LEGAL BRIEF is published every two months which serves as a forum for sharing ideas, studies, and information to advance legal knowledge in Indonesia and internationally. This publication offers the work of experts, academics and legal practitioners and related to them. Bestari partners and the editorial board review and revise articles without affecting the content. The content of this publication is the opinion of the author and not the opinion of the publisher. LEGAL BRIEF is a double-blind peer-reviewed open access journal published bimonthly starting August 2022 (August, October, December, February, April, June). Articles are only accepted in English. LEGAL BRIEF provides scholars with the best theory, research and methodologies and a place to discuss ideas, knowledge and conclusions. This journal publishes original research and commentary on legal issues, among other topics. LEGAL BRIEF publishes original papers, review papers, conceptual frameworks, analytical models, case studies, empirical research, technical commentary. Legal Brief Accredited Sinta 4 with Decision Number 152/E/KPT/2023 Frequency Bimonthly (August, October, December, February, April, June) ISSN 1979-522X (Print), 2722-4643 (Online) Chief Editor Mujuranto., S.H | SINTA 4 Publisher Ihsa Institute
Shifting Geothermal Prudence in Law 21/2014 and Job Creation Law for NDC
Indonesia is a country rich in geothermal potential. In the regulations governing geothermal energy, Indonesia has experienced a shift in regulations that have an impact on the application of the principle of prudence in geothermal land use projects. This regulatory shift is very important to realize the Nationally Determined Contribution (NDC). This study analyzes the evolution of the normative framework between Law No. 21/2014 and the Job Creation Law on the principle of prudence by using historical, statute, comparative, and conceptual approaches. Law No. 21/2014, which was previously the legal basis for geothermal energy, has integrated the principle through strict licensing and strict environmental supervision. The law emphasizes proactive risk mitigation. However, on the contrary, the Job Creation Law through the Risk-Based Approach (RBA) and Online Single Submission (OSS) actually prioritizes accelerating investment and simplifying bureaucracy, This has the potential to weaken environmental damage prevention measures because it only relies on predetermined risk standards. This certainly risks eroding the core principle of the precautionary principle: prudent action in the midst of scientific uncertainty. The study evaluated the effectiveness of both regimes in balancing the energy transition with ecological protections for NDC targets
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Challenges in Drafting Village Regulations in Nggawia Village
Village Regulations (Perdes) are important legal instruments in the administration of village governance because they function as the legal basis for regulating village community life. This study aims to analyze the stages of forming Village Regulations based on statutory provisions and to examine the obstacles faced by the Village Government and the Village Consultative Body (BADAN PERMUSYAWARATAN DESA (BPD)) in the drafting process in Nggawia Village, Tojo Barat Subdistrict, Tojo Una-Una Regency. This research employs an empirical juridical legal research method with a sociological approach. Data were collected through interviews, field observations, and document studies, and were analyzed using descriptive qualitative analysis. The results show that, normatively, the stages in the establishment of village regulations has been systematically regulated in Law Number 6 of 2014 on Villages and Minister of Home Affairs Regulation Number 111 of 2014, which include the stages of planning, drafting, discussion, enactment, promulgation, and dissemination. However, in practice in Nggawia Village, this process has not been carried out optimally. Internal constraints include the limited legal understanding and technical competence of village officials and Badan Permusyawaratan Desa (BPD) members, as well as the high turnover of village apparatus. External constraints include the suboptimal guidance, assistance, and supervision from the regional government, limited technical facilitation, and low levels of community participation. These conditions have affected the quality and quantity of Village Regulations produced. This study recommends strengthening the capacity of village officials, enhancing the role of regional government guidance, and optimizing community participation in the promulgation of Village Regulations
Extension of Village Head Term of Office in the Village Law Perspective: Governance Implications
The extension of the village head’s term of office under the Village Law has sparked debate over the balance between governance stability and democratic principles at the village level. This article examines the legal regulation of the extension of the village head’s term of office and its implications for village governance from a normative legal perspective. Using legislative, conceptual, and historical approaches, this study analyzes statutory regulations, legal doctrines, and relevant scholarly works through qualitative legal interpretation. The analysis shows that extending the term of office may strengthen administrative stability and policy continuity in village governance. However, it also increases the risk of power concentration when not accompanied by effective oversight mechanisms. The study argues that the extension of the village head’s term of office can be compatible with the principles of good governance only if it is supported by clear implementing regulations that ensure accountability, transparency, and meaningful community participation in village governance
The Dialectics of Legal Positivism and the Sociological Jurisprudence School in the Regulation of Human Rights under the 1945 Constitution: A Critical Legal Philosophy Analysis
The regulation of human rights in the 1945 Constitution of the Republic of Indonesia, particularly Chapter XA, reflects complex dynamics in legal philosophical thought. This study aims to critically analyze the dialectic between legal positivism and sociological jurisprudence in the normative construction of human rights and its implications for constitutional interpretation by the Constitutional Court. The research employs a normative juridical legal method with a critical legal philosophy approach, conducted through a literature review of constitutional norms, relevant statutory regulations, and Constitutional Court decisions related to human rights. The findings indicate that the regulation of human rights in the 1945 Constitution does not represent a single school of legal philosophy, but rather constitutes a paradigmatic synthesis between the normative certainty characteristic of legal positivism and the social responsiveness emphasized by sociological jurisprudence. This philosophical tension is reflected in the variation of interpretive methods adopted by the Constitutional Court, ranging from formalistic to progressive approaches. The study concludes that a constitutional interpretation model based on contextual positivism or responsive formalism is relevant for bridging legal certainty and substantive justice in the protection of human rights in Indonesia
Chain Decisions in Digital Government: Between Validity, Integration, and Legal Consequences
The development of digital government in Indonesia presents a new paradigm in administrative decision-making through integrated electronic systems. Decisions in digital government often have a cascading nature, where initial decisions form the basis for subsequent decisions. This study analyzes the validity of cascading decisions and the legal consequences of digital system integration, focusing on how flaws at one stage can affect the validity of subsequent decisions, and how system synchronization determines the legal consequences of data or procedural inconsistencies. The research methods used are literature review and normative analysis of national regulations, including Presidential Regulation No. 95 of 2018 concerning Electronic Systems and Transactions (SPBE) and Government Regulation No. 82 of 2012 concerning the Implementation of Electronic Systems and Transactions. The results show that the validity of cascading decisions is highly dependent on compliance with legal procedures, data integrity, and the application of administrative law principles. Meanwhile, good digital system integration can ensure consistency, legal certainty, and accountability, while integration failures have the potential to create legal uncertainty and administrative disputes. This study emphasizes that digital government is not merely a technological transformation, but also a legal transformation that requires strict system and procedural management.
The Effectiveness of Law Number 27 of 2022 Concerning Personal Data Protection in Combating Cybercrime in Indonesia
The development of information technology brings new challenges to personal data protection in the digital world. This study aims to evaluate the effectiveness of personal data protection policies in Indonesia in preventing and addressing cybercrime. Using a qualitative approach and normative-empirical research, this study combines a doctrinal analysis of the legal framework stipulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) with secondary data analysis in the form of reports, scientific journals, and cybercrime statistics. The results show that although the PDP Law represents a step forward in digital privacy protection, its implementation still faces significant challenges, such as weak law enforcement, a lack of supporting facilities, and low public awareness. The functional analysis in this study highlights the need for institutional strengthening, increased digital literacy, and the development of an independent monitoring system to ensure the effectiveness of personal data protection in Indonesia. This research is expected to provide constructive recommendations for improving national policies on personal data protection and strengthening digital social control to prevent cybercrime
Legal Analysis of Sales Transactions with PayLater Payments
This study analyzes PayLater transactions from the perspective of Islamic law and Indonesian regulations to assess their compliance with Sharia principles. Using a qualitative descriptive-analytical approach, the research examines the operational structure of PayLater in relation to Islamic sales (ba’i) and financial transactions (muamalah), focusing on the prohibition of riba, gharar, and zulm. Primary sources include the Qur’an, Hadith, and fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), while secondary sources consist of national regulations such as OJK Regulation No. 77/POJK.01/2016 and the Consumer Protection Law. The analysis finds that the current PayLater system contains elements inconsistent with Sharia principles, as its structure resembles a loan (qardh) with fixed interest, involves unclear contracts, lacks transparency, and imposes exploitative late fees. From a regulatory perspective, while PayLater is legally recognized, gaps remain in consumer protection, contractual fairness, and data privacy. Recommendations include adopting Sharia-compliant contracts such as murabahah, ijarah, or musyarakah, enhancing transparency, strengthening regulatory oversight, promoting financial literacy, and encouraging Sharia-certified digital financial products. Future research could empirically compare conventional and Sharia-based PayLater models to provide actionable insights
Legal Analysis of Criminal Sanctions Against Recidivist Children in the Perspective of the Juvenile Criminal Justice System
This study attempts to investigate how criminal penalties are applied to kids who commit repeat offenses (recidivism) and how well they operate in the context of child protection. The primary issue is the conflict between the state's duty to give restorative justice principles top priority and using criminal penalties to have a deterrence impact. Normative juridical research using a statutory approach is the methodology employed. According to the study's findings, repeat offenders typically face harsher penalties than first-time offenders, although they are still constrained by the best interests of the kid premise.
The Application Of The Pacta Sunt Servanda Principle In Credit Agreement Disputes: A Study Of Putusan Pn Karanganyar Nomor 36/Pdt.G/2024/PN Krg.
This study aims to analyze the application of the pacta sunt servanda principle in credit agreement disputes as decided in Putusan Pengadilan Negeri Karanganyar Nomor 36/Pdt.G/2024/PN Krg. The pacta sunt servanda principle is a fundamental principle in contract law which affirms that every agreement made legally is binding on the parties. However, in judicial practice, it is not uncommon for this pronciple to be tested when one party files a lawsuit to cancel the agreement for certain reasons. This study uses a normative juridical method with a legislative and case approach, through analysis of the Civil Code, contract law doctrine, and the judge's legal considerations in the relevant decision. The results of the study show that the application of the pacta sunt servanda principle is not absolute, but must be understood systematically with the principles of justice, propriety, and good faith. Court decisions show that judges have the authority to set aside the validity of an agreement if there is evidence of a defect of consent or a violation of the validity requirements of the agreement. Thus, the principle of pacta sunt servanda remains the main basis for assessing the validity of an agreement, but its application must take into account the balance of rights and obligations of the parties in order to achieve legal certainty that is fair
Judicial Discovery of Law in Normative Gaps of Contemporary Medical Case
The rapid evolution of medical technology increasingly outpaces the parameters of ethical-legal frameworks regarding passive euthanasia, genetic data sourcing and processing, and digital informed consent, thereby creating significant legal lacunae that engender profound ethical-legal dilemmas. When statutory provisions offer no explicit guidance, judges are compelled to resort to rechtsvinding, the construction of law through interpretative, analogical, and creative application of sub-statutory measures available to them. This legal research aims to assess the mechanisms and methodologies employed by judges to utilize rechtsvinding in bridging systemic functional deficiencies in law as applied to medical malpractice. Using conceptual-analytical methods supported by case study approaches, this research investigates issues of patient autonomy, medical beneficence, and the medical practitioner's legal duty of care in precluding harm, through analysis of multiple court decisions. The findings demonstrate that judicial integration of medical ethical principles becomes a predominant factor when medical law remains silent across numerous legal domains relevant to medical malpractice adjudication. Ultimately, this facilitates the development of a more robust health legislative framework wherein judicial practice addresses specific substantive problems and expands the scope of medical law. This research substantiates the claim that rechtsvinding functions as a critical instrument for protecting public health in the construction and development of law.
Human Rights Implications of Artificial Intelligence Use in the Indonesian Judicial Process
The integration of artificial intelligence into justice systems offers efficiency and access gains, but raises human rights and constitutional concerns. In Indonesia, judicial institutions have begun piloting AI-supported tools for court administration and limited decision support across civil and criminal cases, yet adjudication remains fully human. The absence of a tailored governance framework poses risks to the rule of law, judicial independence, and equality before the law. This study analyses normative weaknesses in Indonesia’s regulation of judicial AI and formulates a rights-based governance model. The method used is normative legal research employing statutory and conceptual approaches based on secondary legal materials. The results show that unclear boundaries around AI functions can turn decision-support outputs into de facto determinants of procedural direction, weakening fair-trial guarantees when parties cannot know, challenge, or obtain human review. The findings further indicate that governance must mandate human-in-the-loop control, transparency, and contestability, alongside cybersecurity, operational reliability, audit logging, and bias mitigation. Inclusive access requires hybrid service channels, so digitalisation does not exclude communities in areas with limited infrastructure. The conclusion is that Indonesia should strengthen rights-based governance so that AI improves efficiency without eroding constitutional guarantees and the legitimacy of the rule of law
Prospects for Collecting Land and Building Tax (PBB) on Raft Houses in the Musi River, Palembang City
Palembang City is characterized by a geography dominated by waterways, which is reflected in the existence of floating houses along the Musi River as a form of traditional settlement. Floating houses serve important social and economic functions; however, to date they have not obtained legal certainty, particularly in relation to the imposition of Land and Building Tax (Pajak Bumi dan Bangunan/PBB). The main issue lies in the unclear legal status of floating houses as taxable objects, as these structures are built over water and are not attached to land, whereas PBB is generally imposed on land and/or buildings associated with land. This study aims to analyze the prospects for imposing PBB on floating houses along the Musi River in Palembang City, to identify juridical, administrative, and social constraints in their taxation, and to evaluate their potential contribution as a source of Regional Original Revenue (Pendapatan Asli Daerah/PAD). The research employs a sociological (empirical) legal research method, combining normative and empirical approaches through literature review and interviews with local government officials and floating house owners. The findings indicate that, conceptually and normatively, floating houses have the potential to be classified as objects of PBB based on their function and utilization as buildings. However, the implementation of PBB collection has not been carried out optimally due to the absence of specific regulations, limitations in tax object valuation mechanisms suited to the characteristics of floating houses, and social and cultural considerations within the community. Therefore, clear legal arrangements and equitable fiscal policies are required to provide legal certainty and to ensure effective PBB collection on floating houses without disregarding social values and local wisdom
Analysis of Decision Number 40/Pdt.P/2022/PA.Tgr Concerning Good Faith In Polygamy Without Court Permission
This study aims to analyze the application of legal provisions concerning polygamy licensing and the principle of good faith in polygamous marriages performed without court permission, specifically focusing on the legal considerations in the Tenggarong Religious Court Decision Number 40/Pdt.P/2022/PA.Tgr. The research employs a normative juridical methodology with statutory, case-based, historical, and conceptual approaches to evaluate primary and secondary legal materials gathered through literature review. The findings reveal that the petitioners’ marriage constitutes unauthorized polygamy that violates the mandatory requirements of Law No. 16 of 2019 and the Compilation of Islamic Law, as it was conducted without judicial approval or the first wife's consent. The court's analysis determines that the parties' decision to proceed with a secret marriage despite being aware of legal impediments serves as a definitive indicator of bad faith (malafide). Consequently, the panel of judges rejected the petition for marriage validation to prevent the creation of a negative precedent that could encourage the abuse of illegal polygamy and undermine legal certainty. This study concludes that strict adherence to procedural requirements and the principle of good faith are essential to maintaining the integrity of the marriage institution and protecting the rights of all parties involved.
Analysis of the Limitation of the Attribution Authority of the Director Gen-eral of Customs and Excise in the Redetermination of the Classification of Imported Goods Based on the Customs Law
This study analyzes the limits of the attribution authority of the Director General of Customs and Excise in the redetermination of the classification of imported goods based on Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006 (hereinafter referred to as the Customs Law). The classification of goods is an important element in customs administration that determines the amount of import duties, taxes, and potential licensing. The authority of the Director General of Customs and Excise in re-establishing the classification of imported goods, especially as stipulated in Article 17 of the Customs Law, has significant implications for legal certainty and compliance of business actors. This study aims to identify the scope, limitations, and legal implications of attribution authorities. Using normative legal research methods with legislative and conceptual approaches, this study examines various relevant laws and regulations and legal literature. The results of the study show that the attribution authority of the Director General of Customs and Excise in the reclassification of imported goods comes from Article 17 of the Customs Law, which provides a legal basis for making classification adjustments if there are differences. However, this authority is not absolute and is limited by the principles of administrative law. The implications of the reclassification include potential changes in import duty rates and the emergence of customs disputes. The study recommends the need for further clarity on the implementation of Article 17 of the Customs Law, as well as strengthening the monitoring mechanism.
Criminal Liability of the Organiser of the Free Nutritious Meals Programme From the Perspective of Criminal Law and Consumer Protection
The Free Nutritious Meals Programme is a high-risk public food service that requires strict safety and supervision standards, thus necessitating the establishment of a coherent criminal accountability framework. This study employs a normative legal method with a statutory, conceptual, and case approach to examine the relationship between the criminal law regime, consumer protection, and food policy in the implementation of the programme. The results show that beneficiaries fall into the category of functional consumers who are entitled to food safety and service quality. Criminal liability cannot be limited to individual perpetrators but must be built through a layered accountability model involving the central government as the standard setter, local governments as operational implementers, and contractors and vendors as food producers and distributors. The risks of poisoning, adulteration, and supervisory failure underscore the relevance of strict product liability for producers and oversight liability for public officials. This study concludes that an integrative model combining criminal law, consumer protection, and due diligence parameters is the most effective framework for ensuring food safety and accountability in the implementation of the Free Nutritious Meals Programme
Recovery of State Assets Through the Management of Assets Resulting From Criminal Acts With The Principle of Ongoing Concern: Maintaining The Sustainability of Asset Settlement
This study aims to analyze and construct the principle of Ongoing Concern in the legal context of asset management resulting from criminal acts, especially related to the Non-Conviction Based Asset Forfeiture mechanism in Indonesia. The Principle of Ongoing Concern, which is often used in the accounting and business worlds, was adapted in this study to see how the management of assets resulting from criminal acts can be carried out in a sustainable manner, even without criminalization. With a juridical-normative approach, this study analyzes existing regulations, laws and regulations related to asset confiscation and forfeiture, and challenges faced in the implementation of the Non-Conviction Based Asset Forfeiture mechanism in Indonesia. This research uses secondary data, obtained through a study of related legal literature, including books, journals, articles, and previous research. The results show that the application of the principle of Ongoing Concern in the management of assets resulting from criminal acts in Indonesia is still limited to the stage of confiscation and confiscation of assets, without clear guidelines for the interim management of confiscated assets. In addition, the institutions that manage assets resulting from criminal acts are not optimal, with a lack of coordination between law enforcement agencies and a lack of protection for the rights of third parties. This research formulates an ideal legal model that includes the establishment of an independent and professional asset management agency, cross-agency coordination procedures, and transparent audit and public reporting mechanisms. The resulting recommendations aim to create a more effective, accountable, and sustainable asset recovery system, with a focus on improving the technical capacity of law enforcement officials
Geopolitical Dimensions of Russia’s Control over the Peanut Hole in the Okhotsk Sea: Sovereignty and the Challenges of International Maritime Law
This research explores Russia’s geopolitical strategy in asserting control over the Peanut Hole in the Sea of Okhotsk, a strategically significant maritime area enclosed by Russia's Exclusive Economic Zone (EEZ). The research addresses the tension between Russia's sovereignty claims and international maritime law, particularly the United Nations Convention on the Law of the Sea (UNCLOS). This research examines the legal complexities and geopolitical implications of Russia's policy to extend its jurisdiction beyond the 200-nautical-mile limit, asserting exclusive rights over seabed resources while the waters above remain classified as high seas. The analysis critically evaluates Russia's motivations, including economic interests in vital resources like fish, oil, and gas, and the broader implications for global maritime governance. The study concludes that Russia's actions, while legally contentious, reflect a strategic effort to enhance its economic resilience and military influence in the region. This case studies found the evolving challenges in reconciling national sovereignty with international legal frameworks, offering valuable insights into maritime resource management and geopolitical power dynamics in the Asia-Pacific region
Legal Certainty and Protection for Original Certificate Holders in Disputes Regarding the Issuance of Replacement Certificates
This study aims to examine the legal protections afforded to buyers under a Sales and Purchase Agreement (SPA) and the legal certainty afforded to holders of original certificates in cases of replacement certificate issuance. This research employed a qualitative method with a normative-empirical approach through a review of laws and regulations, analysis of land documents, and a review of relevant cases. The results indicate that SPA does not provide sufficient legal protection if the land does not meet administrative and material requirements, particularly when the certificate used as the basis for the transaction is proven to be administratively flawed or is in dispute. The issuance of replacement certificates, the application of the principles of legality, accuracy, and prudence, are crucial in preventing and mitigating these risks. This study emphasizes the need to strengthen verification mechanisms and administrative oversight to ensure legal protection and to avoid land disputes
Application of Vicarious Liability Principles to Losses from the Use of Artificial Intelligence (AI) from a Civil Law Perspective
The existence of Artificial Intelligence (AI) as an artificial intelligence system not only provides many benefits but can also cause losses in its use if the AI produces an error that causes harm to others. The occurrence of losses due to the use of AI is certainly related to who is responsible and what form of liability is incurred for the losses caused. The purpose of this study is to determine the form of liability for the use of AI that causes harm based on the principle of vicarious liability or substitute liability. The research method used in this study is normative legal research with a statute approach and a conceptual approach. The results of the study show that, from a civil law perspective, AI cannot be categorized as a legal subject, whereby actions performed by AI are not legal actions that can be held liable. Therefore, the form of liability that can be applied to losses arising from the use of AI is the application of the principle of vicarious liability. In civil law, liability can generally take the form of unlawful acts (Article 1356 of the Civil Code) and vicarious liability (Article 1367 of the Civil Code). The principle of vicarious liability is contained in the provisions of Article 1367 of the Civil Code, which is a form of vicarious liability to another party who is responsible for the actions of another party under their responsibility. Thus, the principle of vicarious liability can be applied in fulfilling the need for a form of liability for losses arising from the use of AI before there are regulations that specifically regulate AI
“From Sea to Screen”: Government Digital Communication Strategies in Framing Maritime Security in the Riau Islands
The strategic location of the Riau Islands Province places it at the frontline of Indonesia’s maritime security challenges, particularly in relation to transnational crime and border governance. In the digital era, local governments increasingly rely on digital communication to frame maritime security issues; however, the communicative construction of these narratives remains insufficiently examined. This study aims to analyze how the Riau Islands Provincial Government frames maritime security through digital communication strategies. This research employs a descriptive qualitative approach using Robert N. Entman’s framing analysis. The data of the study comprises official digital communications produced by the Riau Islands Provincial Government, including selected social media posts, official website content, press releases, and policy-related digital materials on maritime security. Primary data were collected through in-depth interviews with representatives from government offices. Secondary data were collected through documentation, digital observation, and content archiving. Data were analyzed using Entman’s four framing dimensions: problem definition, causal interpretation, moral evaluation, and treatment recommendation. The findings reveal that maritime security is predominantly framed as an issue of sovereignty and national identity rather than merely an economic or technical concern. Disruptions to maritime security are constructed through narratives of external transnational threats and internal coastal governance challenges, reinforced by moral values of patriotism and coastal solidarity. Policy solutions emphasize institutional synergy among maritime agencies and maritime legal education for coastal communities. This study concludes that digital communication effectively builds symbolic legitimacy for maritime security policies but remains largely top-down and representational. The findings imply the need for more inclusive and participatory digital governance to strengthen substantive public engagement in maritime security
Traditional Border Crossing Agreement in the Settlement of the Noelbe-si-Citrana Boundary Dispute
The Noelbesi-Citrana boundary dispute between Indonesia and Timor-Leste is one of the biggest challenges in bilateral relations between the two countries. Differences in interpretation of historical documents, such as the 1904 Dutch-Portuguese Agreement, have created uncertainty regarding the boundary. In efforts to resolve this dispute, traditional mechanisms such as the Traditional Border Crossing Agreement (TBCA) have become a promising alternative. This article examines the role of this traditional approach in facilitating cross-border relations, reducing tensions between communities, and supporting formal diplomatic efforts. By highlighting the practices, benefits, and challenges of implementing traditional border crossing agreements (through tok tabua, mapua mamat, natoni, and tiun menu), this article emphasizes the importance of collaboration between local communities and the government in finding peaceful and sustainable solutions. These findings are expected to provide new insights for resolving boundary disputes in other regions. In this study, the researchers collected data through a survey using questionnaires and interviews. The survey results will be followed by a Forum Group Discussion (FGD) to further examine the desired objectives. Data analysis was conducted using the Craswell method, which essentially includes data preparation, tabulation, general sense, synthesis, and interpretation
The Role of the Central Tapanuli Regency Government in Supervising and Controlling Landslide-Prone Locations from a Siyasah Dusturiyah Perspec-tive (Case Study: Tapian Nauli Village)
This study aims to analyze the role of the Central Tapanuli Regency Government in monitoring and controlling landslide-prone areas in Tapian Nauli Village and review its implementation from a Siyasah Dusturiyah perspective. Tapian Nauli Village is included in an area with a high level of landslide vulnerability due to geographical conditions such as steep slopes, minimal vegetation, and uncontrolled land-use changes. The local government, through the Regional Disaster Management Agency (BPBD), has important responsibilities in disaster mitigation, spatial planning supervision, and community empowerment. However, the implementation of these functions faces obstacles such as budget constraints, weak inter-agency coordination, low public awareness, and weak environmental law enforcement. From a Siyasah Dusturiyah perspective, the government's responsibility in monitoring disaster-prone areas is a form of implementation of the leadership mandate to uphold justice ('adl) and public welfare (maslahah 'ammah). Thus, disaster monitoring policies must be implemented based on the principles of responsibility, justice, and public participation in accordance with Islamic values ??in governance
Conflict 2023–2025: An Analysis of International Humanitarian Law and Challenges Settlement by the International Criminal Court (ICC)
The conflict between Israel and Palestine is a prolonged conflict that continues to this day. The conflict peaked again on October 7, 2023 and caused many casualties on the Palestinian side. This study aims to find out about Israel's military aggression against Palestine in 2023-2025 based on international humanitarian law. In addition, it also aims to analyze the role and challenges of the ICC in resolving Israeli-Palestinian aggression based on international law. This research is a type of normative legal research with a statutory regulatory approach and a conceptual approach. The results of the study show that in the 2023-2025 Israeli-Palestinian conflict, Israel violated the principles of international humanitarian law and also the rules of international law itself as regulated in the Geneva Conventions and their additional protocols, as well as the Rome Statute which regulates its enforcement. To resolve the conflict, the ICC plays a role by investigating the Palestinian situation and issuing arrest warrants against those responsible for enforcing international humanitarian law. However, in its implementation there are challenges faced by the ICC, namely the ICC does not have an executive force authorized to carry out the warrants that have been issued, Israel is not a party to the Rome Statute, and there is great pressure from various countries that support Israel. The suggestion based on the results of the study is that the ICC must act independently and not be influenced by political pressure from any country, so that it can enforce humanitarian law as it should
Legal Protection for Victims of Domestic Violence from a Victimological Perspective (A Study of Decision No. 661/PID.SUS/2023/PN SMN)
Domestic violence remains a critical issue in Indonesia despite comprehensive legal frameworks established through Law Number 23 of 2004 on the Elimination of Domestic Violence. This study examines the legal protection afforded to victims of domestic violence from a victimological perspective, with a focus on Decision Number 661/Pid.Sus/2023/PN Smn. The research employs a normative legal approach, utilizing statutory analysis and case study methodology to evaluate the implementation of victim protection principles in judicial practice. Primary legal materials include relevant legislation and the court decision, analyzed through descriptive qualitative methods within a victimological framework. The findings reveal significant gaps between normative standards and practical implementation. While the legal framework comprehensively regulates victim rights including protection, restitution, and recovery, the examined court decision demonstrates fundamental deficiencies: absence of restitution orders, lack of protection orders to prevent repeat victimization, imposition of a suspended sentence that inadequately deters recidivism, and insufficient consideration of victims' psychological and economic vulnerabilities. The decision prioritizes the perpetrator's interests over victim protection, neglecting structural inequalities and power imbalances inherent in domestic violence cases. This study concludes that judicial practice requires substantial reform to fully integrate victimological principles, ensuring victims receive comprehensive protection, justice, and recovery while preventing secondary victimization.
Problematics of the Use of Kratom (Mitragyna speciosa) from the Perspective of Criminal Law
The problematic nature of the use and regulation of kratom in Indonesia, from the perspective of criminal law, remains in a state of legal uncertainty due to the absence of explicit regulation within the positive legal system. This study aims to analyze the juridical implications of this normative vacuum and to formulate an ideal and equitable regulatory framework. The research employs a normative legal research method using statutory and conceptual approaches, through an examination of legislation, legal doctrines, and relevant secondary legal materials. The findings indicate that the unclear legal status of kratom gives rise to policy disharmony among state institutions, undermines legal certainty, potentially violates the principle of legality, and creates risks of injustice for society, particularly for farmers and consumers. Furthermore, a purely criminalization-based approach is considered ineffective and may exacerbate the burden on the criminal justice system. This study concludes that the regulation of kratom in Indonesia must be designed in a comprehensive, proportional, and evidence-based manner by positioning criminal law as ultimum remedium, while balancing the interests of public health protection, legal certainty, and socio-economic justice
Legal Policy on Criminal Sanctions for Environmental Offenses at The En-vironmental Agency of Prabumulih City
This study examines legal policies regarding criminal sanctions for environmental crimes, focusing on their implementation at the Prabumulih City Environmental Agency. The problem arises because Law Number 32 of 2009 places criminal sanctions as the ultimum remedium, while local law enforcement practices still predominantly utilize administrative and civil sanctions. The study was conducted using a normative juridical approach, analyzed through literature and legal document studies, and supplemented by empirical observations of monitoring and enforcement practices in Prabumulih City. The results indicate that environmental criminal sanctions are not applied optimally, inter-agency coordination remains limited, and public participation in environmental monitoring is low, resulting in the ineffective prevention and prosecution of environmental violations under criminal law. The critical analysis emphasizes the need to reposition criminal sanctions as the primary instrument, increase the capacity of the Environmental Agency, and strengthen synergy between the state and the community. These findings are expected to inform policymakers and law enforcement officials to strengthen environmental protection at the regional and national levels
Handling Organized Land Crimes through Collaborative Governance In Central Kalimantan Province
Research This leave from increasing case action criminal land that is carried out in a way organized or known with the term land mafia , which gives rise to inequality agrarian and weakening trust public to system law . Problems main thing studied is How effectiveness approach collaborative between institution in handling action criminal land in Central Kalimantan Province through the Integrated Team Prevention and Eradication of Land Mafia. Research This use approach juridical empirical (socio-legal research) with characteristic descriptive-analytical , through collection of primary data and secondary data ( regulations legislation , documents official , and literature law ). Research results show that approach collaborative between the Ministry of ATR/BPN, the Prosecutor's Office , the Police , and the Regional Government has strengthen coordination in pre-vention and enforcement law case land , although Still there is constraint in the form of limitations authority , overlapping overlap regulations , and not yet optimally digitization of land data . Therefore that , is necessary formation regulations special about action criminal land , strengthening institutional Task Force become permanent , and integration digital- based data system for realize enforcement effective , transparent and just law agrarian
Freedom of Expression: "Pornography" in the Digital Age Perspective on Criminal Justice System Synchronization
The formulation of the problem in this study is that freedom of expression related to pornography in the digital era requires synchronization of the criminal justice system, so the aim of this study is to harmonize its handling. The research method is doctrinal research using primary and secondary legal materials that produce legal arguments, legal theories/legal concepts and tertiary legal materials. Using a statute approach, conceptual approach, comparative approach and deductive analysis. The results of the research, substantial, structural and cultural synchronization are needed in the Criminal Justice System to handle pornography in the digital era. Article 28J paragraph (1,2) of the 1945 Constitution of the Republic of Indonesia, Article 8 of Law No. 44/2008 concerning Pornography, Constitutional Court Decision No. 82/PUU-XVIII/2020, Law No. 19/2016 concerning Amendments to Law No. 11/2008 concerning Electronic Information and Transactions, Article 70 of Law No. 39/1999 concerning Human Rights and Presidential Decree No. Law No. 25/2012, which regulates the prevention and handling of pornography, requires freedom of expression within the law, not absolute freedom. Synergy between the central government, regional governments, the Ministry of Communication and Digital, the Indonesian Broadcasting Commission, religious institutions, the Child Protection Commission, the National Commission on Violence Against Women, the Criminal Justice System, and international cooperation is essential. Therefore, research contributions are needed to realize the synchronization of the Criminal Justice System with efforts to eradicate pornography in the digital era
Judicial Control over Prolonged Criminal Investigations: Pretrial Remedies in the Light of Progressive Law
The absence of a clear time limit for criminal investigations under the Indonesian Criminal Procedure Code (KUHAP) has frequently resulted in protracted investigations, effectively keeping individuals in a state of perpetual suspecthood. Textually, Article 77 of KUHAP limits the scope of pretrial review (praperadilan) to a closed list, without explicitly including investigation delays as a reviewable matter. This limitation generates legal uncertainty for suspects and impedes the protection of fundamental human rights guaranteed in criminal proceedings. This study examines the urgency of expanding the scope of pretrial review to encompass unduly prolonged investigations. Using a qualitative method with a normative-juridical approach, it analyzes primary, secondary, and tertiary legal materials to identify legal gaps and propose normative solutions. The findings indicate that investigations prolonged without reasonable justification violate human rights and undermine the principles of prompt, simple, and low-cost justice. From a progressive law perspective, pretrial applications challenging undue delay should be admissible to prevent abuse of authority by investigators. Consequently, unreasonably prolonged investigations lacking active and genuine investigative measures should be construed as a form of material termination of investigation. The study recommends that pretrial judges apply progressive legal reasoning (rechtsvinding) to accept such applications, thereby ensuring legal certainty and restoring the rights of suspects affected by defective judicial administration
Discriminatory Practices Against Sellers by the Shopee Marketplace from the Perspective of Law Number 5 of 1999 and the Principle of Al-‘Ad?lah According to Sayyid Qutb
This study examines the practice of seller discrimination by the Shopee marketplace, which emerges through algorithmic policies, paid promotional services, and platform features that tend to favor certain sellers. This issue is analyzed based on Law No.?5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, as well as the principle of justice in Islamic economics, which emphasizes distributive fairness and balance in commercial transactions (muamalah). This research employs a normative juridical with a constitutional and philosophical approach to identify the impact of such approach discrimination on small and medium-sized enterprises (SMEs) that operate as sellers on the Shopee platform. The findings show that the existence of paid promotions, store rankings, and Shopee’s algorithmic recommendations potentially leads to unfair business competition, as these systems prioritize sellers who can afford to pay more for greater visibility. This directly weakens the position of smaller sellers, limits their market access, and creates disparities that contradict the principles of justice in Islamic economics, which call for equal opportunities and fair treatment for all business actors.Therefore, stricter oversight from competition authorities and regulatory evaluation are needed to ensure fair, healthy competition that aligns with both legal norms and Islamic economic values. This research is expected to contribute to strengthening digital business competition policies based on the values of Sharia justice