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Legal uncertainty in the implementation of the carbon tax poses significant challenges to Indonesia’s investment climate, particularly in the non-renewable energy sector. This study aims to examine how the postponement of carbon tax implementation, despite the operation of carbon trading instruments, affects foreign investors’ expectations from the perspective of investment law. The research employs a normative juridical (dogmatic) approach combined with a light event study on major policy milestones between 2021 and 2023, including Presidential Regulation No. 98/2021, Ministerial Regulation of Energy and Mineral Resources No. 16/2022, OJK Regulation No. 14/2023, the launch of IDXCarbon, and the announcement of the carbon tax delay until 2025. The findings reveal varied market responses in fossil-based utility firms’ stocks and bonds, indicating the presence of an uncertainty premium. From a legal standpoint, the asymmetric configuration between delayed fiscal instruments and the ongoing non-fiscal instruments potentially undermines the principle of legal certainty under Investment Law No. 25/2007, while also raising risks related to Fair and Equitable Treatment (FET) and legitimate expectations. Nevertheless, the state’s right to regulate remains a crucial foundation for balancing investor protection with the imperative of energy transition. This study underscores the importance of policy consistency and transparency to maintain investment attractiveness and strengthen the legitimacy of Indonesia’s climate regulation.  

This research examines judicial discrepancies in criminal cases of fiduciary transfer, focusing on Decision No. 45/Pid.Sus/2023/PN.SMN. Discrepancy is understood as the inconsistency between trial facts, the prosecutor’s evidence, and the judge’s considerations, which may lead to injustice and reduce public trust in the judiciary. The purpose of this study is to analyze the forms of discrepancy found in the decision and to assess their legal implications for the protection of the defendant’s rights and legal certainty. The research method employed is empirical juridical research with a sociological juridical approach, using statutory analysis, case studies, interviews with law enforcers, and literature review. The findings indicate disharmony in the assessment of intent (mens rea), the interpretation of written consent, and the proof of losses suffered by fiduciary recipients. Such discrepancies weaken the quality of the judgment, create legal uncertainty, and potentially violate the principle of fair trial. This study concludes that harmonization between trial facts, prosecutorial evidence, and judicial reasoning is necessary to maintain the integrity of the criminal justice system, improve the quality of judicial decisions, and strengthen legal protection for the parties involved.

This study has two main objectives: first, to analyze the application of the principle of ultra petitum partium in talaq divorce cases based on the Decision of the Sleman Religious Court Number 1086/Pdt.G/2024/PA. Smn; Second, to examine the basis of judges' legal considerations in determining matters that are not explicitly requested, especially from the perspective of the protection of the rights of the wife. This study uses a normative juridical method with a case approach and a statute approach. The results of the study show that the provision of iddah maintenance by the judge based on the mediation agreement of the parties does not violate the principle of ultra petitum partium. However, the determination of mut'ah in the absence of an explicit request in the petitum has the potential to be contrary to this principle. However, the judge's actions can be justified through ex officio authority in order to protect the rights of the wife, in accordance with Article 158 of the Compilation of Islamic Law. These findings highlight the tension between procedural legal certainty and substantive justice in the religious justice system. This study recommends that judges explicitly state legal grounds when exercising ex officio authority, to ensure transparency and accountability in decisions.

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.

Consumer protection is a fundamental aspect in ensuring social justice and legal certainty for all individuals involved in the market, including citizens (WN) and non-citizens (NWN). This study aims to analyze the differences in legal protection for WN and NWN consumers in Indonesia by examining the legal status as well as the practice of its implementation. The research applies a normative juridical approach with descriptive-qualitative analysis based on the Consumer Protection Law, its derivative regulations, and case studies of court decisions related to consumer disputes. The results show that, normatively, Law No. 8 of 1999 concerning Consumer Protection does not differentiate between citizens and non-citizens. However, in practice, there are significant challenges such as administrative barriers, limited access to information, and language difficulties faced by non-citizen consumers. These findings indicate a gap between universal legal norms and the implementation that remains biased toward citizenship status.The study concludes that although Indonesian regulations guarantee equality in consumer rights, there is a need to strengthen implementation mechanisms that are more inclusive, particularly for foreign consumers. This research contributes to the discourse on consumer protection by emphasizing the importance of harmonizing non-discrimination principles with the effectiveness of law enforcement.

Marriages between Indonesian citizens and foreign nationals present complex legal challenges, particularly regarding the citizenship status of children born within such unions. This research explores the legal tension between Indonesia’s Marriage Law No. 1 of 1974 and Citizenship Law No. 12 of 2006, which adopt different approaches to the inheritance of nationality and the safeguarding of children’s rights. Employing a normative juridical method, the study examines statutory regulations, judicial rulings, and scholarly legal works, supported by a comparative analysis of practices in other jurisdictions. The results demonstrate that although the 2006 Citizenship Law introduced the notion of limited dual citizenship for minors, the family unity principle maintained in the Marriage Law creates procedural ambiguities especially in matters of registration and the age threshold for citizenship determination. Such inconsistencies often give rise to administrative barriers that may place children at risk of statelessness. The study argues that aligning the two legal frameworks is imperative to achieve legal certainty and uphold the best interests of the child, consistent with international conventions ratified by Indonesia. It further suggests amending overlapping provisions and improving administrative mechanisms to ensure more coherent and effective citizenship protection for children of mixed marriages.

This study aims to analyze implementation of digital advertising licensing in Yogyakarta City based on Regional Regulation Number 6 of 2022 and to identify challenges faced in the process. Research employs a normative juridical approach with qualitative methods. Legislative approach examines regulations such as the 1945 Constitution, Law No. 1 of 2024 on Electronic Information and Transactions, Regional Regulation No. 6 of 2022, while the conceptual approach analyzes authority, supervision, legal compliance. Bahan hukum were collected through interviews, observations, document studies, analyzed qualitatively via bahan hukum reduction, narrative presentation, conclusion drawing. The findings indicate digital advertising licensing in Yogyakarta City has a robust legal foundation, but implementation is hindered by low compliance among business actors (31.9% of digital advertisements were unlicensed in 2024), complex procedures, and inadequate coordination among agencies such as DPMPTSP, BPKAD, and Satpol PP. Key challenges include unclear technical regulations, overlapping authorities, limited monitoring technology, and low legal awareness among business actors due to high licensing costs. Study recommends revising Regional Regulation, digitizing licensing system through OSS, strengthening inter-agency coordination, conducting socialization programs to enhance compliance, thereby supporting orderliness, city aesthetics, increased local revenue, legal certainty. These measures can strengthen Yogyakarta’s efficient and harmonious digital advertising governance.

The application of restorative justice by the police in cases of assault is based on Indonesian National Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. This regulation provides a basis for investigators in resolving criminal cases by exploring the values ​​of justice that exist in society. This study aims to analyze the application of restorative justice by the police in cases of assault and the inhibiting factors. The research method uses a normative juridical and empirical juridical approach, with secondary data through library research and primary data through field studies. The results indicate that the resolution of cases of assault complies with the provisions of the regulation, as both formal and material requirements are met, and a peace agreement exists between the perpetrator and victim. This process adopts local wisdom values ​​by involving the perpetrator, victim, their respective families, and community leaders. However, obstacles to its implementation exist, including third-party intervention from the victim's family, the perpetrator's limited financial capacity, external interests, lack of community understanding, and communication barriers between the perpetrator and victim. Therefore, specific regulations regarding restorative justice are needed, incorporated into criminal procedural law provisions, for example through the Criminal Procedure Code (RKUHAP), to provide a strong legal basis and ensure legal certainty.

This research examines the design of simultaneous elections in Indonesia as its main research object, a crucial discourse spurred by the persistent inefficiencies of a separated election model that produced divided governments. The discourse is marked by the shifting jurisprudence of the Constitutional Court (MK). The primary problem addressed is the Court’s jurisprudential inconsistency, which creates significant legal uncertainty for election organizers and political actors. Therefore, the objective of this research is to critically analyze the evolution of the Court's rulings on this matter and their impact on its shifting role into a positive legislator. This study employs a normative-juridical method, focusing on the doctrinal analysis of primary legal materials, particularly the series of relevant Constitutional Court rulings. The analysis reveals an inconsistent jurisprudential journey, starting from an activist stance that imposed a five-ballot simultaneous model through Ruling 14/PUU-XI/2013, with the aim of strengthening the presidential system. Then, in response to the systemic chaos and humanitarian costs of the 2019 election, the Court retreated to an "open legal policy" doctrine in Ruling 55/PUU-XVII/2019, exhibiting judicial self-restraint by deferring the choice of an alternative model to the legislature. Finally, it abandoned this position in a final interventionist decision, Decicion 135/PUU-XXII/2024, which stipulated a specific model separating national and regional elections. The main finding confirms that this latest ruling positions the MK as a positive legislator, significantly overstepping its traditional judicial authority. It is concluded that although the final ruling substantively produces a more rational election design, its inconsistent formation process has fundamentally undermined the principles of legal certainty and the balance of powers, thereby creating a problematic precedent for the future of Indonesia's constitutional governance.

This community service program was carried out by students of Universitas Pelita Bangsa in Karangsetia Village, Karang Bahagia District, Bekasi Regency, as a concrete effort to strengthen the capacity of micro, small, and medium enterprises (MSMEs) in facing the challenges of digitalization. MSMEs in this area still encounter various obstacles, such as the absence of formal business legality, limited understanding of branding strategies, and minimal utilization of digital technology for both marketing and payment systems. These conditions have weakened business competitiveness and hindered the growth of local enterprises. The program focused on three interrelated aspects: legal compliance, brand development, and digital adoption. Business legality was facilitated through the issuance of the Business Identification Number (NIB), which provides legal certainty while granting access to government programs and financial institutions. Branding was strengthened by designing logos, banners, and simple promotional media to enhance business identity, professionalism, and consumer appeal. Digitalization was promoted through business registration on Google Maps to improve visibility, and the adoption of the Quick Response Code Indonesian Standard (QRIS) as a cashless payment method that is efficient, secure, and widely accepted. The methods employed included observation, socialization, mentoring, and participatory evaluation with business owners. The results demonstrated significant progress, as most MSMEs successfully obtained legal registration, adopted QRIS in daily transactions, registered their businesses on Google Maps, and developed clearer visual identities. This program had a positive impact by increasing entrepreneurial confidence, expanding market reach, and fostering awareness of the importance of digital transformation. Overall, the community service program contributed to strengthening the competitiveness, sustainability, and independence of MSMEs in Karangsetia Village, while supporting the development of the local economy.

This study provides an in-depth examination of the emergence of servitude rights (hak servituut) arising from procedural errors in land parcel division, which result in landlocked plots without road access. Servitude rights, as regulated in Article 674 of the Indonesian Civil Code and reinforced by the Conversion Provision of Article I point 6 of the Basic Agrarian Law (UUPA), constitute a legal burden imposed on one parcel of land for the benefit of another, thereby ensuring that landlocked owners gain reasonable access. Although the UUPA serves as the national agrarian framework, the servitude concept remains highly relevant and functions as a crucial legal instrument to safeguard the rights of affected landowners. This research employs a normative juridical approach, integrating statutory and conceptual analyses to explore the consistency between legal theory and practice. The findings demonstrate that parcel division conducted without considering the social function of land, as mandated by Article 6 of the UUPA, can trigger access disputes that adversely affect community interests. Dispute resolution may proceed through litigation or non-litigation channels, with mediation emerging as the more effective and efficient option for maintaining harmonious relations between parties. Article 667 of the Civil Code provides a clear legal basis for landlocked property owners to obtain access while obligating them to pay fair compensation to the burdened land. Based on these findings, the study recommends strict adherence to lawful land division procedures and the development of detailed technical guidelines on servitude compensation to prevent future disputes and to strengthen legal certainty for all stakeholders.

This study aims to analyze in depth the influence of business legality on the growth and increased competitiveness of Micro, Small, and Medium Enterprises (MSMEs). Business legality is seen as a crucial foundation in strengthening the position of MSMEs in the market, as it not only provides legal certainty but also fosters consumer trust in the quality of the products offered. This study uses a qualitative approach with data collection techniques such as field observations, in-depth interviews with business actors, and relevant documentation studies. The results show an increase in public awareness of the importance of having business legality, as evidenced by the increasing number of MSMEs officially registering their business permits. Furthermore, legality has been proven to increase the credibility of MSMEs, expand market access, facilitate collaboration with the private sector and government agencies, and open up opportunities for obtaining capital support. A significant increase in consumer trust is also evident, as MSME products with legality are more easily accepted and marketed through various distribution channels. Thus, this study confirms that business legality is not merely an administrative requirement, but rather a strategy that can encourage sustainable business growth and increase competitiveness at the local and national levels. In conclusion, the synergy between MSMEs and the government is the main key in encouraging the creation of a healthy, transparent, and highly competitive business ecosystem.

Plagiarism in scientific writing is a serious violation that not only harms the original creator but also undermines academic integrity, the development of scientific knowledge, and the credibility of educational institutions. This research aims to analyze the regulation of plagiarism acts based on the laws and regulations in Indonesia, as well as to build a firmer criminal law construction against acts of plagiarism within academic settings. This study employs a normative juridical method with a doctrinal approach, examining relevant laws and legal theories. The findings indicate that although plagiarism has been regulated in several legal instruments such as the Indonesian Penal Code (KUHP), Law Number 28 of 2014 on Copyright, Law Number 20 of 2003 on the National Education System, and the Regulation of the Minister of National Education Number 17 of 2010, the existing regulations tend to be administrative in nature and have not provided a sufficient deterrent effect. Therefore, a more comprehensive and implementable criminal law construction is needed to ensure the protection of scientific works and legal certainty in the enforcement of criminal sanctions against perpetrators of plagiarism. In addition, preventive efforts through academic ethics education, the implementation of plagiarism detection systems, and the strengthening of internal policies within universities are also important steps that must be optimized.

Agreements are an important instrument in everyday life, both in the social and economic spheres. In practice, agreements are not always made in written form, but are often made orally. This phenomenon raises legal questions about whether oral agreements have valid legal force and can be used as a basis for dispute resolution. This study aims to analyze the legal status of oral agreements from the perspective of Indonesian civil law by referring to Article 1320 of the Civil Code (KUHPerdata), which regulates the requirements for a valid agreement. The research method used is normative juridical with an approach to relevant laws and legal doctrines. The results of the study indicate that oral agreements remain legally valid as long as they meet the four requirements for a valid agreement: agreement of the parties, capacity to enter into an agreement, the existence of a specific object, and a lawful cause. However, the main problem arising from oral agreements is the difficulty in proving them when disputes arise, given the lack of written evidence that can be used as a basis before the law. Therefore, although civil law does not require a written form for the validity of an agreement, writing an agreement is still recommended to provide legal certainty, facilitate proof, and protect the interests of the parties. This finding underscores the importance of public legal awareness in choosing a form of agreement that is safer and has stronger evidentiary force.

An agreement is when a person commits to another person to do something or when both parties commit to carry out something. However, in practice, there are often cases of default, where there are parties who do not fulfill their obligations in accordance with the contents of the agreement, as happened in the case of a kiosk sale and purchase agreement in Kupang District Court Decision Number 132.18/PDT.G/2016/PN.KPG. This article aims to analyze the occurrence of default in the kiosk sale and purchase agreement and analyze the judge's decision in resolving the default with the principles of justice. This article adopts a qualitative approach by using the normative juridical method and conducting a literature study. The results of this research analysis explain that the judge's decision in this case has fulfilled the necessary conditions. The Defendant has been found in default by the Panel of Judges and is entitled to pay the remaining money according to the agreement letter. The principles of legal certainty and justice have also been applied properly by considering all evidence and witness testimony before making a decision.

This research explores the legal protection of domestic doctors in Indonesia in response to the increasing utilization of foreign doctors (FDs) within the framework of knowledge transfer aimed at improving healthcare services. With the enactment of Law No. 17 of 2023 on Health, the Indonesian government provides space for foreign doctors to practice with simplified licensing procedures, raising legal concerns regarding legal certainty, professional equality, and the rights of patients to clear and honest communication. This study uses normative juridical methods with statutory and conceptual approaches to analyze the legal framework surrounding this issue. The findings show that the implementation of simplified requirements for foreign doctors potentially threatens the professional standing of local doctors and risks violating patient rights. Recommendations include strengthening legal instruments and monitoring mechanisms to ensure that knowledge transfer objectives are met without compromising legal protection and healthcare quality. The legal framework provided by Law No. 17 of 2023 allows foreign doctors to practice with more straightforward licensing processes, but it raises concerns regarding the adequacy of regulatory oversight. Local doctors fear that the simplified procedures for foreign doctors may not guarantee the same level of competency, accountability, and ethical standards. Furthermore, the presence of foreign doctors could lead to a disparity in professional treatment and recognition, undermining the integrity of the medical profession in Indonesia. This study explores how these legal issues intersect with the broader goals of patient protection, ensuring that all medical practitioners, regardless of nationality, adhere to the highest standards of care and ethical conduct. The role of patient rights in this context is critical, as patients must receive clear and honest communication about the qualifications of the doctors treating them, ensuring their right to informed consent is upheld.

This research aims to analyze the essence of the principle of legality and the recognition of living law in society after the reform of the Indonesian National Criminal Code (KUHP). The study employs normative or doctrinal juridical research, which relies on a legislative and conceptual approach. The principle of legality is a fundamental doctrine in criminal law, emphasizing that no individual may be punished without pre-existing legal provisions. This principle is crucial not only as an instrument to guarantee legal certainty but also as a safeguard of human rights against arbitrary and repressive actions of the state. Traditionally, the principle of legality contains several core elements, namely lex scripta (law must be written), lex certa (law must be clear), lex stricta (prohibition of analogy), and lex praevia (non-retroactivity of law). These elements ensure that criminal provisions are accessible, predictable, and prevent abuse of power. However, with the enactment of the new Criminal Code in 2023, the meaning and application of this principle have shifted. The reform introduces a transition from a strictly formal legality principle toward a material legality principle. This development is particularly reflected in Article 2, paragraph (1) of the new Criminal Code, which explicitly recognizes living law (hukum yang hidup dalam masyarakat) as a legitimate source of criminal law. The recognition of living law expands the scope of legality beyond statutory law to include unwritten norms that are deeply rooted in local communities and cultural traditions. On the one hand, this reform represents an effort to align national criminal law with Indonesia’s socio-cultural realities. On the other hand, it also raises critical debates regarding legal certainty, uniformity, and potential conflicts with universal human rights standards.

The application of restorative justice in the Indonesian criminal justice system cannot be immediately implemented in all cases, particularly for assault crimes. This is due to limitations in implementation and inhibiting factors that arise in the field. Facts show that some law enforcement officers are still less than optimal in expediting the restorative justice process. This condition creates legal uncertainty and anxiety, especially for prosecutors handling cases. This situation also impacts the prosecutor's position, which could be questioned by superiors and supervisory committees if case resolution does not proceed according to regulations. This study uses a socio-legal research approach to examine two main issues. First, the author analyzes the implementation of restorative justice in resolving assault cases in the jurisdiction of the Samarinda District Attorney's Office. Second, the author identifies obstacles faced in implementing restorative justice in that jurisdiction. Based on the results of the study, 14 cases of assault were handled. Of these, 11 cases were successfully resolved through restorative justice mechanisms, while 3 cases were declared failed. This failure is generally influenced by the failure to meet several important requirements, including: the perpetrator being a recidivist or having previously committed a crime, a sentence exceeding five years, the absence of a peace agreement between the perpetrator and the victim, and the perpetrator's failure to fulfill their obligation to provide compensation. Therefore, it can be concluded that although restorative justice plays a crucial role in achieving a more humane and equitable resolution of cases, its implementation still faces structural and technical obstacles. Consistent efforts by law enforcement and increased understanding of the concept of restorative justice are needed for this mechanism to operate effectively, provide legal certainty, and address the community's need for justice.

The relocation of the National Capital (IKN) through Law Number 3 of 2022 raises the potential for serious issues related to the land rights of local communities, particularly indigenous communities who have long inhabited and utilized the area. In the context of IKN development, community rights often clash with the interests of the state and investors, thus creating the risk of violations of basic rights, including land rights, which are an important part of their social, cultural, and economic identity. Notaries, as public officials, have a strategic role in ensuring that every process of transferring land rights is carried out legally, fairly, and in accordance with legal provisions. This study aims to analyze the extent to which the IKN Law protects the rights of local communities and how the role of notaries in notarial practice can ensure justice for the parties involved. The research method used is normative juridical with a qualitative approach through a review of regulations, legal doctrine, and an analysis of notarial practices relevant to IKN development. The results show that although the IKN Law contains general norms regarding respect for the rights of local communities, the legal protection provided is still weak and has not been accompanied by adequate technical regulations. The role of notaries in this context has also been suboptimal due to limited scope of authority and the lack of specific guidelines for overseeing the transfer of land rights in the new capital development area. This research emphasizes the need to strengthen derivative regulations and optimize the role of notaries to serve as a crucial instrument in ensuring legal certainty, justice, and the protection of the rights of indigenous communities during the new capital development.

International trade involves cross-border buying and selling activities between countries, which in practice requires various transportation documents to ensure legal certainty and smooth operations. One of the main documents used is the Bill of Lading (Konosemen), which is a dated letter issued by the carrier as proof of receipt of goods to be transported to a certain destination and delivered to a specified recipient. The Bill of Lading has three essential functions: as a receipt of goods, as evidence of ownership, and as proof of a transportation contract. However, in practice, there are still frequent problems that hinder the optimal function of the Bill of Lading. One notable case is APL Co. Pte. Ltd. v. CV. Dua Sekawan Sejati, which involved discrepancies between the goods shipped and those stated in the Bill of Lading. This study adopts a normative juridical method by examining applicable legal provisions and theoretical concepts related to the law of contracts and transportation. The findings show that discrepancies between the goods shipped and those listed in the Bill of Lading constitute a breach of promise or default under Article 1320 of the Indonesian Civil Code. The Bill of Lading, in this case, serves as a legally binding transportation contract that obligates both parties to fulfill their respective responsibilities. Failure by one party to comply with the terms of the contract results in legal consequences in the form of claims for compensation by the aggrieved party. This research emphasizes the importance of accuracy and accountability in the issuance and use of Bills of Lading in international trade to avoid disputes and ensure legal certainty. Strengthening the regulation and enforcement of Bill of Lading functions is crucial for protecting the rights of parties engaged in cross-border trade.