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
Authors who publish with this journal agree to the following terms: Copyright on any article is retained by the author(s). The author grants the journal, the right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work’s authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. The article and any associated published material is distributed under the Creative Commons Attribution 4.0 International License
Assessing Local Government Responsibility in Protecting Traditional Fishermen through Fisheries Insurance
Traditional fishermen constitute a category of workers exposed to a high level of occupational safety risk, yet they have not received adequate and effective legal protection. One of the policy instruments developed by the state to safeguard fishermen is the fisheries insurance scheme. This study examines the responsibility of local governments in providing legal protection for traditional fishermen through the implementation of fisheries insurance, with a particular focus on Tuban Regency. The research employs an empirical legal method using a socio-legal approach. Data were collected through interviews with local government officials and traditional fishermen, complemented by an analysis of relevant laws and regulations and a review of the existing literature. The findings indicate that although fisheries insurance is supported by a sufficient legal framework, it has not yet functioned as substantive legal protection in practice. Its implementation remains largely administrative, while legal education and assistance with insurance claims are inadequately provided, resulting in legal protection that falls short of delivering legal certainty, tangible benefits, and a sense of security for fishermen.
Copyright (c) 2025 Gesa Bimantara, Hanin Alya’ Labibah, Neli Agus Tina https://creativecommons.org/licenses/by/4.0
Symbolic Participation in Village Budgeting: A Legal Analysis of Community Involvement in Tangkulowi Village
This study analyzes community participation in the preparation of the Village Revenue and Expenditure Budget (APBDes) from the perspective of village governance law. Law Number 6 of 2014 on Villages, as lastly amended by Law Number 3 of 2024, normatively positions community participation as a fundamental principle of democratic and accountable village financial management. Using a normative-empirical legal approach, this research was conducted in Tangkulowi Village, Kulawi District, Sigi Regency. The findings reveal that community participation in APBDes preparation tends to be symbolic. Although formal involvement occurs through deliberative forums, community influence on budget priorities and allocations remains limited. Aspirations from indigenous groups, youth, and women are not adequately reflected in planning and budgeting documents. This symbolic participation weakens the legal legitimacy of the APBDes and reduces accountability and community oversight of village financial management. The study concludes that community participation in APBDes preparation constitutes a legal issue directly related to the quality of village democracy and the legitimacy of village governance.
Copyright (c) 2025 Moh. Yusuf , Retnadumila Saliha, Moh. Ikbal https://creativecommons.org/licenses/by/4.0
Law Enforcement Strategies of the Sragen Police in Combating Cybercrime Against Children
The rapid development of digital technology has fundamentally transformed patterns of crime against children, thereby necessitating more effective and adaptive prevention strategies by law enforcement agencies. This study is motivated by the increasing vulnerability of children to cyberspace-related crimes and the growing urgency for police institutions to utilize digital platforms as preventive instruments. The objective of this research is to empirically examine the implementation of child crime prevention through digital platforms by the Sragen Police Resort and to analyze the legal, institutional, social, and technological challenges encountered in its execution. This study employs an empirical legal research design with a sociological legal approach, utilizing interviews, observations, and document analysis as primary data collection techniques. The findings indicate that the Sragen Police Resort has implemented preventive measures through social media engagement, cyber patrols, and digitally based public outreach. However, the effectiveness of these initiatives remains constrained by limited digital forensic capacity, inadequate cross-sectoral coordination, and a high incidence of underreporting. This study concludes that strengthening regulatory frameworks, institutional capacity, and inter-agency synergy is a critical prerequisite for enhancing the effectiveness of child crime prevention.
Copyright (c) 2025 Viki Andi Prasetyo, Hanuring Ayu Ardhani Putri , Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
Police Discretion in the Management of Public Demonstrations
Police discretionary authority constitutes a strategic legal instrument for maintaining public order, particularly in managing demonstrations with the potential to disrupt security. Nevertheless, the exercise of discretion may give rise to legal concerns if it is not carried out in accordance with the principles of legality, justice, and the protection of human rights. This study examines the implementation of discretionary authority by the Sragen Police within the framework of applicable laws and regulations and evaluates its conformity with the principles of justice, due process of law, and respect for human rights. Employing a normative–empirical legal methodology, this study adopts statutory, conceptual, and case-based approaches, supported by field data obtained through interviews and a review of relevant literature. The findings indicate that police discretion in Sragen has generally been exercised in a proportional and accountable manner, consistent with the prevailing legal framework and with an emphasis on preventive measures. The study concludes that police discretion functions effectively as an adaptive legal instrument insofar as it remains bounded by legal accountability and professional ethics.
Copyright (c) 2025 Supriyanto Supriyanto, Femmy Silaswati Faried, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
Alcoholic Beverages Distribution in Indonesia
This study analyzes the legal provisions and practices surrounding the distribution of Alcoholic Beverages (Ciu) in Bekonang Village through empirical juridical analysis. The results show that although regulations such as Law No. 18 of 2012 concerning Food and Article 204 of the Criminal Code have established a normative legal framework, there is a wide gap with the reality on the ground (law in action). Ciu remains widely circulated because it has become integrated as a tradition and a source of community income, thus gaining strong social legitimacy. Repressive law enforcement faces complex dilemmas and obstacles due to socio-cultural and economic factors. Efforts by authorities tend to be incidental and fail to address the root of the problem. Therefore, a solely criminal law approach is deemed ineffective and unsustainable. This study concludes that a more comprehensive and integrative policy is needed. The solution lies in reinterpreting regulations that take into account the characteristics of traditional beverages, supported by socio-legal strategies such as health education, business development, and strengthened operational oversight by local governments. Ultimately, a sustainable solution must be able to reconcile formal legal certainty with local wisdom and community economic well-being.
Copyright (c) 2025 Genta Yuris Wicaksono https://creativecommons.org/licenses/by/4.0
The Implementation of Restorative Justice in the Resolution of Minor Criminal Offenses at the Sragen Police Department
This study aims to examine the implementation of restorative justice in the resolution of minor criminal cases at the Sragen Police Department. The research employs an empirical method using a case study design and a sociological approach that conceptualizes law not merely as a set of written norms but as a social phenomenon operating within society. Data were collected through observations, interviews, and a review of relevant literature focusing on the stages of restorative justice implementation and the factors hindering its effectiveness. The findings indicate that the restorative justice process begins with the submission of a formal request, followed by investigators’ assessment of case eligibility, a mediation process to achieve mutual agreement, and the formalization of the outcome through a written agreement between the parties. However, its implementation faces several obstacles, including limited institutional resources, insufficient understanding among law enforcement officers, disagreements among the parties involved, logistical and scheduling constraints, time limitations, and public perceptions of justice that generate skepticism toward restorative mechanisms. Accordingly, effective solutions are required. The Sragen Police Department should strengthen institutional commitment and regulatory frameworks to ensure that restorative justice is implemented effectively and develops into an embedded organizational culture.
Copyright (c) 2025 Ghulam Muhammad Abdi, Hanuring Ayu Ardhani Putri, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections
This study examines the implementation of Law No. 22 of 2022 on Corrections, focusing on inmate development at the Class IIA Sragen Correctional Institution. An empirical juridical method was employed using statutory and empirical approaches to assess the alignment between correctional legal norms and their practical application. Data were collected through interviews, observation, documentation, and literature review. The findings indicate that inmate development has been oriented toward social reintegration through personality and self-reliance programs. However, its implementation has not been optimal due to limitations in facilities and infrastructure, shortages of qualified personnel, overcrowding, limited community support, and ineffective administrative procedures. These findings demonstrate that inmate development has not yet been fully supported by an integrated correctional system. Accordingly, strengthening correctional policies is necessary through improving human resource capacity, enhancing facilities, simplifying administrative mechanisms, and reinforcing cross-sectoral collaboration to support effective social reintegration of inmates in accordance with the objectives of the correctional system.
Copyright (c) 2025 Supardi Supardi, Hanuring Ayu Ardhani Putri, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta
Illegal settlements in the former Bong Mojo cemetery area of Jebres, Surakarta, constitute a significant challenge to urban spatial planning. The construction of unauthorized buildings on land held under Right of Use (Hak Pakai) status reflects high housing demand, weak regulatory oversight, and insufficient enforcement of land law. This study examines the role of the Surakarta City Office of Housing, Settlement Areas, and Land Affairs in addressing the misuse of Hak Pakai land and identifies the institutional and practical obstacles encountered. Employing an empirical legal research design with a qualitative approach, data were collected through field observations, in-depth interviews, and document analysis. The findings indicate that the agency plays a strategic role in supervision, data management, law enforcement, and cross-sectoral coordination. However, implementation is constrained by limited institutional capacity, community resistance, complex land tenure arrangements, and low levels of regulatory compliance. High housing demand coupled with limited purchasing power further incentivizes illegal land use. This study underscores the need to strengthen spatial control policies, enhance inter-agency coordination, and expand access to affordable housing in order to promote orderly land use and ensure legal certainty in Surakarta.
Copyright (c) 2025 Dina Wahyu Pamungkasari, Femmy Silaswati Faried, Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
Drawing the Line: Criminal Responsibility of In-House Legal Counsel
The criminal prosecution of in-house legal counsel in corporate cases has generated significant debate concerning the boundaries of criminal liability within the legal profession in Indonesia, particularly where legal opinions serve as the basis for corporate policy decisions. This study examines the legal limits of criminal liability for in-house legal counsel, evaluates the legal character of legal opinions in relation to the concept of deelneming, and critically analyzes the judicial reasoning in Decision Number 534/Pid.B/2024/PN Jakarta Selatan. Employing a normative legal research method with statutory, conceptual, and case-based approaches, this study finds that the criminal liability of in-house legal counsel is determined by causal contribution and substantive intent rather than by formal position alone. Legal opinions may give rise to criminal liability when they function as instruments of legitimacy for unlawful conduct. The study concludes that the decision adopts a functional approach to professional legal accountability and underscores the necessity of clear normative boundaries to prevent the excessive criminalization of in-house legal counsel.
Copyright (c) 2025 Febriyani Febriyani, Boedi Prasetyo https://creativecommons.org/licenses/by/4.0
Legal Implications and Sanction Enforcement for Violations of Employment Social Security Law
The right to Employment Social Security constitutes a concrete manifestation of human rights as guaranteed under Article 28H(3) of the 1945 Constitution. The state fulfills this mandate through the National Social Security System administered by the Social Security Agency (BPJS), with Article 15(1) of the BPJS Law requiring companies to register both themselves and their workers. However, numerous violations—ranging from the deprivation of workers’ rights in Solo related to BSU and JHT benefits to cases of maladministration and contribution embezzlement at PT WIN and CNN Indonesia—reveal a significant gap between normative provisions and actual implementation. This study examines the legal consequences faced by companies that fail to comply with Jamsostek membership obligations and evaluates the effectiveness of sanctions under Law No. 24 of 2011. Using a normative-juridical method, the study identifies three principal legal consequences: progressive administrative sanctions, the obligation to provide full benefits to affected workers, and criminal sanctions, including dual liability for corporations and their managers. Although the legal framework is comprehensive, its effectiveness remains low due to weak supervisory mechanisms and slow criminal enforcement.
Copyright (c) 2025 Sandra Dwi Putri Pahlawan, Rasji Rasji https://creativecommons.org/licenses/by/4.0
Annulment of Arbitral Awards as an Instance of Procedural Abuse
Arbitration is a dispute resolution mechanism that guarantees finality and legal certainty for business actors. However, in practice, the annulment mechanism regulated under Article 70 of Law Number 30 of 1999 is often misused by the losing party to delay or evade the enforcement of an arbitral award. This research employs a normative juridical method with a conceptual and statutory approach to analyze how such misuse constitutes an abuse of process. The findings indicate that bad-faith annulment practices undermine the principle of finality, reduce public trust in arbitration, and create legal uncertainty. Therefore, a restrictive interpretation of annulment provisions and a stronger application of the principle of good faith are necessary to prevent procedural abuse within Indonesia’s arbitration system.
Copyright (c) 2025 Budiman Rigel, Gatot P Soermartono https://creativecommons.org/licenses/by/4.0
Judicial Assessment of Breach in Financing Agreements under Indonesian Contract Law
This study examines legal protection in investment financing defaults through the South Jakarta District Court Decision No. 1216/Pdt.G/2024/PN Jkt.Sel. The dispute arose when the debtor, CV Niaga Traktor Utama, failed to fulfill installment obligations to PT Woori Finance Indonesia Tbk. Using a normative legal method with qualitative analysis, this research reviews primary and secondary legal sources. The findings show that creditor protection operates preventively through prudential assessment, collateral binding, and protective contractual clauses, and repressively through default claims and collateral execution. The debtor’s liability is grounded in fault-based responsibility, requiring compensation, surrender of collateral, and payment of litigation costs when obligations are unmet without justification. The decision reinforces pacta sunt servanda by upholding creditor rights while ensuring fairness and proportionality.
Copyright (c) 2025 Sandra Rusli, Gunawan Djajaputra https://creativecommons.org/licenses/by/4.0
Assessing the Legal Strength of the Exceptio Non Adimpleti Contractus (ENAC) in Residential Sale and Purchase Disputes in Indonesia
Disputes over home sales and purchases constitute one of the most common forms of contractual conflict, particularly when one party fails to fulfill its obligations under the agreement. In this context, the exceptio non adimpleti contractus (ENAC) serves as a crucial mechanism for maintaining a balance of rights and obligations. This study aims to analyze the legal foundations, concepts, and principles of ENAC as reflected in the Civil Code, scholarly doctrine, and jurisprudence, and to examine its application in home sale and purchase disputes through judicial interpretation and evidentiary patterns related to default. Employing normative legal research methods with statutory, doctrinal, and case-based approaches, the study finds that ENAC is consistently applied by judges through the principles of proportionality, good faith, and the evidentiary strength of documentary proof. These findings confirm that ENAC plays a significant role in ensuring legal protection and preventing contractual inequities. The study concludes that the application of ENAC reinforces legal certainty and promotes compliance with contractual obligations in property transactions in Indonesia.
Copyright (c) 2025 Niko Wijaya, Benny Djaja https://creativecommons.org/licenses/by/4.0
Has Increasing Penalties for Teachers Achieved the Goal of Protecting Children?
Cases of child molestation involving teachers have increased, raising serious concerns regarding the effectiveness of Indonesia’s child protection system. As individuals who occupy positions of authority that may be misused, teachers’ criminal liability requires a focused analysis within the framework of Indonesian criminal law. This study examines the forms of criminal liability applicable to teachers who commit child molestation by analyzing the elements of the offense, the principle of culpability, and the scope of their legal responsibility. It also evaluates the implementation of enhanced penalties under Law No. 35 of 2014 and Law No. 17 of 2016, which classify power imbalances as an aggravating factor. Employing a normative juridical method with statutory, conceptual, and case-based approaches, the study finds that teachers possess full legal capacity and that enhanced penalties are consistently imposed, as power relations are deemed to intensify victimization. In conclusion, the normative foundation for imposing criminal liability and enhanced penalties on teachers who commit child molestation is strong, although greater consistency in application remains necessary.
Copyright (c) 2025 Esmeralda Katmini, Rugun Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
Evaluating the Fairness of Police Discretion in the Resolution of Traffic Cases
The discretionary authority of the Indonesian National Police (Polri) serves as a critical instrument in handling traffic-related criminal cases. Nevertheless, its implementation frequently raises debates concerning legal boundaries, accountability, and the consistency of field practices. This study aims to analyze the legal foundations and normative regulations governing police discretion and to examine the forms and mechanisms of its implementation at the Sragen Police Resort. Employing an empirical juridical method supplemented with normative analysis and in-depth interviews with investigators, the study finds that police discretion rests on a strong legal framework, including Law No. 2 of 2002, the Criminal Procedure Code (KUHAP), and the Law on Road Traffic and Transportation (UULAJ). However, its practical application is significantly shaped by legal considerations, social context, and the judgment of individual investigators. A Restorative Justice approach emerges as the dominant model in resolving traffic cases. The study concludes that discretion functions effectively as a tool for achieving substantive justice, although more standardized technical guidelines are required to ensure greater uniformity and accountability in law enforcement practices.
Copyright (c) 2025 Dany Syahtama, Hanuring Ayu Ardhani Putri, Firstnandiar Glica Aini https://creativecommons.org/licenses/by/4.0
Legal Status of Duplicate Land Certificates and Mechanisms for Their Resolution Under the National Land Law System
This study examines the legal status of duplicate land certificates for the same parcel and the mechanisms available for resolving such issues within the Indonesian land law system. Employing a normative juridical method with statutory, conceptual, and case-study approaches, the study evaluates the validity of certificate issuance, procedural compliance, and the evidentiary basis used to determine the rightful owner. The findings show that duplicate certificates typically arise from inconsistencies between physical and legal records, procedural irregularities, or unlawful actions during the land registration process. Resolution may be pursued through administrative procedures at the National Land Agency (BPN) or through litigation in administrative, civil, or criminal courts. Administrative procedures enable the correction or annulment of certificates issued with procedural defects, whereas litigation provides legal certainty in disputes over substantive rights or allegations of forgery. The study underscores the need for greater integrity in the certificate issuance process, as well as enhanced coordination and law enforcement to prevent the occurrence of duplicate certificates.
Copyright (c) 2025 Michael Christhopher, Benny Djaja https://creativecommons.org/licenses/by/4.0
Examining Indonesian Government Accountability And Mitigation Measures In The 2024 Taxpayer Identification Number Data Breach
This study examines the Indonesian government’s accountability for the 2024 Taxpayer Identification Number (NPWP) data breach and evaluates the implementation of personal data protection obligations under the Personal Data Protection Law (PDP Law). Using a normative legal research method with statutory, conceptual, and case-based approaches, the study finds that the Directorate General of Taxes (DGT) has not fully met its duties as a Personal Data Controller. The large-scale breach, involving more than six million records, reveals weaknesses in access control, Data Protection Impact Assessments (DPIAs), privacy-by-design practices, and breach notification procedures. The PDP Law provides administrative, civil, and criminal liability mechanisms for negligent actors, all of which may be applied cumulatively. The findings indicate a significant gap between legal norms and administrative practice, undermining public trust and limiting the effectiveness of the PDP Law in safeguarding personal data.
Copyright (c) 2025 Hamzah Haikal Riziq Alwi Alatas, Gunawan Djajaputra https://creativecommons.org/licenses/by/4.0
An Analysis of Investor Legal Protection Against Losses Resulting from System Disruptions in Electronic Stock Transactions
The digitalization of the Indonesian capital market, while promising easy access and efficient electronic stock transactions, actually makes investors vulnerable to system disruptions such as broker application downtime or IDX server failures. This research uses a normative-juridical research method. Legal frameworks such as the Capital Market Law, the Financial Services Authority (OJK) Law, and the Electronic Information and Transactions (ITE) Law appear normatively comprehensive, but fail to provide substantive protection due to weak enforcement, minimal standards for proportional compensation, and reliance on technical evidence that is difficult for investors to obtain. Responsible providers often escape accountability through the pretext of force majeure, while the OJK, as a regulator, is less proactive in technology audits and strict sanctions, shifting the burden of risk to novice investors. Settlement through LAPS-SJK mediation or litigation is also ineffective, as the process is asymmetric and rarely results in real justice. Urgent reforms are needed, mandating transparency in digital infrastructure and automatic redress mechanisms to prevent losses from this technological innovation.
Copyright (c) 2025 Tristan Canari Joseph Sinatra, Gunawan Djajaputra https://creativecommons.org/licenses/by/4.0
Legal Responsibility of Influencers in Unauthorized Product Endorsements
The rise of digital marketing has increased the use of influencers to promote products, including health products, cosmetics, and supplements. The phenomenon of covert endorsement, promoting products without BPOM (Indonesian Food and Drug Authority) approval, poses legal and consumer safety risks. This study analyzes covert endorsement practices within the framework of toxic influencer marketing and examines influencers’ legal accountability under Law No. 17 of 2023 on Health and consumer protection principles. Using normative legal research with statutory, conceptual, and relevant empirical case analysis, the study finds that influencers hold a strategic position in influencing consumer behavior, making a duty of care inherent in their promotional activities. Influencers may be held administratively, civilly, or criminally liable if promoting unregistered products that harm consumers. The study emphasizes the need to strengthen regulations, establish product verification standards, and ensure transparency in promotions to protect the public from toxic influencer marketing risks.
Copyright (c) 2025 Vinshen Saputra, Moddy Rizqy Syailendra Putra https://creativecommons.org/licenses/by/4.0
The Legitimacy Controversy Surrounding Mass Organizations as Holders of Mining Business Licenses within the Framework of National Mining Law
This study analyzes the legitimacy of religious-based organizations (ormas) as holders of mining business permits under Law Number 2 of 2025, the Fourth Amendment to Law Number 4 of 2009 on Mineral and Coal Mining. Using a normative juridical approach, it evaluates the policy’s alignment with the constitutional principles of Article 33 of the 1945 Constitution and the framework of good mining governance. The findings indicate that prioritizing Special Mining Business Permit Areas (WIUPK) for business entities owned by religious organizations is formally recognized but substantively fragile. The policy creates risks of political clientelism, conflicts of interest, and environmental harm due to insufficient technical capacity and weak oversight. Normatively, it does not fulfill the constitutional mandate to promote public welfare but instead opens pathways for abuses of authority and the politicization of religion. Strengthening implementing regulations is essential to ensure transparency, accountability, and environmental sustainability in natural resource management.
Copyright (c) 2025 Vivian Clarosa, Rasji Rasji https://creativecommons.org/licenses/by/4.0
The Construction of the Consent Principle in the Protection of Medical Personnel’s Personal Data and Its Legal Consequences in Healthcare Practice
This study analyzes the implementation of the consent principle in the protection of personal data of healthcare workers in Indonesia, focusing on its implications and consequences in the context of digital healthcare services. As digital transformation accelerates in the healthcare sector, with the adoption of electronic medical records, telemedicine, and health applications, the personal data of healthcare workers, including doctors and nurses, is increasingly exposed and at risk of misuse. According to Law No. 27 of 2022 on Personal Data Protection (UU PDP), the consent principle is the primary basis for legitimate data processing. However, this research reveals a gap between existing regulations and their implementation, which could lead to legal, ethical, and professional consequences for healthcare workers. Findings indicate that, despite the normative regulation of consent in the UU PDP, its application in digital health policies remains weak and inconsistent. This study suggests the need for regulatory improvements and stronger enforcement of the consent principle to effectively protect the personal data of healthcare workers.
Copyright (c) 2025 Juan Ponce Enrile Febriansyah, Ida Kurnia https://creativecommons.org/licenses/by/4.0
Construction of Criminal Liability in Single Indictment of Obstruction of Justice under the Corruption Law
This study examines obstruction of justice in Indonesia’s positive law as well as criminal liability in the application of single charges based on the Corruption Law. With normative juridical methods through legislative and case approaches, the research analyzes primary, secondary, and tertiary legal materials. The results of the study show that Indonesian law does not yet have a comprehensive definition of obstruction of justice, thus opening up a wide space for interpretation. The application of a single indictment in corruption cases also creates legal uncertainty, especially in proving the element of “obstructing the legal process” when the act is closely related to the main offense. This study emphasizes the need for harmonization of norms and a clearer formulation of criminal offenses to increase the effectiveness of obstruction of justice as an instrument for eradicating corruption.
Copyright (c) 2025 Dwi Sukma Ramdhani, Ade Adhari https://creativecommons.org/licenses/by/4.0
A Legal Analysis of Consumer Protection Against the Risks Posed by the Online Distribution of Illegal Tabita Cosmetic Products
Advances in technology have accelerated the growth of the cosmetics industry; however, these developments are often exploited by businesses to distribute illegal products that fail to meet regulatory and safety standards. This study examines consumer protection mechanisms and the role of the Indonesian Food and Drug Monitoring Agency (BPOM) in responding to the circulation of illegal Tabita-brand cosmetics across digital media platforms. Using normative legal research with statutory and conceptual approaches, this study analyzes both primary and secondary legal materials. The findings indicate that consumer protection efforts are grounded in the Consumer Protection Law (UUPK), the Electronic Information and Transactions Law (UU ITE), BPOM regulations on cosmetics, and relevant e-commerce provisions. Preventive protection is carried out through the provision of accurate product information, while repressive protection consists of administrative, civil, and criminal sanctions. Nevertheless, law enforcement remains hindered by the anonymity of business actors in the digital environment. Although BPOM conducts both pre-market and post-market supervision, the ease of digital distribution continues to facilitate the circulation of illegal products, underscoring the urgent need to strengthen regulations and enhance cross-agency coordination.
Copyright (c) 2025 Maria Adelweys Niken Aprilia Sinaga, Ida Kurnia https://creativecommons.org/licenses/by/4.0
Potential Monopoly Issues in the Grab–GOTO Merger Plan: An Analysis Under Indonesian Competition Law
This study examines the potential monopolistic effects arising from the planned merger between Grab and Gojek, two dominant digital transportation platforms in Indonesia. As multi-sided markets characterized by strong network effects, ride-hailing platforms naturally tend toward high market concentration. The merger is projected to create a combined market share exceeding 90% and elevate the market's Herfindahl–Hirschman Index (HHI) far above conventional antitrust thresholds. Using a normative legal method supported by statutory analysis and the economic analysis of law, this research evaluates whether such a merger may violate Indonesia’s Law No. 5 of 1999 concerning anti-monopoly and unfair business competition, particularly regarding monopoly formation, dominant position, and anti-competitive mergers. The results indicate that the merger carries a high risk of creating a monopoly structure, increasing entry barriers, reducing consumer welfare, weakening drivers’ bargaining power, and enabling potential abuse of dominance. It is recommended that the Indonesian Competition Commission (KPPU) impose strong structural remedies or prohibit the merger entirely to preserve healthy competition in the digital platform industry.
Copyright (c) 2025 Cathleen Lie , Gunardi Lie https://creativecommons.org/licenses/by/4.0
A Juridical Analysis of the Validity of General Meeting of Shareholders’ Resolutions in Cases of Procedural and Organizational Deviations
The General Meeting of Shareholders (GMS), as the highest governing body of a Limited Liability Company, must be conducted in accordance with the formal and material procedures mandated by Law Number 40 of 2007 to ensure that its resolutions carry binding legal effect. This study employs a normative legal research method using a statutory approach to examine the validity of GMS resolutions in instances of procedural deviation, including improper notice, omission of the meeting agenda, or failure to satisfy attendance and decision-making quorum requirements. The findings show that such procedural violations generally render GMS resolutions invalid and may provide grounds for shareholders to file a claim before the district court under Article 61 of the Company Law, except in situations where all shareholders are present and unanimously approve the resolutions as permitted under Article 82(5). Beyond invalidating resolutions, procedural deviations may also give rise to civil liability for directors or commissioners, underscoring the importance of adherence to GMS procedures in safeguarding shareholder rights and supporting sound corporate governance
Copyright (c) 2025 Caesar Andre Kuistono, Richard C. Adam https://creativecommons.org/licenses/by/4.0
Policy Framework for Crime Prevention Based on the Modus Operandi of Human Trafficking in Cibadak District Court Decision No. 92/Pid.Sus/2024/PN.CBD
This study investigates the increasing prevalence of human trafficking in Indonesia facilitated through social media platforms as a mechanism for recruiting illegal migrant workers, as illustrated by the Cibadak District Court Decision No. 92/Pid.Sus/2024/PN.Cbd. In this case, the defendant, Clara Emilia Yulianti, and her network recruited prospective migrant workers without official authorization by offering high-paying jobs abroad, thereby exposing significant gaps in state oversight and digital protection for prospective migrants. The objective of this study is to analyze the modus operandi of the illegal recruitment scheme in this case and to evaluate existing prevention policies to address the legal loopholes exploited by the perpetrators. Employing normative legal methods alongside legislative, conceptual, and case study approaches, the study finds that the perpetrators used social media to lure victims, collect fees, and engage in unlawful sheltering and deployment activities in violation of Article 2(1) of Law No. 21/2007 in conjunction with Law No. 18/2017. Preventive efforts should prioritize strengthening oversight of online recruitment through enhanced cooperation between the government and digital platforms to enable detection, verification, and removal of illegal recruitment content.
Copyright (c) 2025 Sherlyn Sherlyn, Ade Adhari https://creativecommons.org/licenses/by/4.0
The Urgency of Applying the Principles of Accuracy and Public Interest in the Evaluation Process and the Imposition of Administrative Sanctions on Mining Business Permits
This article analyzes the urgency of applying the principles of due diligence and public interest in evaluating and imposing administrative sanctions on Mining Business Permits (IUP) in Indonesia. Using normative legal research methods, the study examines statutory regulations, principles of administrative law, and decisions of the Administrative Court (PTUN) to assess the consistency of government actions in mining oversight. The findings indicate that many IUP revocation decisions are overturned because of insufficient data verification, the absence of on-site inspections, and the failure to consider community and environmental impacts. This demonstrates that these two principles are essential prerequisites for ensuring the legality, accountability, and social legitimacy of administrative decision-making. The article recommends strengthening coordination between central and regional governments, enhancing supervisory capacity, and involving local communities as key strategies for improving mining governance and promoting more accountable administrative law enforcement.
Copyright (c) 2025 Evelyn Natasha, Tundjung Herning Sitabuana https://creativecommons.org/licenses/by/4.0
Validity of Account-Blocking Clauses in Standard Agreements Between Crypto-Asset Platforms and Consumers in Indonesia
The rapid growth of crypto-asset transactions in Indonesia has led to an increased reliance on electronic agreements containing standard clauses unilaterally drafted by digital platforms. However, the unilateral authority to block user accounts raises concerns regarding legal validity and potential violations of consumer rights. This study examines the legal framework governing standard clauses in electronic agreements on crypto-asset platforms and assesses the validity of account-blocking clauses under the Consumer Protection Law (UUPK) and the Indonesian Civil Code (KUH Perdata). Using a normative juridical method, the research analyzes statutory regulations, court decisions, and relevant literature. The findings indicate that although the standard clause satisfies the elements of a valid agreement under Article 1320 of the Civil Code, a unilateral account-blocking clause violates Article 18 of the UUPK because it grants disproportionate authority to business actors and may undermine consumer rights without a legitimate legal basis. The study concludes that account blocking is legally valid only when conducted pursuant to an order issued by a competent authority and in accordance with consumer protection principles.
Copyright (c) 2025 Christopher Andrew Winata, Ida Kurnia https://creativecommons.org/licenses/by/4.0
Judicial Inconsistency and Its Implications for Trademark Protection in Indonesia
The issue of legal certainty and trademark protection for relevant parties arises from the inconsistency between the decisions of the Judex Facti and Judex Juris in trademark cancellation cases. This study aims to identify the nature of this inconsistency and its implications for trademark legal protection in Indonesia. Drawing on statutory regulations, Medan Commercial Court Decision No. 6/Pdt.Sus-HKI/Merek/2022, and Supreme Court Decision No. 989 K/Pdt.Sus-HKI/2024, this normative legal research employs both case-based and conceptual approaches. The findings indicate that the Commercial Court adopts a narrow interpretation of “interested parties” and does not recognize first use as a legal basis, resulting in the dismissal of the trademark cancellation claim. In contrast, the Supreme Court applies a broader and more progressive interpretation by acknowledging historical use and identifying indications of bad faith in the trademark registration process. These divergent interpretations generate legal uncertainty, underscoring the need for harmonization between courts to ensure equitable trademark protection.
Copyright (c) 2025 Jeremy Exaudi Purba, Wilma Silalahi https://creativecommons.org/licenses/by/4.0
A Critical Examination of the Absence of Intent in Establishing Criminal Liability in the Central Jakarta District Court Decision No. 12/Pid.Sus-TPK/2024/PN.Jkt.Pst
This study conducts a critical analysis of Court Decision No. 12/Pid.Sus-TPK/2024/PN.Jkt.Pst, which is deemed to create confusion regarding the role of mens rea (malicious intent) in criminal liability for corruption. Using a normative juridical method and a case study approach, this research examines the case of Karen Agustiawan, the former CEO of Pertamina, who was convicted in an LNG procurement case. The main findings indicate that the Defendant was proven to have no malicious intent to cause state financial loss and did not gain personal profit. Furthermore, the state losses that occurred were attributed more to external factors, such as force majeure and global market changes. The verdict is criticized for disregarding fundamental principles of criminal law, namely actus non facit reum nisi mens sit rea (an act does not make one guilty unless the intent is guilty) and geen straf zonder schuld (no punishment without fault). In conclusion, this research emphasizes that mens rea is a fundamental requirement, and therefore, the absence of malicious intent on the Defendant’s part should have been a central consideration in the judgment.
Copyright (c) 2025 Benedictus Ardy Darmawan https://creativecommons.org/licenses/by/4.0