About The Journal Jurnal Ilmu Hukum Kyadiren (JIHK) is a journal published by the Center for Research and Community Service of Biak’s School of Law (STIH Biak-Papua). Articles in JIHK are published twice a year (January and July). JIHK accepts scientific writings from conceptual ideas and research results that have never been published, especially those related to the legal field. The editor has the right to make revisions for various formats, terms, and footnotes without reducing and changing the content and intent of the writing. The articles are published in Indonesian and English. ISSN: 2715-503X (online) ISSN: 2502-5058 (Print) DOI: 10.46924/jihk Distribution : Open Access Publisher : PPPM Sekolah Tinggi Ilmu Hukum Biak-Papua Author Guidelines Submit Paper Now!
PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua
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Marriage Dispensation Following Amendments to the Marriage Law: A Study on the Legal Awareness of the Jember Regency Community
Five years after the amendment of Law No. 16 of 2019, applications for marriage dispensations have risen sharply, particularly in Jember Regency, which recorded the highest rate in East Java. This article examines whether this phenomenon reflects an increase in legal awareness or merely administrative compliance with the ongoing practice of child marriage. Using a juridical-sociological approach, this study combines normative analysis of legal regulations and concepts with empirical data obtained through observation, interviews, and documentation. The findings reveal that although Supreme Court Regulation (PERMA) No. 5 of 2019 provides clear guidelines for judges, Pandalungan cultural influences and socioeconomic factors continue to sustain early marriage practices. The surge in cases demonstrates a form of instrumental legal awareness—people understand the law but utilize it to maintain traditional norms. This research recommends strengthening evidentiary standards, implementing mandatory psychosocial and medical assessments, and promoting community-based prevention strategies.
Copyright (c) 2025 Rina Suryanti, Inayatul Anisah https://creativecommons.org/licenses/by/4.0
Enforcement of Maternity Leave Rights for Female Workers under Labor Law
The protection of maternity leave rights for female workers represents an embodiment of the principles of social justice and humanity as mandated in Article 27(2) of the 1945 Constitution. However, in practice, violations of these rights continue to occur across various employment sectors. This study aims to analyze the legal provisions governing maternity leave rights under Law No. 13 of 2003 on Manpower and to evaluate the extent to which their implementation reflects the principles of justice, legal certainty, and humanity. Employing a normative juridical approach through the analysis of primary and secondary legal materials as well as industrial relations court cases, the study finds that although the normative framework provides clear legal protection, its implementation remains weak due to inadequate supervision, low legal awareness, and persistent gender bias in the workplace. In conclusion, the Indonesian labor law system formally upholds legal certainty but has yet to fully achieve substantive justice and humanitarian protection for pregnant female workers.
Copyright (c) 2025 Florentina Ezrahi Octwelfth, Rasji Rasji https://creativecommons.org/licenses/by/4.0
Judicial Reasoning in Personal Data Misuse Cases
The rapid advancement of digital technology has heightened the risk of personal data misuse, thereby necessitating effective law enforcement under Law Number 27 of 2022 on Personal Data Protection (PDP Law). This study aims to examine judges’ legal reasoning in adjudicating cases of personal data misuse and to analyze the application of the PDP Law within Indonesia’s criminal justice system. Specifically, it assesses the alignment between the ideal legal principles (das sollen) and the practical implementation (das sein). Employing a normative juridical approach combined with qualitative analysis, this research examines three court decisions: Decision No. 77/Pid.Sus/2024/PN Tangerang, Decision No. 78/Pid.Sus/2024/PN Tangerang, and Decision No. 5/Pid.Sus/2023/PN Karanganyar. The findings reveal that judges have begun to internalize the paradigm of personal data protection through the application of Articles 67 and 68 of the PDP Law, although variations in interpretation and implementation persist. The study concludes that Indonesia’s judicial practice is undergoing a gradual transition toward a more consistent enforcement of privacy law, yet further development of jurisprudential guidelines and enhanced judicial capacity remain essential to strengthening privacy protection in the digital era.
Copyright (c) 2025 Clarissa Mayella Chandra, Rasji Rasji https://creativecommons.org/licenses/by/4.0
The Impact of Regulatory Deregulation on the Effectiveness of Hazardous and Toxic Materials (B3) Management Permits at PT Futai Tanjung Merah
Amendments to environmental regulations under Law No. 11 of 2020 on Job Creation have generated significant implications for the environmental licensing framework, particularly in the management of Hazardous and Toxic Substances (B3). This study aims to provide a comprehensive examination of the technical procedures for implementing B3 management permits at PT Futai Tanjung Merah, Bitung City, in accordance with Law No. 32 of 2009, Government Regulation No. 74 of 2001, and Government Regulation No. 101 of 2014. It also analyzes the administrative, technical, and institutional barriers that affect the effectiveness of implementation. Employing a descriptive qualitative design with a juridical-empirical approach, this research utilizes interviews, field observations, and legal document analysis as its primary data collection methods. The findings reveal that, while the implementation of B3 permits generally complies with existing regulations, their overall effectiveness remains constrained by policy overlaps, inadequate supervision, and limited public participation. The study concludes that achieving efficient environmental permit governance requires stronger synergy between legal certainty, institutional capacity, and public transparency.
Management of Hazardous and Toxic Substances
Copyright (c) 2025 Deizen D. Rompas, Harly S. Muaja, Roy Ronny Lembong https://creativecommons.org/licenses/by/4.0
Assessing the Proportionality of Criminal Sanctions Imposed on Notaries and Land Deed Officials (PPAT) in Document Forgery Cases
The growing complexity of document forgery and money laundering cases involving notaries and Land Deed Officials (PPAT) has raised serious concerns regarding the boundaries of criminal liability for public officials. This study aims to identify and assess the criminal liability of notaries and PPATs and to analyze the alignment of criminal sanctions with the principles of justice, legal certainty, and the objectives of criminal punishment, as reflected in the West Jakarta District Court Decision No. 248/Pid.B/2022/PN.Jkt.Brt. The research employs a normative juridical approach, utilizing case-based, conceptual, and statutory analyses. The findings reveal that the criminal liability of notaries and PPATs remains uncertain, particularly in establishing elements of culpability and ensuring the proportionality of sanctions. In conclusion, while law enforcement in this case has achieved legal certainty, it has not yet fully realized substantive justice or the restorative justice objectives of punishment.
Copyright (c) 2025 Saiful Harun Alhakim Hafid, B.F. Sihombing https://creativecommons.org/licenses/by/4.0
Skincare Product Safety Regulations in Indonesia and Asian Countries within the Framework of International Legal Standards
This study is driven by the rapid expansion of the global cosmetics trade, which necessitates the alignment of national regulations with international legal standards, particularly in relation to skincare product safety. The objective of this research is to examine Indonesia’s administrative regulations on skincare safety, compare them with those of selected East Asian countries, and evaluate their conformity with international legal frameworks. Employing a qualitative approach, this study utilizes descriptive-comparative analysis of national legal instruments, international standards, and relevant academic literature. The findings reveal that Indonesia has adopted the ASEAN Cosmetic Directive (ACD) harmonization framework; however, its implementation continues to encounter challenges in areas such as regulatory oversight, bureaucratic processes, and technical capacity. In comparison with Japan, South Korea, and China, Indonesia’s regulatory framework remains less integrated. The study concludes that strengthening institutional capacity and enhancing regulatory harmonization are essential to achieving greater alignment with the WTO’s Technical Barriers to Trade (TBT) principles and other international standards.
Copyright (c) 2025 Laurenzia Luna, Vanessa Christabelle, Vicanty Wijaya, Virginia Chieko Elsputri https://creativecommons.org/licenses/by/4.0
A Comparative Study of Regulation and Law Enforcement on Narcotics, Specifically Methamphetamine, in Indonesia and the Philippines
This study compares the institutional frameworks of the Indonesian National Narcotics Agency (BNN) and the Philippine Drug Enforcement Agency (PDEA) using W. Richard Scott’s regulatory and normative pillars. Both agencies operate under presidential authority but adopt different operational styles. The Philippines applies a highly repressive approach through Duterte’s “war on drugs,” while Indonesia combines punitive and rehabilitative measures with legal protection for cooperative users. Using a qualitative-comparative method and legal document analysis, this study examines narcotics law enforcement, treatment of users and dealers, and rehabilitation strategies, focusing on methamphetamine. Findings reveal convergence in regulation and sanctions, but significant differences in implementation—repressive in the Philippines versus legal-rehabilitative in Indonesia. Convergence and securitization theories explain how domestic and global pressures shape narcotics law narratives.
Copyright (c) 2025 Ori Va Malquna, Ulfah Nurfadilah https://creativecommons.org/licenses/by/4.0
Dualism in Indonesian Criminal Law: Between Codified Justice and Syariah Morality
This study is motivated by the dualism within Indonesia’s criminal law system, particularly between the 2023 Criminal Code (KUHP) as a form of national codification and the Aceh Qanun Jinayat as an embodiment of Islamic sharia-based autonomy. The purpose of this research is to analyze and compare the principles, objectives, types of sanctions, and sentencing mechanisms within these two systems, while identifying points of friction and forms of normative coexistence in relation to the principles of legality, proportionality, and the protection of human rights. A normative–comparative juridical approach was employed, involving the analysis of statutory provisions, legal doctrines, and judicial decisions. The findings reveal that the 2023 Criminal Code adopts a retributive–utilitarian–restorative balance, whereas the Qanun Jinayat emphasizes moral–religious legitimacy through hudud and ta’zir sanctions. It is concluded that harmonizing both systems requires an integrative framework grounded in legal pluralism that simultaneously ensures legal certainty and safeguards human rights.
Copyright (c) 2025 Novaldi Abi Putra, Faradila Rizkia Saputri https://creativecommons.org/licenses/by/4.0
Reformulation of the Legal Liability of Land Deed Officials for Defects in Authentic Deeds
This study is motivated by the growing number of legal violations committed by Land Deed Officials (PPAT), encompassing administrative, ethical, and even criminal misconduct, as exemplified by the Magelang District Court Decision No. 56/Pid.B/2022/PN.MGG concerning the forgery of sale and mortgage deeds. The purpose of this research is to analyze the legal responsibility of PPATs in drafting authentic deeds that contain legal defects or elements of forgery and to examine the interrelation among administrative, ethical, and criminal violations within the framework of Indonesian positive law and the constitutional principle of social justice enshrined in the 1945 Constitution of the Republic of Indonesia. This research employs a normative juridical method using a statutory and case study approach. The findings reveal overlapping accountability mechanisms between ethical and criminal dimensions, as well as inadequate supervision of PPAT practices. It is therefore concluded that a reformulation of the sanction and supervision system for PPATs is necessary to ensure proportionality and alignment with the constitutional principle of social justice.
Copyright (c) 2025 Dini Anggraini Sudarwati, Astim Riyanto, Indah Harlina https://creativecommons.org/licenses/by/4.0
Notary Negligence and Legal Consequences in Unlisted Heirs Cases
This study is motivated by the emergence of legal issues in notarial practice concerning the issuance of a Certificate of Inheritance Rights (SKHW) that fails to include all lawful heirs, potentially leading to disputes and diminishing public trust in the notarial profession. The objective of this research is to analyze the legal liability of notaries for such negligence based on the provisions of the Civil Code (KUHPerdata) and the Notary Law (UUJN), as well as to examine the legal consequences and validity of the deed through an analysis of the Tegal District Court Decision Number 9/Pdt.G/2021/PN.Tgl. The study employs a normative juridical method with statutory and case approaches. The findings reveal that an SKHW excluding certain heirs remains formally valid but is materially defective and may be annulled by a court ruling. It is concluded that notaries bear limited formal liability but are nonetheless obliged to uphold the principle of prudence to ensure the substantive truth of the deed.
Copyright (c) 2025 Alan Yohansyah Simatupang, Adnan Hamid, Fitra Deni https://creativecommons.org/licenses/by/4.0
Revitalization of Biak Numfor Customary Dispute Resolution: Harmonization of the Criminal Justice System in Indonesia
Customary law is an option in resolving problems and disputes that occur in the indigenous people of Biak Numfor Regency. However, with the passage of Law Number 1 of 2023 concerning the Criminal Code, in deciding all problems, they still pay attention to the laws that live in society. Of course, this will cause an overlap between the two legal systems so that it requires revitalization and harmonization of the two laws. The research is a type of empirical research using the legal pluralism approach. As for this study, snowball sampling and purposive sampling are used in answering the problems raised. The results of the study show that customary law can be harmonized with positive law but with slight changes the difference between the two laws
revitalisation, harmonisastion, customary law, restorative justice.
Copyright (c) 2025 Yanuriansyah Ar Rasyid, Leni Sipra Helen Rahakbauw https://creativecommons.org/licenses/by/4.0
Legal Protection for Consumers Against Fake Reviews on E-Commerce Platforms: The Perspective of Consumer Protection Laws
This study aims to analyze regulations related to fake reviews on e-commerce platforms based on consumer protection laws, examine platform policies in preventing fake reviews, and identify obstacles to law enforcement. The method used is normative juridical with a statutory and conceptual approach, using secondary, primary, and tertiary data that are analyzed qualitatively descriptively. The results of the study show that the regulation of fake reviews has been covered in the UUPK and the ITE Law, although it is not explicitly mentioned. Platforms such as Shopee, Tokopedia, and Lazada have prevention policies, but law enforcement is constrained by the burden of proof and low consumer reporting. It is recommended that the government and e-commerce platforms develop automatic detection technology and make it easier for consumers to return goods.
fake Reviews, consumer protection, e-commerce, law enforcement.
Copyright (c) 2025 Suharto, Ali Huristak Hartawan Hasibuan, Yanuriansyah Ar Rasyid https://creativecommons.org/licenses/by/4.0
Constitutionalism and the Debate Surrounding the Suspension of the Advocates’ Association
The suspension of advocates’ Oath of Office (BAS) by the High Court raises significant concerns within the framework of Indonesian procedural law and state administration. The core issue stems from the absence of an explicit legal basis authorizing such action, which may contravene the principles of legality, constitutionalism, and the protection of advocates’ fundamental rights. This study aims to examine the legal legitimacy of the BAS suspension, evaluate its compliance with constitutional principles, and explore its philosophical implications for the role of advocates as law enforcers on a par with judges, prosecutors, and police officers. Employing a normative juridical approach with a focus on doctrinal analysis of the Advocates Law, the 1945 Constitution, relevant court decisions, and legal literature, the study finds that the BAS suspension constitutes an ultra vires act. Consequently, this measure undermines the rule of law, diminishes the independence of the legal profession, and has the potential to disrupt public access to justice, highlighting the need for more robust regulatory reforms.
Copyright (c) 2025 Lutfiadi Lutfiadi https://creativecommons.org/licenses/by/4.0
The Legal Force of Article 1977 of the Indonesian Civil Code Regarding Ownership of Unregistered Movable Property
Technological and socio-economic developments have generated significant challenges for the application of Article 1977 of the Indonesian Civil Code (Burgerlijk Wetboek/BW), which governs ownership of unnamed movable property. Normatively, this provision stipulates that possession is deemed equivalent to ownership. However, in practice, difficulties arise in relation to modern electronic devices such as mobile phones and laptops, which can be uniquely identified through IMEI codes or serial numbers. This study examines the binding force of Article 1977 of the Civil Code, explores the legal issues associated with the ownership of unnamed movable property, and evaluates the provision’s relevance within the contemporary socio-economic and technological context. The research employs a normative juridical approach, supported by doctrinal analysis, statutory interpretation, and review of empirical literature on movable property ownership. Findings reveal that, although Article 1977 continues to provide formal legal certainty, it fails to adequately address technological advancements. Accordingly, the integration of digital identification mechanisms is essential to ensure substantive justice and safeguard property rights.
Copyright (c) 2025 Muhammad Yunus Abdi, Ramadani Ramadani https://creativecommons.org/licenses/by/4.0
Spatial Conflicts Between Protected Rice Fields and Regional Spatial Planning in the Context of Sustainable Agricultural Land Protection
The protection of Protected Rice Fields (LSD) serves as a strategic instrument for safeguarding national food security, as mandated by Law No. 41 of 2009 and Law No. 26 of 2007. However, its implementation is frequently hindered by inconsistencies between satellite-based LSD maps and Regional Spatial Planning (RTRW), resulting in legal uncertainty and economic losses, particularly for parties bound by contracts established prior to the policy’s enactment. This study employs a normative-juridical approach, incorporating legislative, conceptual, and case-based analyses to examine the legal framework, implementation practices, and normative–empirical gaps. The findings reveal weak synchronization between central and regional policies, the absence of derivative regional regulations, and the lack of transitional mechanisms for preexisting contracts. It concludes that effective LSD protection requires policy harmonization, integration into the RTRW, on-site verification, compensation mechanisms, and enhanced public participation to ensure fairness, legal certainty, and the sustainable use of agricultural land
Copyright (c) 2025 Jihan Nurfajrina Radhwa, Waluyo Waluyo https://creativecommons.org/licenses/by/4.0
Artificial Intelligence and Criminal Liability: A Preliminary Study within the Indonesian Legal System
The rapid development of Artificial Intelligence (AI) presents significant challenges for Indonesian criminal law, particularly in determining accountability for actions involving AI, whether as an auxiliary tool or as an indirect perpetrator. This study seeks to examine the current criminal law framework, identify deficiencies in the Criminal Code (KUHP), the Electronic Information and Transactions Law (ITE Law), and related regulations, and assess the applicability of alternative liability models, including vicarious liability and strict liability. Employing a normative juridical approach—through the analysis of statutory provisions, legal doctrine, and international case studies—this research finds that national regulations remain predominantly reactive, fail to adequately anticipate the emergence of autonomous AI, and encounter technical evidentiary challenges arising from the ‘black box’ phenomenon. The findings suggest that alternative liability models are better suited to the distinctive characteristics of AI. The study concludes that a responsive reformulation of criminal law norms is essential to ensure legal certainty, protect victims, and facilitate effective law enforcement in the context of AI.
Copyright (c) 2025 Novelina Mutiara Sariati Hutapea, Desy Kartika Caronina Sitepu, Jenriswandi Damanik, Srikandi Karmeli Lusia Sianipar https://creativecommons.org/licenses/by/4.0
Stalled Village Democracy: Analyzing the Role of Village Consultative Bodies (BPD) in the Formulation of Local Regulations
The Village Consultative Body (BPD) plays a pivotal role in formulating Village Regulations (Perdes), holding strategic importance in fostering participatory and democratic village governance. Nevertheless, in practice, legislative awareness among BPD members remains limited, and community participation in the process is minimal. This study examines the effectiveness of the BPD’s legislative authority in the formulation of Village Regulations, with a focus on members’ legislative awareness, community involvement, and the structural and cultural barriers they face. Employing a juridical-sociological approach and descriptive qualitative methods, the research was conducted in three villages within Tlanakan District, Pamekasan Regency. The findings reveal that the BPD tends to be passive, often co-opted by the authority of the Village Head, and unable to exercise its legislative function independently and substantively. Community participation is largely symbolic, hindered by low regulatory literacy. The study concludes that strengthening institutional capacity and reforming local power dynamics are crucial to ensuring accountable village legislation.
Copyright (c) 2025 Syafiuddin Syafiuddin, Nadir Nadir , Win Yuli Wardani, Adriana Pakendek https://creativecommons.org/licenses/by/4.0
Restorative justice represents an alternative approach in the criminal justice system that prioritizes the restoration of relationships among offenders, victims, and the community. In Indonesia, its implementation remains limited and has yet to be fully integrated into the broader justice framework. This study aims to examine the application of restorative justice principles across various levels of law enforcement, identify normative, institutional, and sociological barriers, and propose strategic recommendations for national legal reform. Employing a juridical-normative and empirical methodology—through document analysis and semi-structured interviews—this research reveals that the application of restorative justice remains fragmented. Contributing factors include an underdeveloped legal foundation, inadequate institutional capacity, and cultural resistance within communities. The study concludes that comprehensive national regulations are essential to institutionalize restorative justice principles, thereby fostering a more humane, participatory, and restorative criminal justice system that moves beyond retributive paradigms.
Copyright (c) 2025 Michael Deo Leorenzius Sihole https://creativecommons.org/licenses/by/4.0
An Islamic Values-Based Evaluation of the Shortcomings in the Smart Indonesia Scholarship Program
The Indonesia Smart Program (PIP) is a strategic governmental initiative designed to enhance access to higher education for students from economically disadvantaged backgrounds. Despite its intended benefits, the program’s implementation within faith-based higher education institutions—such as Raden Intan State Islamic University (UIN) in Lampung—continues to encounter structural and ethical challenges, particularly among scholarship recipients residing in Ma’had al-Jami’ah (Islamic boarding schools). This study aims to examine the implementation of Minister of Education and Culture Regulation No. 10 of 2020, identify both supporting and inhibiting factors, and evaluate the policy through the lens of Islamic public law (Fiqh Siyasah Tanfidziyah). Employing a descriptive qualitative method and a normative-sociological approach, the study finds that while the PIP has contributed positively to educational participation, it still faces issues related to data validation, delays in fund disbursement, and misallocation of resources. From the perspective of Islamic jurisprudence, the findings underscore the necessity of upholding the principles of trustworthiness, justice, and transparency in public policy implementation. Ongoing evaluation and reform are essential to align the program with Islamic ethical values and to promote more equitable educational outcomes.
Copyright (c) 2025 Dewi Puput Saputri, Agustina Nurhayati, Fathul Mu’in https://creativecommons.org/licenses/by/4.0
E-Commerce Disputes and the Law of Default
The rapid growth of e-commerce in Indonesia has introduced new challenges in applying the concept of default (breach of contract) as outlined in the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata), which has not yet fully accommodated the unique characteristics of digital transactions. This study aims to reconstruct the legal concept of default to better align with the nature of electronic contracts, identify various forms of breach occurring within the e-commerce ecosystem, and propose a dispute resolution framework grounded in civil law principles, consumer protection, and digital innovation. Employing a normative juridical approach and comparative legal analysis, this research finds that defaults in e-commerce transactions are often transnational and multifaceted, involving business actors, consumers, and digital platforms, while encompassing new issues such as data security breaches and technological system failures. The study recommends regulatory reform through the development of a national Online Dispute Resolution (ODR) model and the harmonization of relevant sectoral laws. In conclusion, adapting the traditional concept of default and promoting innovation in dispute resolution mechanisms are essential to ensure legal certainty and fairness in the digital era.
Copyright (c) 2025 Nanang Ibrahim, Marsel Fenanlabir https://creativecommons.org/licenses/by/4.0
The protection of children and women as vulnerable groups is a constitutional mandate enshrined in Article 28C of the 1945 Constitution of Indonesia, and it reflects both universal human rights principles and the foundational values of Pancasila. This study aims to examine the alignment of national legal norms with universal human rights standards, assess the effectiveness of legal protections afforded to children and women, and identify regulatory and implementation gaps that contribute to structural injustice. Employing a normative-juridical approach and analyzing five case studies of violence, the findings reveal that while Indonesia's legal framework is relatively progressive, its implementation remains hindered by institutional, socio-cultural, and political challenges. The study concludes that legal reform, institutional strengthening, and a more victim-centered legal approach are essential to achieving substantive justice for vulnerable populations. These findings provide important insights for the development of more comprehensive and impactful legal policy frameworks.
Copyright (c) 2025 Much Hasyim, Nourma Dewi, Firstnandiar Glica Aini https://creativecommons.org/licenses/by/4.0
Can Electronic Evidence Constitute Sufficient Grounds for Criminal Liability?
The advancement of information technology has triggered a paradigm shift in the evidentiary system of criminal law, particularly concerning the legality and authenticity of electronic evidence. This study seeks to examine the legal standing of electronic evidence within the Indonesian criminal procedure framework, assess the impact of Constitutional Court Decision No. 20/PUU-XIV/2016, and evaluate the admissibility of such evidence in light of evidentiary principles and the role of digital forensics. Employing a normative juridical approach, the analysis is based on statutory regulations, judicial decisions, and relevant legal scholarship. The findings reveal that while electronic evidence has been formally acknowledged through the Electronic Information and Transactions (ITE) Law and reinforced by the Constitutional Court’s decision, significant challenges persist in both its technical implementation and legal admissibility in court proceedings. Digital forensics plays a critical role in safeguarding the integrity and reliability of electronic evidence. The study concludes that reforming the Indonesian Criminal Procedure Code and developing standardized digital evidence protocols are essential to ensuring justice and legal certainty.
Copyright (c) 2025 Atang Suryana, Marius Suprianto Sakmaf https://creativecommons.org/licenses/by/4.0
Environmental Law, the State, and the People
Widespread environmental degradation in Indonesia frequently gives rise to conflicts among local communities, the state, and business entities. Although Law No. 32 of 2009 provides a legal framework for resolving environmental disputes, the effectiveness of its implementation remains uncertain. This study examines the efficacy of both litigation and non-litigation mechanisms—particularly mediation and administrative approaches—in addressing such disputes. It also assesses the integration of customary law into the national legal system and identifies critical weaknesses in the enforcement of environmental regulations. Employing a normative legal approach supported by case studies of nine environmental conflict cases, the findings indicate that mediation and administrative legal processes often fail to deliver ecological justice. Moreover, customary law remains insufficiently harmonized with formal legal structures. Weak law enforcement, overlapping institutional authorities, and limited community participation further hinder effective resolution. The study concludes that regulatory reform, the strengthening of customary legal systems, and community empowerment are essential to enhancing environmental dispute resolution in Indonesia.
Copyright (c) 2025 Febri Hastiyanto, Femmy Silaswaty Faried, Nourma Dewi https://creativecommons.org/licenses/by/4.0
A Critical Review of Shopee’s Consumer Compensation Policies
The rapid growth of e-commerce in Indonesia has led to a significant rise in digital transactions; however, this expansion has not been accompanied by a commensurate advancement in the effectiveness of consumer protection, particularly regarding compensation mechanisms. This study aims to examine the extent to which the compensation system on the Shopee platform safeguards consumer rights both procedurally (in terms of accessibility and transparency) and substantively (in terms of fairness of compensation). It also seeks to identify the power imbalance between business actors and consumers and to evaluate the application of Article 19 of Law Number 8 of 1999 on Consumer Protection within the context of digital transactions. Employing a normative legal approach and qualitative analysis of relevant regulations, platform policies, and user case studies, the study reveals that Shopee’s compensation mechanism remains inadequately transparent and equitable, with significant dominance by business actors. This structural imbalance undermines the effective protection of consumer rights. The findings highlight the urgent need for regulatory reinforcement and the development of a more solution-oriented online dispute resolution framework.
Copyright (c) 2025 Jumiran Jumiran, Alice Bonggoibo, Junaedi Kariadi https://creativecommons.org/licenses/by/4.0
Legal Protection of E-Commerce Consumers’ Personal Data Under Indonesian Law
The protection of consumer personal data within Indonesia’s digital ecosystem remains a critical challenge, particularly following the enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law). This study aims to examine the implementation of the PDP Law from three key perspectives: government oversight, compliance among e-commerce business actors, and consumer legal awareness. Employing a combined normative and sociological legal approach, the study utilizes literature review as its primary data collection method. The findings reveal three primary impediments to effective implementation: the absence of an independent supervisory authority, the largely formalistic compliance of digital business entities, and the low level of legal literacy among consumers regarding their personal data rights. The study also highlights potential overlaps with provisions in the Electronic Information and Transactions (ITE) Law, particularly in terms of jurisdiction and enforcement mechanisms. In conclusion, without robust institutional support and comprehensive public legal education, the PDP Law risks becoming ineffective in safeguarding consumer privacy and ensuring meaningful personal data protection in the digital age.
Copyright (c) 2025 Isak Semuel Kejne Mansawan, Jonhi Sassan, Jefri Bernard https://creativecommons.org/licenses/by/4.0
Marriage Contract in the Presence of a Corpse
The tradition of conducting a marriage contract in front of the deceased parents’ bodies remains preserved in Aji Jaya KNPI Village, Gedung Aji District, Tulang Bawang Regency. Rooted in symbolic and spiritual motives—such as fulfilling the final wishes of the deceased and upholding family honor—this practice continues to be observed as a customary norm. This study aims to examine the validity of the practice from the perspective of Islamic law, assess its status through the concept of ʿurf ṣaḥīḥ, analyze the 40-day post-marital abstinence as a local customary prohibition, and construct normative arguments within the frameworks of Islamic family law and Indonesian positive law. Employing a descriptive qualitative methodology, data were collected through interviews, observations, and document analysis. The findings reveal that the practice is legally valid under Islamic law if the essential pillars and conditions of marriage are fulfilled, and may be classified as ʿurf ṣaḥīḥ when it does not contradict sharia principles. However, under Indonesian state law, the marriage holds no legal standing unless registered with the Office of Religious Affairs (KUA). In conclusion, this tradition reflects a form of legal and cultural syncretism between local customs, Islamic jurisprudence, and formal legal norms—requiring thoughtful management and contextual understanding.
Copyright (c) 2025 Elsa Jeni Isma Sari, Yusuf Baihaqi, Agus Hermanto https://creativecommons.org/licenses/by/4.0
Public Trust and the Legal Validity of Electronic Signatures in Indonesia
The advancement of digital technology has accelerated the adoption of electronic signatures (ETS) in a wide range of civil transactions in Indonesia. However, their legal validity and evidentiary strength continue to present significant challenges. This study seeks to examine the legal foundations governing the validity of ETS within the framework of Indonesian civil law, evaluate their recognition as admissible evidence in judicial proceedings, and identify key implementation barriers related to technical infrastructure, procedural limitations, and public trust. Employing a normative legal approach combined with jurisprudential analysis of court decisions from 2018 to 2025, the study finds that while certified ETS are normatively recognized as legally valid, their practical application remains inconsistent—particularly in cases involving uncertified ETS. The primary impediments include limited technical capacity among law enforcement personnel, low levels of digital literacy, and uneven access to certification infrastructure. In conclusion, the effective implementation of ETS in Indonesia requires regulatory harmonization, capacity-building within judicial institutions, and efforts to strengthen public confidence in the legal validity and security of ETS within the national legal system.
Assessing the Effectiveness of Sukoharjo Bawaslu in Electoral Oversight Amid Institutional Constraints
This study is driven by the pressing need for effective and independent election oversight to ensure the 2024 General Election is conducted in a democratic, honest, and fair manner. The primary focus is to evaluate the institutional existence and performance of the Sukoharjo Regency General Election Supervisory Body (Bawaslu) in executing its supervisory functions across all stages of the electoral process, as well as to identify the strategies employed for preventing and addressing electoral violations. Utilizing an empirical legal approach, this research employs data collection methods including interviews, document analysis, and field observations. The findings reveal that Bawaslu Sukoharjo has generally fulfilled its duties and exercised its authority in accordance with constitutional mandates and prevailing regulations. Nevertheless, the institution continues to encounter a range of structural, cultural, and technical challenges—most notably, limitations in human resources, budget constraints, and low levels of public participation. In conclusion, the effectiveness of electoral supervision is strongly influenced by the enhancement of institutional capacity and the development of synergistic collaborations with other key stakeholders within the local electoral democracy ecosystem.
Copyright (c) 2025 Etik Sri Lestari, Femmy Silaswati Faried, Aziz Zaelani https://creativecommons.org/licenses/by/4.0
When the Law Fails to Protect Children with Disabilities from Sexual Abuse
Sexual abuse of children with disabilities represents a particularly complex form of sexual violence and poses significant challenges to the criminal justice system in Indonesia. This study aims to analyze the differences in the application of criminal law to perpetrators of child molestation against children with disabilities and those without, to assess the extent to which national legal frameworks have incorporated the principle of substantive justice for victims with disabilities, and to identify the key factors contributing to weak legal protection—both in terms of legal substance, institutional structure, and socio-cultural context. The study employs a normative legal approach, utilizing doctrinal analysis of statutory regulations alongside selected case studies. The findings reveal that, despite the existence of relevant legal instruments—such as Law No. 35 of 2014 on Child Protection, Law No. 8 of 2016 on Persons with Disabilities, and Law No. 12 of 2022 on Sexual Violence—legal protections for children with disabilities remain largely formalistic and fail to adequately address the specific needs of these vulnerable victims. The study concludes by emphasizing the urgent need for a fair and substantive reformulation of laws and policies, as well as a comprehensive restructuring of the criminal justice system to make it more responsive and inclusive toward vulnerable populations.
Copyright (c) 2025 Nigel Jordan Giorgia Nandito Pidesta, Hafid Zakariya https://creativecommons.org/licenses/by/4.0
Copyright (c) 2025 Danitia Elfayet , Richard C. Adam https://creativecommons.org/licenses/by/4.0