Indonesian Journal of Law and Policy Studies
Indonesian Journal of Law and Policy Studies (P-ISSN 2745-7753) (E-ISSN 2722-6670) is an academic journal for Legal Studies published by Journal and Publication Unit Postgraduate of Law Study Universitas Muhammadiyah Tangerang. Indonesian Journal of Law and Policy Studies contains several researches and reviews on selected disciplines within several branches of Legal Studies (Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law and Social Policy) This journal published two times a year in Mei and November. Indonesian Journal of Law and Policy Studies offers instantaneous open access to its content in order to make research easily available to the public so it will support a wide exchange of knowledge. All submitted manuscripts will be initially reviewed by editors and are then evaluated by an Eligible Reviewers through the Double-blind Review process. This is to ensure the quality of the published manuscripts in the journal.
The Authors submitting a manuscript do so on the understanding that if accepted for publication, the copyright of the article shall be assigned to Indonesian Journal of Law and Policy Studies, Post Graduate in Law Universitas Muhammadiyah Tangerang, Indonesia as the publisher of the journal. Indonesian Journal of Law and Policy Studies (IJLPS) right of first publication with the work simultaneously licensed under Â Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0) that allows others to share (copy and redistribute the material in any medium or format) and adapt (remix, transform, and build upon the material) the work for any purpose, even commercially with an acknowledgment of the work's authorship and initial publication in Indonesian Journal of Law and Policy Studies (IJLPS). 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 Indonesian Journal of Law and Policy Studies (IJLPS). 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 (See The Effect of Open Access).
Post-Anthropocentric Land Law: Reconstruction of Agrarian Legal Philosophy Based on Ecological Justice in Indonesia
Agrarian law in Indonesia has long been influenced by an anthropocentric paradigm that places humans as the central focus in land governance. This perspective often prioritizes economic exploitation of land while neglecting its ecological functions, which contributes to environmental degradation, ecological imbalance, and conflicts over land use.This study aims to reconstruct the philosophical foundation of agrarian law in Indonesia by introducing a post-anthropocentric perspective based on the principle of ecological justice, in order to create a more balanced and sustainable land governance system.The research uses a normative juridical method with a philosophical and conceptual approach. It examines legal doctrines, legislation, and theoretical perspectives related to agrarian law, ecological justice, and environmental philosophy to analyze the need for reconstructing the existing legal paradigm.The study finds that the current agrarian legal framework still largely reflects anthropocentric values, which limit the protection of ecological interests. Integrating ecological justice principles into agrarian law can strengthen the recognition of land’s ecological, social, and sustainability functions while promoting more responsible and balanced land management.The novelty of this research lies in proposing a reconstruction of Indonesia’s agrarian legal philosophy through a post-anthropocentric approach that places ecological justice as a fundamental principle in land governance and legal development
Hak Cipta (c) 2026 Indonesian Journal of Law and Policy Studies
The Legality of Digital Evidence in Land Disputes: A Perspective on Civil Procedure Law Reform in the Telematics Era
The digital transformation of land administration through the implementation of electronic land certificates has significant implications for the evidentiary system in courts. The primary issue arises when conventional civil procedural law is confronted with digital evidence that possesses technical characteristics distinct from physical documents, thereby creating legal uncertainty in the resolution of land disputes. This study aims to analyze the legality and evidentiary strength of electronic land certificates in civil litigation and to formulate an ideal reconstruction of civil procedural law in the digital era. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that although electronic land certificates possess legal validity under the Law on Electronic Information and Transactions (ITE Law), their evidentiary strength in court remains fluctuating due to the absence of standardized operational guidelines for judges in verifying the integrity of digital data. The study concludes that civil procedural law reform is necessary to explicitly regulate mechanisms for examining digital evidence, including the obligation to conduct forensic audits and the formal recognition of audit trails. Such reconstruction is essential to ensure substantive legal certainty and to protect landowners from the risk of electronic data manipulation. Through regulatory harmonization between civil law and telematics law, the judicial system can achieve adaptive legal protection in response to the advancement of information technology.
Constitutional Court Decision on the Age Requirement for Presidential and Vice-Presidential Candidates: Legal Implications and Public Response
The Constitutional Court Decision Number 90/PUU-XXI/2023, which changed the age limit for presidential and vice-presidential candidates to a minimum of 40 years or having experience in a public office through elections, has sparked controversy in society. This study aims to analyze the role, duties, and position of the Constitutional Court in Indonesia's state administration system, examine judicial independence in this decision, and explore the perspectives of society, politicians, and academics on the legal and social implications of this change. This research employs a qualitative approach with normative juridical analysis based on legal rulings and related literature. The findings indicate that the independence of Constitutional Court judges is in question due to allegations of conflicts of interest that may undermine public trust. Furthermore, this decision affects national political dynamics and public participation in elections. This study provides a critical perspective on the role of the Constitutional Court in upholding democratic principles and the rule of law in Indonesia
Analysis of Constitutional Court Decision No.56/PUU-XVII/2019 on Electoral System and Legislative Candidacy Requirements
The Constitutional Court Decision Number 56/PUU-XVII/2019 represents an important turning point in strengthening Indonesia’s electoral democratic system, particularly regarding the eligibility of former convicts to run for regional head elections. Concerns over the limited nature of Article 7 paragraph (2) letter g of Law Number 10 of 2016 are highlighted, as this provision allows former convicts, including those convicted of corruption, to nominate themselves for regional head positions merely after public disclosure, without any mandatory waiting period. This article examines the constitutional foundations used by the Constitutional Court in formulating a conditionally constitutional norm, including the imposition of a mandatory waiting period and substantive disclosure of legal status. The Court emphasizes that disclosure alone is insufficient to guarantee the integrity of public office candidates, and that a waiting period constitutes an essential requirement. Furthermore, this article analyzes the systemic implications of the decision, including the strengthening of ethical standards for candidates, improvement of the quality of public information during elections, enhancement of legal certainty for election organizers and participants, and the Court’s role as a guardian of public morality. The findings indicate that stricter regulation of former convicts contributes significantly to safeguarding democratic integrity and preventing the normalization of political corruption.
Presidential Candidacy and Democratic Direction after Constitutional Court Decision 62/PUU-XXII/2024
This study seeks to examine the evolving landscape of presidential nominations and the trajectory of democracy following Decision No. 62/PUU-XXII/2024 of Indonesian constitutuional court, which abolished the presidential nomination threshold in Indonesia’s presidential elections. The research addresses how the removal of this threshold reshapes the nomination system, influences coalition-building patterns, and affects overall democratic quality. Employing a qualitative descriptive approach, the study relies on the analysis of judicial decisions, academic literature, and previous electoral data. The findings indicate that eliminating the nomination threshold opens greater space for alternative candidates who better reflect Indonesia’s political diversity. This reform reduces the dependence of smaller political parties on dominant parties and discourages the formation of superficial, purely pragmatic coalitions. Moreover, it weakens the structural dominance of major parties in controlling presidential nominations and creates opportunities for the emergence of a more robust opposition axis. Such developments are likely to foster a political environment that is healthier, more competitive, and more balanced. Consequently, the direction of democracy after this constitutional court ruling is expected to become more inclusive and to strengthen Indonesia’s multiparty political system.
The Relevance of Pancasila as the Philosophical Foundation in Law Making in Indonesia
This research explores the relevance of Pancasila as a philosophical foundation in the formation of law in Indonesia. Despite its official recognition as the ideological basis of the state, the practical implementation of Pancasila's values in the legislative process often faces significant challenges. Through a normative empirical approach, this study identifies the gap between the ideal of Pancasila and its application in Indonesian law, particularly in the context of globalization and external pressures. The findings reveal that while Pancasila remains crucial, there is a need for comprehensive reform in the legislative process to ensure that laws genuinely reflect the principles of Pancasila. This research emphasizes the importance of strengthening Pancasila education among policymakers and integrating its values into all stages of law-making to preserve national identity and social justice
Expanding Legal Standing in Political Party Dissolution Disputes in Indonesia
The dissolution of political parties is a constitutional mechanism intended to uphold democracy, constitutionalism, and the principle of the rule of law. The Constitution grants the Constitutional Court the authority to decide on cases of dissolution of political parties, but the provisions of the Law on the Constitutional Court limit the right to submit petitions to the government only. This provision creates problems in practice, especially when allegations of serious violations committed by political parties that have a broad impact on the democratic system are not followed by a petition for dissolution. This study aims to examine the urgency of expanding the subject of petitioners in cases of dissolution of political parties, formulate more comprehensive criteria regarding the grounds for dissolution, and analyze the implications of this limitation on the principles of democracy in Indonesia. This study uses normative legal methods with statutory, philosophical, and sociological approaches. The results show that limiting petitioners to the government has the potential to create conflicts of interest and weaken the oversight function of political parties. Therefore, it is necessary to expand legal standing to other parties, such as election supervisory institutions and the public, and expand the grounds for dissolution to include serious violations of democracy and election law, in order to strengthen political party accountability and consolidate constitutional democracy in Indonesia
Legal Construction of Fake Diploma Allegations: An Analysis of Electronic Data Integrity under the Personal Data Protection and Electronic Information Laws
The discourse surrounding the validity of public officials’ diplomas in cyberspace is frequently entangled in the criminalization of defamation offenses. There exists a profound ambiguity in law enforcement practices that fail to distinguish between criticizing the validity of an electronic document and intending to attack an individual’s personal honor. This blurred boundary generates concern among citizens who seek to exercise social control over the integrity of educational data, yet are instead confronted with the excessive penal threats of the Electronic Information and Transactions (ITE) Law. This study aims to deconstruct the juridical status of diplomas as electronic data within the framework of the ITE Law and the Personal Data Protection (PDP) Law, and to examine the implications of Constitutional Court Decision No. 104/2024 for the legal protection of individuals who verify public data within the digital ecosystem. Method: This research employs a normative juridical method using statutory and case approaches to analyze the ratio decidendi of the Constitutional Court. Results: The findings demonstrate that, from a telematics law perspective, a diploma constitutes a set of electronic information characterized as an object of information or a digital asset. Based on the latest Constitutional Court ruling, a clear distinction is established whereby the object of defamation is limited to human beings as legal subjects possessing dignity and honor, rather than objects or documents. Conclusion: Juridically, questioning the integrity of diploma data cannot automatically be classified as defamation. As long as the statement focuses on the authentication and verification of the document, such conduct forms part of freedom of expression and the exercise of social control protected by law
Pancasila Democracy Between Normative Concepts and Political Practice
Pancasila Democracy constitutes Indonesia’s distinctive political system, rooted in the noble values of Pancasila and the 1945 Constitution. Normatively, Pancasila Democracy positions the people as the ultimate holders of sovereignty, implemented through moral principles, social justice, and deliberation to achieve consensus. However, in political practice, the implementation of Pancasila Democracy has frequently deviated from its foundational values. This article aims to analyze the gap between the normative concept of Pancasila Democracy and the realities of political practice in Indonesia across different periods, while also offering reflections and strategic measures to restore its original meaning. The study employs a library research method with a normative and descriptive-analytical approach. The findings indicate that Pancasila Democracy continues to face serious challenges, including the prevalence of transactional politics, weak political ethics, and low levels of morally grounded political participation. Therefore, revitalizing Pancasila values within national political life is an urgent necessity to achieve a democratic system that is just, ethical, and civilized.
Legal Hermeneutics as a Method 0f Rechtsvinding In Judicial Practice
Legal certainty and justice constitute fundamental objectives of law enforcement. However, statutory provisions are often incomplete and unable to fully anticipate concrete legal events. In such circumstances, judges are required to engage in legal discovery (rechtsvinding). This study examines legal hermeneutics as a philosophical and methodological foundation for legal interpretation in judicial practice. Using normative legal research with a conceptual approach, this article argues that legal hermeneutics enables judges to bridge the gap between legal texts and social realities through a dialogical process between text, context, and contextualization. The hermeneutic circle, fusion of horizons, and pre-understanding play central roles in shaping judicial reasoning. The case of Marbury v. Madison (1803) demonstrates how hermeneutic reasoning contributes to creative legal development. Legal hermeneutics thus provides an alternative paradigm beyond strict legal positivism, enabling a balanced realization of legal certainty, utility, and justice.
Jurisdiction in Digital Copyright Lawsuit
The copyright is one of form in intellectual property rights. It comprises of work being protected in multiple forms. With the advancement of modern world, the copyright have move it protection, from mere reproduction right for work in book, as an authorship, to the modern form in the digital world. The move into the digital form of work in copyright have open the possibilities of more effective distribution or right, including its distribution. The easiness of the distribution in digital format, made it hasle free, and work of copyright may be enjoyable in multiple location at once. This then lead to the dispute resolution that is currently available for the copyright cases in civil lawsuit. The available avenue for copyright dispute is heavily rest on the commercial court that have been designated court that have the absolute jurisdiction in civil litigation of the copyright. Nature of the digital copyright have made it solution to the dispute resolution to bel clear and concise. Through this research, by employing doctrinal method, solution for the avenue jurisdiction over dispute in copyright will be clear.
Licensing Disputes in The State Administrative Court System
Licensing is an administrative instrument used by the government to regulate public activities that may generate social, economic, and environmental impacts. In practice, however, the issuance of permits frequently results in disputes due to procedural defects, abuse of authority, and violations of general principles of good governance. This study aims to analyze the characteristics of licensing disputes, the legal framework governing judicial review, and the effectiveness of the Administrative Court in providing legal protection to citizens. The research applies a normative juridical method using statutory and conceptual approaches through the examination of administrative law doctrine and court decisions. The findings indicate that most licensing disputes originate from weak administrative verification, improper use of discretion, and non-compliance with the principles of legality and legal certainty. The Administrative Court functions as a supervisory mechanism by reviewing the legality of administrative decisions and restoring the rights of affected parties. Nevertheless, its effectiveness remains limited due to technical evidentiary difficulties and weak enforcement of judicial decisions by administrative authorities. Therefore, strengthening administrative oversight mechanisms and ensuring execution of court judgments are necessary to establish accountable governance
Challenging Military Court Jurisdiction Over Corruption Cases After Criminal Law Enforcement
The main issue in this research is the dualism of absolute jurisdiction in handling corruption cases involving Indonesian National Armed Forces personnel. Although the anti-corruption legal framework forms a unified lex specialis system, such cases are often tried in Military Courts, which lack key instruments like investigations by the Corruption Eradication Commission and Ad Hoc Corruption Judges. This study aims to challenge the procedural legality of Military Courts in adjudicating corruption cases and highlights the need to unify corruption adjudication. Using normative legal research with statutory and conceptual approaches, it identifies conflicts between Military Court Law and national anti-corruption laws. The findings show that the absence of specific anti-corruption mechanisms in the military leads to procedurally flawed decisions and violates equality before the law. Therefore, all corruption cases should be handled by the Corruption Court as a single forum. Referring to Article 65(2) of the Indonesian National Armed Forces Law, soldiers must be subject to general courts for general crimes, including corruption. Thus, jurisdictional unification is essential to ensure legal certainty, transparency, and effective anti-corruption enforcement in Indonesia.
Limits of Criminal Liability in Public Auctions by Indonesian Officials
The implementation of auctions by public officials is part of government action that has administrative and criminal legal implications. In practice, legal issues often arise that lead to criminal liability for auction officials, especially when procedural deviations or abuse of authority occur. This study aims to analyze the limits of criminal liability in the implementation of auctions by public officials based on the Indonesian constitutional system. The research method used is normative legal research with a statutory and conceptual approach. The results show that criminal liability for public officials in the implementation of auctions must be clearly demarcated between administrative errors and criminal acts, while still paying attention to the principle of legality, general principles of good governance, and the doctrine of abuse of authority. Therefore, it is necessary to strengthen regulations and harmonize state administrative law and criminal law to create legal certainty and protection for public officials in carrying out their duties
Legal Empirical Public Health Analysis of Smoke Free Regulation Revision in Kulon Progo
This article aims to analyze the discourse surrounding the revision of the Local Regulation on Smoke-Free Zones (KTR) in Kulon Progo Regency from a legal-empirical perspective, focusing on aspects of public health protection and the consistency of local policies. This study employs a legal-empirical method using a regulatory approach and a sociological approach. Data were collected through document analysis and policy analysis, supported by the evolving social dynamics within the community. The results indicate that the revision of the KTR Regional Regulation has the potential to weaken public health protection and reduce the consistency of the local government in implementing health-based policies. On the other hand, there are socio-economic pressures driving regulatory flexibility. Therefore, a policy approach oriented toward the long-term interests of the community is needed, while maintaining a balance between individual rights and collective rights to a healthy environment.
Center Region Relations and National Cohesion in Indonesia
This article examines the long-term challenge of national integration in Indonesia through the historical development of constitutional arrangements and their interaction with contemporary governance practices. It explains how federalism, unitarism, and center–region relations continue to influence political stability and national cohesion. The study applies normative legal research supported by historical and conceptual analysis. Primary materials include constitutional documents and state policies, while secondary materials cover scholarly works on decentralization, separatism, governance, and disaster management. The findings show that Indonesia’s integration problems are rooted in structural inequality, unresolved historical legacies, and governance practices that reinforce perceptions of regional marginalization. The article also finds that federalism operates less as a realistic constitutional alternative than as a symbolic political discourse that re-emerges during crises, including the 2025 hydrometeorological disaster in Sumatra. It concludes that constitutional design alone is insufficient to sustain national integration without inclusive governance, equitable development, institutional responsiveness, and stronger public trust
The Paradox of Cessie: Juridical Risks Behind the Euphoria of Non-Performing Asset Purchases
The phenomenon of bank receivables assignment (cessie) in Indonesia is currently experiencing a misleading paradigm shift, whereby this instrument is marketed as if it were a transaction for purchasing discounted property assets. The principal issue addressed in this study is a juridical paradox in the form of public misconception equating the position of the cessionary (assignee of receivables) with that of the direct owner of the secured object, whereas legally cessie merely constitutes the transfer of a claim right (vordering op naam). This research aims to deconstruct the proprietary nature of rights in cessie and to map the legal risks arising from the euphoria surrounding the acquisition of non-performing loans. The method employed is normative juridical research using statutory and conceptual approaches. The findings demonstrate that cessie does not automatically transfer ownership of the asset due to its accessory nature; physical control over the collateral still requires enforcement through mortgage execution procedures or eviction lawsuits, both of which are vulnerable to debtor resistance (derden verzet). The study concludes that the euphoria of purchasing cessie without proper legal risk mitigation will entrap buyers in protracted litigation and high costs. In essence, the buyer does not purchase a “house,â€ but rather a “right to claim,â€ fraught with legal uncertainty.
Analysis of Goods Transportation Disputes: Cibinong District Court Decision Study
International trade is inherently linked to international contracts, including freight forwarding agreements that regulate the rights and obligations of parties in cross-border shipping. In practice, such contracts often lead to disputes, either due to breach of obligations or procedural issues in law enforcement. One example is the Cibinong District Court Decision Number 239/Pdt.G/2020/PN Cbi involving Hakua Trading Co., Ltd. and PT Trinitan Metals and Minerals Tbk. This study examines the dispute by focusing on the legal standing of the parties, the object of the agreement, the role of the Bill of Lading, the application of Incoterms, and the judges’ legal considerations. Using a normative legal research method with statutory and case approaches, the study finds that the court did not examine the substance of the dispute due to procedural and jurisdictional issues. Consequently, the claim was declared inadmissible. The decision highlights the importance of clear contractual clauses and the proper determination of jurisdiction in resolving disputes arising from international freight forwarding contracts.
Dual Legitimacy and Constitutional Court’s Role in Presidential Impeachment Review
The role of the Indonesian Constitutional Court within Indonesia’s constitutional system is particularly significant in the impeachment mechanism of the president and/or vice president. Following the amendments to the 1945 Constitution, the Court is vested with authority under Article 24C, paragraph (2), to examine and decide upon opinions of the House of Representatives regarding alleged serious legal violations committed by the President. Nevertheless, tension arises between the political legitimacy of the DPR as a representative institution and the legal legitimacy of the Constitutional Court as a judicial body. This tension produces what may be described as dual legitimacy, namely the contestation between political authority and legal authority within the impeachment process. This study critically analyzes the position of the Constitutional Court in such proceedings and juridically examines the limits of its authority as determined by the Constitution. The findings indicate that although the Court plays a decisive role in assessing the legality of accusations, the final decision on removal remains with the People’s Consultative Assembly. This confirms that impeachment in Indonesia is a hybrid process combining legal and political elements, thus requiring clearer regulation and stronger institutional design to prevent overlapping authority among state institutions.
A Legal Analysis of Debt Relations from the Perspective of the Qur’an and Indonesian Positive Law
This study examines debt settlement practices in society from the perspectives of the Qur’an and Indonesian positive law. It employs a literature review and statutory approach, with qualitative analysis presented descriptively. The findings reveal that debt is comprehensively regulated in QS. Al-Baqarah (2:282), known as the mudayanah verse, which situates debt within commercial transactions, prohibits usury, and encourages almsgiving as part of broader muamalah (civil relations). Debt should not be narrowly understood as mere borrowing, but as encompassing all legal engagements arising from agreements, transactions, and reciprocal relations. Normatively, debt constitutes an obligation that must be fulfilled by the debtor, even taking priority over inheritance distribution upon death. However, in practice, debt relations risk leading to usury. Therefore, the Qur’an provides ethical guidance, including granting repayment extensions or partial/complete debt relief for debtors facing hardship. Overall, debt regulation reflects a balance between compassion and responsibility in managing wealth, serving both social harmony and spiritual objectives. These principles remain relevant and can be implemented by Indonesian Muslims in alignment with the existing legal framework
The Constitutional Implications of Constitutional Court Decision No. 90/PUU-XXI/2023 on National Democratic Stability
The decision of the Constitutional Court No. 90/PUU-XXI/2023 on the age requirement for presidential and vice-presidential candidates has generated significant controversy in constitutional law, particularly regarding democratic stability. The ruling modified the statutory minimum age of 40 by allowing individuals who have held or currently hold elected public office to run, even if they are below that threshold. The judicial review was filed by Almas Tsaqibbirru Re A to support Gibran Rakabuming Raka in the 2024 election. This study adopts a normative juridical approach with a descriptive-qualitative method based on literature review. The findings reveal substantial weaknesses in the petitioner’s legal standing, as no direct constitutional harm was demonstrated. Nevertheless, the Court partially granted the petition and went beyond its original claims, effectively creating a new norm. In doing so, the Court shifted from its role as a negative legislator to a positive legislator, raising concerns over the separation of powers. The ruling carries broad constitutional and political implications, simultaneously enabling leadership regeneration while inviting suspicions of political interests. Internal divisions among the justices further reflect a lack of strong consensus. Criticism intensified after the Constitutional Court Honorary Council confirmed ethical violations in the decision-making process.
Artificial Intelligence as Digital Prose in Redefining Originality in Legal Discourse
This research originates from the phenomenon of moralistic stigma and academic conservatism that tend to perceive the integration of Artificial Intelligence (AI) as a degradation of originality in legal scholarship. Historically and empirically, however, the evolution of intellectual instruments from the pen to the computer has consistently transformed modes of expression without ever extinguishing the essence of human thought itself. This study aims to deconstruct the myth of “handwritten originalityâ€ while legitimizing AI as a lawful co-creative instrument within the domain of telematics legal writing. Employing a conceptual approach and historical-technological comparison, the research finds that in the era of digital disruption, the essence of originality no longer resides in the mechanical construction of diction, but rather in the authority of logical curation, data validation, and argumentative direction elements that remain fundamentally controlled by the human legal subject as the holder of intellectual agency. The analysis concludes that AI should be understood as “Digital Prose,â€ evolutionarily comparable to the transformative impact of the typewriter and office software revolutions of previous decades. Systemic resistance to this technology is thus interpreted as a manifestation of technophobia that is increasingly incompatible with contemporary standards of performance, efficiency, and accuracy in modern legal discourse. The study recommends a redefinition of academic ethics that is more inclusive of human–machine collaboration in advancing global legal literacy
Constitutional Court Decisions in Progressive Law from Case Study on Outsourcing Worker Protection
This study explores how the Constitutional Court interprets the protection of outsourcing workers through a progressive legal perspective. It focuses on key aspects such as labor protection, progressive law, and judicial interpretation. The main aim is to understand the Court’s approach in safeguarding outsourcing workers and to uncover both normative and structural obstacles that affect its implementation. Using a qualitative normative method, this research relies on library-based analysis, examining Constitutional Court rulings, relevant legislation, and academic sources. The findings show that the Court tends to apply a progressive legal approach that prioritizes substantive justice and the protection of workers’ rights. However, challenges remain, including inconsistencies in regulations, limited oversight, and a lack of legal awareness among stakeholders. These issues highlight the need for stronger and more consistent progressive legal strategies moving forward.
Policy Asymmetry and Persistence: Street Vendor Governance in Tangerang Regency
This inquiry examines the application of Regional Regulation No. 08 of 2015 on Structuring and Empowerment of Pedagang Kaki Lima (PKL) or Street Vendors in Tangerang Regency, with the critical case of Pasar Ceplak, Sukamulya District. Drawing on a qualitative descriptive approach, specifically a case study, this research highlights structural and operational constraints obstructing the implementation of the policy’s dual objectives by using the theory of policy implementation, as articulated by Van Metter and Van Horn. These findings demonstrate that their implementation has been consistently suboptimal, namely PKL persistence in unauthorized locations, and pervasive failures in planned relocation efforts. Such shortfalls are largely due to a dire lack of strategic resources, and the insufficient provision of alternative trading zones in the relevant departments which can reduce the economic risk to PKL. Moreover, through analyzing data, ineffective communication results in information asymmetry and the adoption of a punitive enforcement approach which is both systemic and entrenched rather than an empowerment strategy. Consequently, this study reveals that the policy is riddled with severe operational asymmetry, whereby vendors’ socio economic rationalities routinely contradict the regulatory mandate, calling for an immediate shift to participatory and spatially integrated systems of governance to enable sustainable urban order as well as micro-enterprises to grow.
Rethinking Concurrent Creditor Protection in Suspension of Debt Payment Obligations
The current practice of Suspension of Debt Payment Obligations (PKPU) in Indonesia reveals a distributive justice anomaly that disadvantages petitioning creditors. A “free-riderâ€ phenomenon has emerged, whereby passive creditors obtain equal or even more favorable treatment without bearing litigation costs or the substantial legal risks associated with initiating proceedings. This inequity is exacerbated by settlement schemes that tend to marginalize initiating creditors through excessive postponement of payment schedules. This study aims to deconstruct the application of the Pari Passu Pro Rata Parte principle when applied without regard to litigation cost contributions, and to formulate a more equitable framework of legal protection for petitioning creditors as initiators of the restructuring process. The research employs a normative juridical method, utilizing conceptual and statutory approaches to evaluate the consistency between bankruptcy procedures and the values of distributive justice. The findings indicate that the absence of a litigation cost recovery mechanism generates structural injustice within the PKPU framework. From a legal standpoint, the petitioner’s financial burden and procedural initiative should be recognized as prioritized costs within the settlement plan. In conclusion, the PKPU regime requires policy redefinition to ensure financial protection for petitioning creditors, prevent exploitation by passive creditors, and preserve the integrity of commercial law enforcement.
Administrative Efforts as a Prerequisite for a Lawsuit at the State Administrative Court
Administrative remedies are a dispute resolution mechanism within the realm of administrative law that must be taken before filing a lawsuit with the State Administrative Court . This obligation is affirmed in Law Number 30 of 2014 concerning State Administration and reinforced by Supreme Court Regulation Number 6 of 2018. Conceptually, administrative remedies are intended as an efficient, fast, and proportional internal corrective tool, while also reducing the caseload in court. However, in practice, the effectiveness of this mechanism still raises various problems, both in terms of public understanding and the readiness of government institutions. This research is a normative legal research with a statutory, conceptual, and case approach, using the Jakarta State Administrative Court Decision Number 157/G/2019/PTUN.JKT as the main analytical material. The results of the discussion indicate that although administrative remedies have a strong normative basis, their effectiveness is highly dependent on consistent and responsive implementation by state administrative bodies or officials.
Legal Force of Auction Minutes Through a Case Study at KPKNL Tebing Tinggi
This study aims to analyze the legal force of the Auction Minutes issued by the Office of State Assets and Auction Services, using a case study on Auction Deed No. 245/05/2022 KPKNL Pematang Siantar. It employs a normative legal research method with both case and statutory approaches, combining the analysis of the auction document as primary data with the legal norms of auction law under the Vendu Reglement, Civil Code, and Minister of Finance Regulations as secondary data. The findings show that BAL serves as an authentic deed possessing full evidentiary strength, thereby providing legal protection and certainty for auction winners in acquiring ownership rights over auctioned objects. The study also found several factors that can hinder enforcement of collateral auctions, such as legal objections, procedural defects, administrative land issues, physical control by the executed party, and inconsistencies in legal documentation. Overall, the research concludes that the effectiveness of BAL as an instrument of legal certainty depends heavily on procedural compliance and post-auction administrative and dispute resolution processes. Consequently, BAL plays a crucial role in legitimizing the transfer of rights through the state auction mechanism.
Progressive Law Analysis of Injustice in Asset Value Requirements for Construction Services
The Minister of Public Works and Housing Regulation No. 8 of 2022 establishes an asset value requirement of IDR 5 billion for M2 qualification in the installation sector, consequently marginalizing 88% of small-scale construction service enterprises. This research employs qualitative methodologies incorporating juridical-normative and juridical-empirical approaches to analyze the regulatory injustice through the lens of Satjipto Rahardjo's Progressive Law Theory. Data were collected through in-depth interviews with 25 respondents representing diverse stakeholder categories. The findings demonstrate that asset value requirements lack adequate philosophical, juridical, and sociological foundations for the installation sector, which functions as a knowledge intensive industry. The regulatory implementation engenders distributive, procedural, and interactional injustice, contradicting the fundamental principle of "law for humanity." The regulation has resulted in the displacement of 131,000 employment positions and a 64.3% reduction in government project accessibility, without establishing any empirically validated correlation between asset value and technical competency. This study recommends an implementation moratorium and the development of competency-based qualification models more consonant with the installation industry's distinctive characteristics.
The Role of the Constitutional Court in Safeguarding Democratic Dignity
This article examines the role of the Constitutional Court in maintaining the dignity of democracy. The method used in this research is the Normative Legal research method. The approaches used are the Legislative approach and the Conceptual approach. Constitutional democracy is a political system that affirms that power ultimately originates from the people, yet must be exercised within the limits set by the constitution. Democracy is not simply about five-yearly elections or the majority of votes. It is a system of values that must be maintained through a balance between popular sovereignty and constitutional supremacy. This is where the Constitutional Court (MK) comes into play.the guardian of the constitution at a time the guardian of democracy. Constitutional democracy places the basic law (the constitution) as the guiding principle for democratic practice, ensuring the guarantee of people's rights and preventing abuse of power. Indonesia's constitutional system, following the amendments to the 1945 Constitution, has moved toward constitutional democracy, with direct elections, human rights guarantees, and the strengthening of constitutional guardian institutions. However, democratic practice still faces challenges in the form of political oligarchy, money politics, and limitations in the constitutional courts.
The Relevance of Criminology and Penology in the Criminal Justice System
The case of Nenek Minah was a criminal matter that shocked the Indonesian public in 2009. Nenek Minah was sentenced by the Purwokerto District Court to a conditional prison term of 1 month and 15 days, with a 3-month probation period, based on Article 362 of the Criminal Code (KUHP). This research was conducted using a normative juridical method, questioning two primary issues regarding the relevance of criminology and penology within the criminal justice system. First, what is the relevance between criminology and penology in the criminal justice system? Second, what is the pattern of relevance between criminology and penology based on empirical cases within the criminal justice system. The results of the study show that criminology serves as a provider of scientific databases regarding the root causes of crime and perpetrator profiles, while penology formulates handling strategies that are applicative, educative, and rehabilitative. The synergy between these two disciplines is crucial for achieving the goals of public protection and the improvement of inmate behavior. Furthermore, the retributive paradigm must be shifted toward a progressive paradigm that is more humanist and rehabilitative within the framework of the new criminal justice system.