

Although the Supreme Court of the Republic of Indonesia has adopted Artificial Intelligence technology for administrative functions, the potential use of Artificial Intelligence as a Judicial Assistant in drafting judgment arguments triggers serious dogmatic concerns. These concerns relate to the degradation of human legal reasoning amidst a national legal vacuum (rechtsvacuüm). This study aims to deconstruct the concept of judicial accountability, which fails to address algorithmic error. Furthermore, this study tests the validity of Black Box-based rulings vis-à-vis the principle of reasoned decision in Law Number 8 of 1981, and formulates a preventive regulatory model. Utilizing a normative-juridical research method and a comparative law approach regarding regulatory frameworks in the European Union, the United States, and China, this study finds that conventional legal doctrines face a liability gap due to the unforeseeable autonomous behavior of Artificial Intelligence. The analysis indicates that reliance on algorithms with opaque characteristics—as demonstrated by the COMPAS case in the United States—fundamentally violates the defendant’s right to explanation. This potentially triggers “the death of standards.” In this condition, judicial discretion is replaced by the rigidity of machine micro-directives. Furthermore, the practice of relinquishment by judges for the sake of administrative efficiency threatens independence and judicial wisdom. This study concludes the urgency of adopting a hybrid regulatory model integrating technical efficiency with the strict User Control principle from the European Ethical Charter. This serves to ensure technology remains a human-supervised servant of justice, not a master dictating rulings.

Reconstruction of Civil Judicial Activism Limitations: A Juridical Analysis of Ultra Petita Decisions for Legal Certainty and the Principle of Party Autonomy

Bambang Eko Nugroho — 2025-12-29

This research is prompted by the fundamental tension between the pursuit of substantive justice through discretionary (ex aequo et bono) decision-making and the prohibition on beyond-the-petition (ultra petita) decisions that prejudice procedural legal certainty. These dynamics have become increasingly complex following the issuance of Supreme Court Circular Number 2 of 2024. This regulation instructs judges to supplement their legal reasoning ex-officio with CTS data, which, in principle, could expand the scope of judicial activism beyond formal jurisdictional boundaries. This research aims to analyse the conceptual dialectic between judicial independence and party autonomy, to construct the boundaries of judicial activism post-implementation of Supreme Court Circular Number 2 of 2024, and to evaluate the ratio decidendi and juridical implications of land dispute decisions regarding the protection of the Defendant’s procedural rights. The research method employed is prescriptive-normative legal research, drawing on statutory, case, and conceptual approaches. The results indicate that judges’ freedom to decide cases is not absolute. This authority is constrained by the functional jurisdiction of the courts as regulated in Law Number 2 of 1986 and the imperative prohibition of Article 178 section (3) of the HIR. A paradigm comparison with Law Number 30 of 1999 reaffirms that the limitations of claims in the general judiciary must be rigidly maintained due to the compelling nature of civil procedural law (dwingend recht). The construction of judicial activism boundaries lies in the separation between strengthening the quality of legal reasoning and prohibiting unilateral additions to the material petition. Verification of the case of G. Yohana Lembang et al. proves that activism exceeding the claims results in land legal uncertainty and legitimizes an extraordinary legal remedy of Judicial Review pursuant to Article 67 point c of Law Number 14 of 1985. In conclusion, the protection of party autonomy is the primary parameter for the validity of judicial activism. The Supreme Court is advised to formulate technical guidelines for the “supplementing legal reasoning” parameter to prevent procedural law malpractice that prejudices the private rights of legal subjects.

The Legal Policy of Decentralization in Strategic Natural Resource Management: Acceleration of Local Government Independence Pursuant to the Rule of Law Principle

Sulaiman Sulaiman — 2025-12-29

This research is motivated by the emergence of a constitutional anomaly: the recentralization of strategic natural resource management authority, which undermines the principle of regional autonomy as mandated by Article 18 of the 1945 Constitution. Although Law Number 23 of 2014 has regulated the distribution of concurrent government affairs, the enactment of recent sectoral regulations, such as Law Number 6 of 2023 and Law Number 2 of 2025, has conversely pulled licensing and fiscal management authority back to the central government. This study aims to formulate a natural resource governance transformation model that integrates local government independence with the principle of national legal certainty across the forestry, mineral and coal, oil and gas, geothermal, and fisheries sectors. The research method employed is normative legal research using statute, conceptual, and case approaches, analyzed qualitatively and prescriptively. The results indicate systematic norm disharmony and fiscal barriers resulting from central intervention—such as the 0% royalty policy—which significantly reduces fiscal capacity and regional administrative authority. The research concludes that accelerating regional independence requires legal policy reconstruction by implementing the FPIC principle to synchronize rights and guarantee national legal certainty and regional investment stability. The implications of this research demand harmonizing sectoral regulations that respect regional attributive authority and strengthening legislative oversight functions to realize accountable natural resource governance within a just Rule of Law framework.

Digital Asset Due Diligence in E-Commerce Mergers: A Comparative Antitrust Law Analysis of Indonesia and the United States

Adriel Reyimer Samuel Hutagalung — 2026-01-06

The integration of strategic digital assets, such as big data and algorithms, within e-commerce merger transactions creates new competition risks. These risks have not been adequately addressed by conventional due diligence regulations in Indonesia. This study aims to analyze the validity of sensitive information exchange during the pre-merger due diligence process viewed from an antitrust law perspective. Furthermore, this study identifies the legal implications of the oversight time-lag in the GoTo merger case. Utilizing a normative legal research method with statutory, comparative, and case approaches, this research compares the post-merger notification regime in Indonesia (Law Number 5 of 1999) with the gun-jumping doctrine and pre-merger notification mechanism in the United States (Sherman Act & HSR Act). The results indicate that the absence of a waiting period and specific rules regarding data exchange protocols in Indonesia renders the digital asset due diligence process highly risky. Such risks may serve as a vehicle for covert cartels or the premature transfer of beneficial ownership. The GoTo case study reveals that the integration of a digital ecosystem involving 55 million users’ data occurred prior to the KPPU determination. The determination was issued only 1 year after the transaction, thereby creating barriers to entry that went undetected at an early stage. This study concludes that there is a need to harmonize antitrust law with data protection law. This harmonization can be achieved by adopting the clean team mechanism and transitioning to a pre-merger notification system to prevent data monopolies in the digital economy.

Reconstruction of the Penal System Based on Triple Vulnerability: Harmonization of Lex Generalis and Lex Specialis in Handling Sexual Violence against Girls with Disabilities

Nurisnah Nurisnah — 2026-01-13

The escalation of sexual violence cases against girls with disabilities has reached a crisis stage, exacerbated by the fragmentation of legal regulations operating sectorally. The failure of the judicial system to respond to the complexity of victim vulnerability frequently creates impunity loopholes, perpetuating victimization practices. This research aims to analyze the legal anatomy of “triple vulnerability” and reconstruct the “Integrated Juridical Trident” model as a harmonization solution for the national penal system. Using a normative juridical research method with statute and conceptual approaches, this study examines the synchronization of norms among Law Number 1 of 2023, Law Number 20 of 2025, and related specific laws. The results prove that the intersection of child, female, and person with disabilities statuses constitutes a juridical determinant automatically triggering the application of the absolute rape offense and state accommodation obligations. The constructed trident model positions Law Number 1 of 2023 as the material legality foundation and Law Number 20 of 2025 as the formal legality foundation, synergized horizontally with Law Number 23 of 2002 as the subject determinant, Law Number 8 of 2016 as the procedural rights guarantor, and Law Number 12 of 2022 as the recovery guarantee. The effectiveness of this model is secured by a precision law enforcement strategy, through the validation of proof of equality between witnesses with disabilities and the application of an absolute prohibition on restorative justice. This study concludes that such system integration is necessary to close legal loopholes and guarantee maximum sentencing certainty for perpetrators of these crimes against humanity.

Constitutional Court vs. Lawmakers: Positive Legislature, Decision Implementation, and Balance of Authority

Labib Muttaqin — 2026-01-15

The Constitutional Court’s transition from a negative legislator to an executor of positive legislation has created structural tension with Lawmakers. This phenomenon creates legislative resistance that impedes decision implementation, often leaving constitutional compliance to rely on public pressure. This research aims to analyze the roots of such disharmony and to formulate a procedural law design capable of effectively guaranteeing the execution of decisions. Through a normative legal research method using the statute approach, conceptual approach, and case approach, this study examines constitutional dynamics following the Constitutional Court’s delivery of two decisions regarding the judicial review of Law Number 10 of 2016 and Law Number 11 of 2020. The research results indicate that implementation barriers stem from the counter-majoritarian difficulty and the obsolescence of Chapter V of Law Number 24 of 2003, which fails to accommodate the complexity of positive legislature authority. As an absolute solution, this research recommends the urgent formation of a stand-alone Constitutional Court Procedure Bill (separate bill). This Bill must grant the Constitutional Court attribution authority to establish a “mandatory deadline” (tenggat waktu eksekutorial) for Lawmakers. Formalizing this mechanism is crucial to restoring the balance of the separation of powers system and ensuring the enforcement of constitutional supremacy through an institutionalized mechanism with legal certainty.

The Cost Burden Paradox in Petty Corruption Enforcement: A Socio-Legal Study Based on Cost-Awareness

Andhika Prima Sandhy — 2026-01-17

Law enforcement efforts against petty corruption in Indonesia are currently trapped in a serious economic inefficiency paradox, where case-handling operational costs often far exceed the value of the savings from avoided state losses. This problem is further complicated by norm disharmony between the efficiency spirit in Law Number 1 of 2023 and the rigidity of sectoral regulations effective as of January 2026. This study aims to analyze such inefficiency using the EAL approach and formulate a new Cost-Awareness-based settlement model. The research method applied is socio-legal, synthesizing doctrinal analysis of norm conflicts with secondary data evaluation regarding case cost burdens and social behavior. Research findings reveal that the conventional retributive approach creates a double loss for state finances. Fundamental juridical barriers are identified in the form of a regulatory “double lock”: Article 4 of Law Number 31 of 1999 which closes the material discretion space, and Article 82 letter c of Law Number 20 of 2025 formally excluding corruption from the restorative justice mechanism. To unravel this deadlock, the study recommends a limited double amendment to both articles, the application of financial sanctions in the form of Double Restitution accompanied by administrative sanctions of dismissal, and the strengthening of public oversight through Citizen Auditors. This model is offered as a concrete solution to ensure legal certainty and state budget efficiency.

The Principle of Legality vs. Digital Sentencing Innovation: The Dialectics of Revocation of Internet Access Rights as a Criminal Penalty in Cybercrime Cases

Setyo Amirullah — 2026-01-17

The evolution of increasingly sophisticated cybercrimes, such as revenge porn, has triggered a paradigmatic tension within the Indonesian criminal justice system between the need for sentencing innovation and absolute adherence to the principle of legality. This research aims to analyze disparities in legal paradigms across court levels, examine the juridical qualification of the penalty for the digital restriction order, and examine the constitutional implications of the cyber norm vacuum. Through prescriptive doctrinal legal research, this study dissects Decision Number 6069 K/Pid.Sus/2023, which affirms Decision Number 96/Pid.Sus/2023/PT BTN regarding the annulment of the additional penalty of revocation of internet access rights in Decision Number 71/Pid.Sus/2023/PN Pdl. The research results indicate that such annulment constitutes an affirmation of legal positivism, rejecting judicial activism, even though, sociologically, this penalty is crucial for preventing recidivism. Juridically, this penalty lacks a basis of legitimacy in the EIT Law, the Old Penal Code, or the New Penal Code, thereby creating a legal vacuum (rechtsvacuum) that harms victims. The research concludes that formal adherence to the principle of nullum crimen, nulla poena sine lege without accompanying legal reform has injured substantive justice. Therefore, it is recommended that legislators immediately undertake legislative modernization by adopting digital rights restriction penalties as a constitutional sentencing instrument to ensure the justice system’s responsiveness in tackling crime in the era of technological disruption.

Dynamics of Restorative Justice Implementation Towards the Entry into Force of the New Penal and Criminal Procedure Codes: A Case Study on Ordinary Theft Cases at Pangkalpinang Police Resort

Julian Piperino Putra — 2026-01-17

The national criminal law transformation towards the effective enforcement of Law Number 1 of 2023 and Law Number 20 of 2025 demands a reorientation of law enforcement practices from a retributive to a restorative paradigm. However, the current implementation of restorative justice in ordinary theft cases at the police resort level still operates within an internal regulatory framework prone to a relevance crisis due to normative gaps with the new statutory standards. This study aims to evaluate the objectivity of existing practices, analyze the clash of norms approaching the transition period, and formulate institutional policy harmonization strategies. Employing a mixed-methods legal research approach, this study integrates a doctrinal review of Police Regulation Number 8 of 2021 with empirical data from the Pangkalpinang Police Resort, triangulating in-depth interviews with investigators, victims, and offenders. The results indicate that although existing practices have met administrative compliance requirements and provided tangible recovery benefits for victims, implementation experienced statistical stagnation in certain periods due to workload and investigators’ administrative concerns. Substantively, a fundamental incompatibility was found between the rigidity of internal police rules regarding the absolute ban on recidivists and nominal loss parameters, on the one hand, and the sentencing flexibility principles in Law Number 1 of 2023, on the other hand, as well as the misalignment of internal case exposition mechanisms with the judicial scrutiny standards mandated by Law Number 20 of 2025. This study concludes that there is an urgent need for harmonization through the establishment of a specialized supervisory unit to simulate material validity testing equivalent to that of the Preliminary Examining Judge, and the integration of customary figures’ roles in penal mediation to guarantee accountability for police discretion in the new criminal justice era.