Publication Search

Air quality in the Special Capital Region of Jakarta has shown a concerning decline in recent years, largely due to high emissions from motor vehicles as the main source of pollution in urban areas. The Provincial Government of DKI Jakarta issued Governor Regulation Number 66 of 2020 concerning Exhaust Emission Testing for Motor Vehicles as a public policy instrument aimed at controlling air pollution. This study aims to analyze the implementation of the regulation from a public policy perspective and to identify supporting and inhibiting factors in its execution. The research employs a normative juridical method with statutory and conceptual approaches, supported by qualitative analysis of policy documents and reports on the implementation of emission testing. The results reveal that the implementation of the regulation has not been optimal due to limited emission testing infrastructure, low levels of public awareness and socialization, and inconsistent enforcement of administrative sanctions. Nevertheless, there are opportunities to improve policy effectiveness through strengthened inter-agency coordination, digitalization of monitoring systems, and increased environmental literacy among the public. Therefore, the success of emission control policy implementation is highly dependent on resource support, regulatory consistency, and community awareness, necessitating a comprehensive and continuous multi-stakeholder improvement strategy and stronger commitment.

Village institutions play an important role in supporting participatory and sustainable rural development. The Village Law No. 6 of 2014 recognizes village autonomy and emphasizes the importance of community participation through Village Community Institutions (Lembaga Kemasyarakatan Desa/LKD). However, the implementation of these institutions in practice has not always functioned effectively. This study aims to analyze the role of village community institutions in supporting village development and to identify the factors that influence their effectiveness in Oematamboli Village, Lobalain District, Rote Ndao Regency. This research employs an empirical legal research method with a qualitative approach. Data were obtained through interviews and field observations involving village government officials, community institution administrators, and community leaders, while secondary data were obtained from documents and relevant regulations. The results indicate that the functions of LKD, including the Community Empowerment Institution (LPM), Neighborhood Associations (RT), and Community Associations (RW), have not been implemented optimally in supporting village development. This condition is reflected in the limited participation of LKD in development planning, weak absorption of community aspirations, and low community participation in development activities. Several factors influencing this condition include limited human resource capacity, inadequate infrastructure, low community participation, and limited development funding. Therefore, strengthening institutional capacity, improving coordination, and increasing community participation are necessary to enhance the effectiveness of village development.

The implementation of a reward and punishment system is considered capable of improving employee work discipline. Rewards are given to encourage employee morale, while punishments are given as a reminder of the consequences of misconduct. This study aims to describe the implementation of the reward and punishment system in the Civil Service. Through a qualitative approach with in-depth observation, structured interviews with employees, and documentation studies. The results of the study found that the implementation of the reward and punishment system has been carried out well, with rewards given based on the level of discipline and performance of employees, while punishments are given based on the type of violation committed. The rewards given include Additional Employee Income, the Satyalancana Karya Satya award, exemplary employee awards, internship certificates, and retirement awards. Meanwhile, the punishments given include verbal warnings, written warnings, deductions from Additional Employee Income, and severe sanctions for employees with serious violations.  

This study aims to analyze The Responsibility of the Regional General Hospital (RSUD) TC. Hilers Maumere regarding the practice of burning medical waste and to examine its conformity with the provisions of Law Number 17 of 2023 concerning Health and other regulations related to hazardous waste management. Medical waste management is an important issue because improper handling may cause environmental pollution and pose serious risks to public health. This research employs an empirical legal research method with a descriptive approach, examining how the law operates in society through field data collection and analysis of relevant legal regulations.The results show that RSUD TC. Hilers Maumere implements a waste management system that includes the separation of household waste, liquid waste, and hazardous and toxic waste (B3). Medical waste is categorized and packaged according to its type, weighed, temporarily stored in medical waste storage facilities, and then destroyed using an incinerator or transported by authorized third parties. However, the practice of burning medical waste must be strictly supervised to prevent environmental impacts and potential legal violations. Therefore, stronger supervision, compliance with medical waste management standards, and the implementation of firm legal responsibility are necessary to protect public health and environmental sustainability.

This study aims to analyze the regulation and implementation of the authority to test laws and regulations (judicial review) in the Indonesian state system based on the 1945 Constitution of the Republic of Indonesia. This study applies a normative juridical method using three main approaches, namely the statute approach, the conceptual approach, and the historical approach. The legal data collected includes primary, secondary, and tertiary legal materials, which are then reviewed through qualitative analysis. The results of the study show that normatively the division of judicial review authority between the Supreme Court and the Constitutional Court has been expressly regulated in Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The Supreme Court is given the authority to test regulations under the law against the law, and the Constitutional Court is given the authority to test laws against the 1945 Constitution. This division of authority is a manifestation of the principle of separation of powers and the mechanism of checks and balances after the third amendment to the 1945 Constitution. However, in practice, this two-roof judicial review system tends to give rise to conceptual and practical problems, such as overlapping authority and differences in decisions between the Supreme Court and the Constitutional Court which have the potential to create legal uncertainty and reduce public trust in the judicial institution. Therefore, it is necessary to reorganize the authority of judicial review by strengthening coordination between institutions or unifying the authority of judicial review which is centered on one institution only in order to guarantee legal certainty, harmonization of norms, and supremacy of the constitution in the Indonesian state system.  

Industrial development in Indonesia has significantly contributed to national economic growth; however, it also poses potential risks of environmental pollution when corporate waste management is not conducted properly. Environmental pollution resulting from corporate waste activities may cause harm to surrounding communities, including health problems, ecosystem degradation, as well as material and immaterial losses. In this context, the class action mechanism serves as a relevant legal instrument to collectively advocate for the rights of affected communities. This study aims to analyze the implementation of the class action mechanism in environmental pollution cases based on Decision Number 29/Pdt.G/2023/PN.Skh and to evaluate its effectiveness in providing legal protection and restoring the rights of affected communities. This research employs normative legal research using statute approach, case approach, and conceptual approach. The findings indicate that the class action mechanism in the aforementioned decision fulfilled the requirements of numerosity, commonality, typicality, and adequacy of representation as regulated under Supreme Court Regulation (PERMA) Number 1 of 2002. Procedurally, the class action proved effective in enhancing access to justice, ensuring judicial efficiency, and strengthening the protection of the constitutional right to a good and healthy environment. However, its substantive effectiveness remains dependent on the fulfillment of formal requirements, the quality of evidence presented, and the consistent application of environmental law principles by judges. Therefore, the class action mechanism constitutes an important instrument in environmental law enforcement, yet it requires consistent regulatory support and judicial practice to achieve optimal ecological justice.

This study analyzes the juridical issues related to the implementation of criminal sanctions below the statutory minimum, as reflected in Cassation Decision Number 7853/K/Pid.Sus/2024. The focus of this research centers on the tension between the rigid provisions of Article 111 paragraph (1) of Law No. 35 of 2009 concerning narcotics and the reality of judicial practice, which often deviates from these provisions. This phenomenon raises debates regarding the extent to which the principle of legality can be compromised in pursuit of justice without undermining the pillar of legal certainty within Indonesia’s criminal justice system. Using a normative legal research method with a statutory and case study approach, this study qualitatively analyzes judges’ considerations. The findings indicate that, although the policy of imposing sentences below the minimum carries the risk of creating legal uncertainty, the Supreme Court in this case reinterpreted the principle of legality. Judges tend to prioritize proportionality and substantive justice to avoid purely mechanical punishment. The study concludes that, while judicial discretion represents a concrete expression of judicial independence, such practice requires clearer normative parameters. Without explicit regulation, deviations from the statutory minimum risk widening disparities in judicial decisions. Therefore, standardized sentencing guidelines are necessary to preserve legal integrity while maintaining a sense of justice for defendants.

The digital transformation of Indonesia’s judicial system through the implementation of e-court represents a judicial reform aimed at achieving a simple, fast, and low-cost legal process. However, the digitization of civil case proceedings raises concerns regarding legal certainty, particularly in the application of the principle of audi et alteram partem as a fundamental doctrine ensuring equal opportunity for parties to be heard. This study aims to analyze the normative regulation of the audi et alteram partem principle in Indonesian civil procedural law, examine its implementation within the e-court system, and assess whether its application provides adequate legal certainty for litigants. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of statutory regulations, legal doctrines, and relevant academic journals. The findings indicate that normatively, the e-court system accommodates the right to be heard through electronic case registration, summons, hearings, and submission of documents. Nevertheless, technical obstacles, disparities in digital literacy, and potential deficiencies in electronic notification mechanisms may affect the effective protection of parties’ rights. It is concluded that the implementation of the audi et alteram partem principle in e-court has a sufficient legal foundation, yet requires further technical and regulatory strengthening to ensure optimal legal certainty.

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This article aims to analyse the implementation of Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.

This study aims to identify and analyze customary and criminal sanctions imposed on individuals who violate Hinting Pali during the Tiwah ceremony, as well as the legal and customary consequences for those engaged in gambling within the ritual process. The research employs an empirical approach with a qualitative descriptive method through interviews, observations, and document analysis. The focus of this study is the implementation of Dayak Ngaju customary law in addressing violations that occur during the Tiwah ceremony. The findings reveal that Dayak Ngaju customary law plays a crucial role in maintaining social and spiritual harmony by enforcing moral, social, and symbolic sanctions. Furthermore, there is a point of convergence between customary law and national criminal law in promoting justice and social order. This study is expected to contribute academically to the development of customary law in Indonesia and serve as a valuable reference for communities, scholars, and policymakers in preserving cultural values and ensuring fair law enforcement within the framework of local wisdom.

This study examines the juridical aspects of guardianship applications by parents to obtain permission to sell a minor’s inherited land and analyzes the judicial considerations in Decision Number 199/Pdt.P/2025/PN Blt. The research employs an empirical juridical method with a sociological legal approach. Primary data were collected through interviews and case documents at the Blitar District Court, while secondary data consist of statutes, doctrine, and related literature. Qualitative-descriptive analysis was applied to interpret the findings. The study reveals that the guardianship application process involves both administrative and judicial stages. Judges scrutinize material evidence and the probity of sale objectives, weighing important principles such as utility, legal certainty, fairness, and justice. Guardians are granted limited authority to sell a minor’s property only if it can be proven to be in the child's best interest and legal protections are assured. Recommendations include strengthening post-decision monitoring, enhancing legal outreach, improving procedural transparency, and ensuring comprehensive implementation.

Copyright infringement in the music sector continues to be a significant issue in Indonesia, particularly when musical works are commercially used by business operators. Copyright law provides legal protection for creative works, including songs or music, by granting exclusive rights to control use and derive benefits from such creations. This research examines the legal analysis of copyright holders in compensation for royalty payments. The method used in this research is normative, supplemented by literature studies, including relevant regulations and previous research on song or music copyright. The research findings indicate that royalty payment is a legal obligation for every user of songs in commercial activities, and creators are entitled to such compensation. However, in the Mie Gacoan case in Bali, it is evident that the implementation of these provisions remains constrained due to weak legal understanding, supervision, and compliance, necessitating strengthened law enforcement and optimization of the role of collective management institutions.

This study aims to analyze the investigation process involving children as perpetrators of trafficking in persons at the Women and Children Protection Unit (PPA) of Bukittinggi Police Resort and to assess the forms of legal protection provided at each stage of the examination. This research applies an empirical juridical approach by combining literature review and field research through interviews with investigators and related parties. The findings indicate that the investigation process has been conducted in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, while upholding the principle of the best interests of the child. Legal protection is implemented through legal assistance, closed hearings, limited detention periods, and coordination with relevant institutions to support the child’s recovery and rehabilitation. However, several obstacles remain, including the limited number of investigators, restricted investigation timeframes, and difficulties in presenting witnesses. This study concludes that legal protection for children involved as perpetrators of trafficking in persons has been carried out in line with normative regulations, yet it requires strengthened institutional capacity and inter-agency coordination to ensure more effective implementation.

This article examines Indonesia’s public policy on personal data protection in light of Law No. 27/2022, which mandates the establishment of an independent Personal Data Protection Authority (PDP Authority). Despite this legal requirement (Article 58 UU PDP), no such institution has been formed. As a result, there is currently no supervisory authority with the mandate to audit compliance, impose administrative sanctions, or resolve data protection disputes. Enforcement of the law has thus remained reactive rather than preventive, with violations prosecuted only after harm occurs. Experts warn that without a strong implementing agency, deterrence is weak: administrative sanctions cannot be effectively applied and punished violations continue unchecked. Cybersecurity analysts even describe this gap as a national digital protection crisis, as personal data leaks (e.g. millions of citizens’ records exposed in recent breaches) continue unabated. Using a normative legal research approach and literature review, this study analyzes how the lack of the mandated PDP Authority undermines the effectiveness of data protection in Indonesia. The article reviews relevant legal theory on regulatory independence and deterrence, and compares with international best practices (e.g. EU/GDPR). We find that the absence of the agency creates serious implementation gaps, and we urge the government to immediately form the PDP Authority and clarify its powers.

Efforts to protect children in conflict with the law constitute a concrete manifestation of the state’s responsibility in implementing the principles of restorative justice. This study aims to comprehensively examine the implementation process of diversion at the Pengadilan Negeri Bukittinggi and to assess the extent to which its application achieves the primary objective of the juvenile criminal justice system, namely restoring the child’s social condition without emphasizing retribution. This research employs an empirical juridical approach by combining literature review and field research through interviews with judges, court clerks, and other relevant parties. The findings indicate that the implementation of diversion at the Pengadilan Negeri Bukittinggi has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process is conducted through deliberation involving the offender, the victim, their respective families, and supporting institutions under the guidance of a diversion facilitator. However, several challenges remain, including limited public understanding of the importance of restorative-based settlement, insufficient human resources with adequate competence in implementing diversion, and frequent failures in reaching agreements between offenders and victims. This study concludes that diversion in court proceedings is not merely a legal obligation but also an essential instrument in creating a more humane child-oriented justice system. Therefore, enhancing the competence of law enforcement officers and strengthening inter-agency coordination are necessary to support the sustainable success of diversion.

This study is motivated by the increasing complexity of financing coordination between the National Health Insurance (BPJS Kesehatan) and supplementary health insurance providers under the Coordination of Benefits (KAPJ) scheme, which creates potential claim disputes and administrative risks for hospitals. Although Minister of Health Decree No. HK.01.07/MENKES/1117/2025 regulates payment allocation and membership verification mechanisms, it does not explicitly recognize pre-admission confirmation as a preventive legal protection instrument. This research aims to analyze the normative position of pre-admission confirmation within the KAPJ framework, conceptualize it as a preventive legal protection mechanism, and formulate a proportional implementation model. The study employs a normative juridical method using statutory and conceptual approaches through literature review of relevant regulations and scholarly works. The findings indicate that pre-admission confirmation possesses implicit normative legitimacy through membership verification obligations and system integration requirements, and functions as a risk allocation mechanism that clarifies payment responsibilities prior to service delivery. Its implementation enhances legal certainty, reduces fraud potential, and minimizes claim disputes, provided that access to emergency medical services remains guaranteed.

The rapid development of e-commerce has significantly increased the participation of Micro, Small, and Medium Enterprises (MSMEs) in the digital economy, particularly through the use of pre-order transaction schemes. Although Indonesia has established a relatively comprehensive legal framework for consumer protection and electronic transactions, pre-order transactions involving MSME products remain highly vulnerable to fraud. This study aims to analyze the effectiveness of legal regulation and implementation of consumer protection in pre-order transactions conducted through e-commerce platforms, to identify legal, institutional, and social factors contributing to consumer vulnerability, and to examine the role of the state and e-commerce platform providers in strengthening consumer protection as a public policy. This research employs a normative legal research method with a prescriptive-analytical character, utilizing statutory, conceptual, and case approaches. The findings reveal that existing consumer protection mechanisms remain partial and predominantly reactive, as they do not specifically accommodate the inherent risks of pre-order transactions nor are they supported by preventive supervision and enforcement mechanisms. Consumer vulnerability arises from the interaction between regulatory gaps, institutional limitations, and social conditions such as information asymmetry and low legal and digital literacy. Accordingly, this study emphasizes the necessity of a synergistic role between the state and e-commerce platforms in developing and implementing consumer protection policies oriented toward substantive justice and fraud prevention in the digital economy.

This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.

Corporate Social Responsibility (CSR) in Indonesia has undergone a paradigmatic shift from voluntary philanthropic activities to a legally binding obligation grounded in various statutory regulations, particularly Law Number 40 of 2007 on Limited Liability Companies and Law Number 25 of 2007 on Investment. This study aims to analyze the legal framework governing CSR in Indonesia from a public policy perspective, to evaluate the implementation of CSR by corporations, and to identify normative and empirical constraints that hinder the optimization of CSR as an instrument of sustainable development. The research employs a normative juridical method with statutory, conceptual, case-based, and policy analysis approaches. The findings indicate that CSR regulation remains partial in nature, primarily due to the limitation of mandatory obligations to specific sectors, the absence of clear and enforceable sanctions, and the lack of national standards for reporting and oversight.

Modern conflict has evolved into the cyber domain as part of hybrid warfare, demanding a reinterpretation of the Sishankamrata (Total People's Defense and Security System) doctrine to encompass the digital realm. This study aims to analyze the integration of cyber defense into the Sishankamrata framework using a literature review and comparative analysis with the cyber defense strategies of the United States, Estonia, and Singapore. The results indicate that the implementation of Sishankamrata in the cyber domain faces challenges regarding inter-institutional synergy and unclear operational roles for the Reserve and Support Components. Based on the comparative analysis, Estonia's Cyber Defence Unit model and Singapore's Digital Defence pillar are identified as the most effective blueprints for Indonesia to mobilize civilian experts and enhance social resilience. This study recommends that the government formalize "Digital Defense" as an integral pillar of Sishankamrata, establish a Cyber Reserve Component consisting of expert civilian volunteers, and strengthen legal frameworks and public digital literacy as a form of state defense