Publication Search

The practice of anatomical corpse (cadaver) surgery in medical education has an important value to improve the understanding and skills of medical students related to the anatomy of the human body. However, uncivilized acts of the corpse in this practice can raise legal and ethical issues. This study aims to analyze whether the practice is in accordance with the principles of law, ethics, and respect for the corpse, as well as how the act of treating the corpse uncivilized can be categorized as an unlawful act (wederrechtelijk). The research uses a normative approach with primary, secondary, and tertiary legal analysis, including the Criminal Code, Law Number 17 of 2023 concerning Health, and Regulation of the Minister of Health Number 38 of 2022. The results of the study show that there is a gap in norms related to legal uncertainty in regulating the treatment of corpses in the practice of medical education. Existing norms have not explicitly provided detailed guidance on uncivilized acts, thus opening up space for multiple interpretations. The uncivilized treatment of corpses violates the principles of respect for human dignity as stipulated in criminal law and medical ethics. Therefore, systematic legal interpretation and regulatory reform are needed to provide legal certainty, protect the rights of the corpse, and ensure that the practice of medical education runs in accordance with the principles of ethics, law, and respect for the corpse. This study provides recommendations to strengthen regulations and ethical education in the use of cadavers in order to maintain public trust in the medical profession.

This study aims to identify and analyze the ratio legis of the principle that the Complete Systematic Land Registration (PTSL) program needs to be regulated and adhered to. Furthermore, this research also seeks to examine the legal consequences of the Complete Systematic Land Registration (PTSL) program. The awareness of the special position of land in the Indonesian national consciousness is also revealed in the Basic Agrarian Law (UUPA), which states the eternal relationship between the Indonesian people and the land. However, the term “controlled” in Article 33 of the 1945 Constitution does not imply that the state is the owner. The general explanation of the 1960 UUPA clarifies that the state (government) only controls the land. The meaning of land being “controlled” does not equate to “owned” but rather refers to certain authorities granted to the state as a power organization. Ownership of land rights must be proven by authentic or valid evidence in the form of a land rights certificate, where such certified ownership is an absolute requirement. Therefore, the Indonesian Government, through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration, aims to facilitate the implementation of systematic and complete land registration as a government program. From this explanation, it can be concluded that the ratio legis of the Complete Systematic Land Registration (PTSL) program principle requires regulation and adherence to provide guarantees of legal certainty, transparency of information related to land parcels that can be utilized by legitimate parties, and ensure orderly administration in the field of land affairs, thereby delivering benefits and justice.

This study discusses the legal reconstruction of the authority of the Ombudsman of the Republic of Indonesia (ORI) after the Constitutional Court (MK) Decision Number 62/PUU-VIII/2010, with a focus on advocacy based on pseudo/quasi principles. The Ombudsman, as an independent state institution, plays a role in supervising the implementation of public services to prevent and deal with maladministration. However, the existence of Article 43 of Law Number 37 of 2008 concerning the Ombudsman and the Constitutional Court's decision creates the potential for norm inharmonization that has an impact on the implementation of the Ombudsman's duties. This study analyzes two main things: legal certainty on the authority of the Ombudsman after the Constitutional Court's decision and legal reconstruction to strengthen the supervisory function of public services. The results show that the pseudo/quasi principle allows the Ombudsman to carry out an advocacy function similar to the judiciary, but without full executive power such as the judiciary. Legal certainty is needed to ensure that the Ombudsman's actions remain within the limits of the authority regulated by law. Legal reconstruction is suggested to provide stronger legitimacy to the Ombudsman's authority, including strengthening the recommendation aspect to be more binding and implementive. This reconstruction also includes increasing institutional capacity, coordination between agencies, and strengthening regulations that support supervisory functions that are more responsive to the needs of the community. Thus, this research contributes to the development of public service law, especially related to the role of the Ombudsman in realizing transparent, accountable, and fair services.

The implementation of the Job Creation Law has brought significant changes to the regulation of foreign investment in Indonesia, particularly through the establishment of a minimum capital requirement for a Foreign Investment Limited Liability Company (PT PMA) of IDR 10 billion. This study aims to examine the formal minimum capital requirements for PT PMA in notarial deeds under the Job Creation Law using normative juridical methods with statutory, conceptual, and case study approaches, and referring to the theory of legal certainty, responsibility, and legal protection. The analysis includes the evolution of PT minimum capital regulations, capital classification within the company's legal structure, the phenomenon of fictitious PT PMAs such as the PT BKG case, and the status and limitations of notary responsibilities. The results of the study indicate that although the minimum capital requirement for PT PMAs has been explicitly stipulated in Government Regulation No. 5 of 2021 and Regulation of the Head of the Investment Coordinating Board (BKPM) No. 4 of 2021, there are legal loopholes in the form of unclear capital deposit periods, weak verification and oversight mechanisms, and the prevalence of nominee practices and fictitious PT PMAs that reduce the effectiveness of the policy. The notary's position as a public official plays a strategic role in drafting deeds of establishment, verifying documents, and providing legal counseling, but has limited authority in verifying material truth. The study concluded that regulatory improvements are needed through establishing clear capital deposit periods, strengthening verification and oversight mechanisms, and harmonizing regulations between institutions to ensure the effective implementation of minimum capital requirements for foreign-owned companies (PT PMA) in accordance with the principle of economic sovereignty.

Auctions in Indonesia serve a dual function not only as a mechanism for buying and selling to obtain optimal prices, but also as a legal enforcement tool that reflects both the public and private aspects of the auction process. This study aims to analyze the legal standing of the auction minutes deed (akta risalah lelang) in providing legal certainty for auction winners, particularly concerning ownership of vehicles resulting from the execution of state-confiscated assets. This study employs a normative approach, which examines law as a set of norms applicable within society and functions as a guideline for individual behavior. In this context, the auction minutes deed is regarded as an authentic deed; however, its existence does not automatically serve as legitimate proof of ownership for the winning bidder. Nevertheless, the deed still ensures legal certainty by demonstrating the good faith of the buyer and can serve as the legal basis for transferring vehicle ownership documents, proof of the sales transaction, and valid legal evidence.

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.

Article 19 paragraph (1) of Law Number 5 of 1960 concerning Basic Agrarian Principles "To ensure legal certainty by the government, land registration is carried out throughout the territory of the Republic of Indonesia according to the provisions regulated by government regulations". In fact, there are still many waqf lands that have not been registered with the National Land Agency (BPN), causing weak protection and legal certainty for waqf lands in Indonesia. This research uses normative juridical methods with regulatory and conceptual approaches. The results show that waqf land that is not registered with the national land agency has a weak position before the law, although religiously the waqf land that has been pledged is valid in sharia, but without official administration at the national land agency, the legal protection of waqf land is weak. The legal consequences of waqf land that is not registered with the national land office make the status of the waqf land still the previous property, because land registration is an administrative obligation that must be fulfilled to obtain legal certainty that is recognised in positive law by being registered with the National Land Agency. By not registering with the National Land Agency in accordance with the provisions of the law, the status of waqf land has not been registered as waqf asset land. It is recommended that the National Land Agency continue to socialise the importance of waqf land certificates and cooperate with the Indonesian Waqf Board and the Religious Affairs Office in its registration. It is also suggested that a regulation be made requiring nadhirs to report on waqf practices in the village every six months to record unregistered waqf land.

The issue arises from Article 15 paragraph (2) letter f of the Notary Position Law (UUJN), which grants notaries the authority to draw up deeds related to land affairs but fails to clearly define the scope of that authority. This creates conflict with Article 2 of Government Regulation No. 37 of 1998 in conjunction with Government Regulation No. 24 of 2016, which stipulates that PPATs have the authority to draw up authentic deeds regarding certain legal acts in land affairs. This study employs a normative juridical method by reviewing statutory regulations and legal literature to analyze the issue. The results show that this overlapping authority leads to legal uncertainty and potential conflict between professional functions. In practice, although notaries are normatively granted authority in land-related matters, their implementation remains limited, as deeds drawn up by notaries cannot serve as a legal basis for land registration unless the notary is also appointed as a PPAT. Therefore, a legal reform is necessary, either through a revision of the UUJN or the establishment of implementing regulations that clarify each official’s authority. By doing so, legal certainty can be achieved, and inter-professional disputes can be minimized.

Law Number 1 Year 2023 on the Criminal Code (KUHP) is a form of national criminal law reform that recognises the existence of customary criminal law. However, it has not been regulated in detail how the implementation and position of customary criminal law as a reason for criminal prosecution, and there are fundamental differences between the two concepts of the legal system. The problems in this research are how the position between customary criminal law and national criminal law in the new Criminal Code, how the legal certainty of the regulation of customary criminal law in the new Criminal Code, and how the challenges in enforcing customary criminal law using the current criminal justice system in Indonesia. This research uses normative juridical method with regulatory and conceptual approaches. The results show that the applicability of customary criminal law is limited to the area where the law lives and applies to customary criminal acts committed in the area where the law lives. The position of customary criminal law can be valid as a reason for criminal prosecution if the customary law that is still alive in the community has been stipulated in the form of Regional Regulations, and customary offences that are similar to offences in the New Criminal Code will be ruled out, and the classification of customary sanctions as additional sanctions, positioning customary penalties to be complementary or secondary, because additional sanctions can only be imposed together with the main sanctions. Legal certainty towards the regulation of customary criminal law is highly dependent on the formulation of the elements of each offence of customary criminal law stipulated in regional regulations. The current criminal justice system in Indonesia (KUHAP) cannot realise the objectives of customary criminal law. The objectives, characteristics, and procedures in the concept of customary law are contrary to those in the criminal justice system. Restorative Justice can be utilised as an alternative to the settlement of customary criminal cases when the New Criminal Code comes into effect.

This research is motivated by the existence of problems in the management of movable assets owned by Margajaya Village which are not yet optimal. The purpose of this study is to determine the optimization of movable asset management in Margajaya Village, Sukadana District, Ciamis Regency. The method used in this study is descriptive analysis. There are 6 informants. Data collection techniques are literature studies, field studies (observations and interviews) and documentation. The author uses qualitative data analysis techniques through processing data from interviews and observations to draw conclusions so that they can answer the problems in the study. Based on the results of the study, it is known that: Optimization of movable asset management in Margajaya Village has been implemented but has not been optimal in accordance with the principles of asset management, namely the functional principle, legal certainty, openness, efficiency, accountability, and certainty of value. This shows that the movable assets owned by the village have been used but have not been managed effectively to support the implementation of government duties and community services. There are several obstacles faced in the management of movable assets, including limited competent human resources, inadequate supporting facilities and infrastructure, lack of socialization and understanding of regulations, limited community participation in supervision, and budget constraints for asset maintenance and development. Efforts have been made by the Margajaya Village Government together with related parties to overcome these obstacles, including conducting training and increasing the capacity of village officials, implementing a digital-based asset management information system, socializing and assisting with asset management regulations, increasing transparency and community participation, and optimizing village budget management.

This study aims to analyze the application of the legal principle of utility (kemanfaatan hukum) in relation to the inclusion of the phrase Basmallah at the beginning of authentic deeds in Murabahah financing contracts. In notarial practice, it has been found that certain notaries include the phrase “Bismillahirrahmanirrahim” at the beginning of the redaction of Islamic financing deeds. However, the form and structure of authentic deeds are explicitly regulated in Article 38 of the Notary Act (UUJN), which serves as the normative reference for notaries in drafting legally binding deeds. According to Article 1868 of the Indonesian Civil Code (KUHPerdata), an authentic deed is a document drafted in a format prescribed by law, created by or before a public official authorized for such matters, and executed at a place designated by law. Therefore, the inclusion of the Basmallah, which is not stipulated in the formal structure of deeds, may pose legal issues as it can be deemed a deviation from formal requirements, potentially undermining the evidentiary strength of the deed. To ensure both the utility and legal certainty of authentic deeds, it is necessary to reaffirm the formal boundaries as outlined in Article 1869 of the Civil Code, so that deeds drawn up by notaries maintain both formal and substantive legal validity. The scope of this study encompasses three main aspects: First, whether the inclusion of the Basmallah at the beginning of a Murabahah financing deed holds legal authenticity; second, to what extent such inclusion aligns with the principle of legal utility.

The utilization of Artificial Intelligence (AI) in healthcare services and medical diagnosis in Indonesia has grown rapidly alongside the digital transformation of the health sector. AI technology has been employed to improve service efficiency, accelerate diagnostic processes, and enhance disease detection accuracy, particularly through medical imaging and ECG data analysis. Algorithms such as K-Nearest Neighbor (KNN) and Chi-Square have shown effectiveness in heart disease classification. However, despite its benefits, AI implementation presents legal challenges. The absence of specific regulations regarding legal liability in cases of AI-based diagnostic errors creates uncertainty for both medical professionals and patients. Additionally, the lack of national standards, weak patient data protection, and digital literacy gaps present significant obstacles. Adaptive policies, the establishment of dedicated regulations, and collaboration between government, medical practitioners, technology developers, and academics are essential to develop a legal framework that accommodates AI advancements responsibly. With clear legal certainty, AI technology can be optimally utilized to support more inclusive and high-quality healthcare services.

Regulation plays an important role in the public sector as a legal foundation and reference in the implementation of governance. This article discusses regulation and its developments in the public sector of Indonesia, highlighting its functions, purposes, dynamics, and challenges in its implementation. Regulation aims to create legal certainty, enhance bureaucratic efficiency, protect public interests, and ensure the quality of public services. Over time, regulation has undergone significant changes, especially after the era of reform and digitalization, which has encouraged increased transparency through e-government and technology-based services. However, the implementation of regulations still faces obstacles such as overlapping rules, weak policy evaluation, and low public legal literacy. These challenges demand reforms that are not only normative, but also strengthen institutional capacity and public participation. Information technology is also an important tool to support adaptive and responsive regulations to the needs of the community. Through a literature review and policy analysis, this article concludes that sustainable regulatory reform is needed to support better, efficient, and public service-oriented governance that is fair and accountable.

The need for development financing in the regions is increasing, while dependence on the APBN/APBD funds cannot meet all those needs. Therefore, the regional government is starting to explore alternative financing cooperation, including with non-government entities (private and international financial institutions). This article aims to examine the role of national civil law as the legal basis for regulating the relationship between the parties in such cooperation schemes. This research uses a normative juridical method with an approach based on legislation and concepts. It is found that national civil law, particularly agreements in the Civil Code and modern contract law, plays a vital role in determining the rights and obligations of the parties, ensuring legal certainty, and preventing disputes in the implementation of non-APBN/APBD funding cooperation. In addition, the flexibility of civil law allows for adaptation to the needs of the region and funding partners. Strengthening the legal capacity of local governments and harmonizing with sectoral regulations are necessary.

The development of the digital economy has led to a significant increase in the number of freelance workers in Indonesia. Despite their growing contribution to the economy, their legal status within the national employment system remains normatively ambiguous. This research aims to analyze the normative ambiguity of the status of freelance workers in Indonesian legislation and its juridical implications for their legal protection. The research method used is normative juridical with a statute approach and a conceptual approach. The results indicate that Law No. 13 of 2003 concerning Manpower in conjunction with Law No. 6 of 2023 does not explicitly define or regulate the category of freelance workers. Consequently, their legal relationship is often positioned in a grey area between a "work relationship" of a subordinative nature and a "partnership relationship" of a coordinative nature based on the Indonesian Civil Code. The implications of this ambiguity are significant, encompassing the absence of normative rights such as minimum wage, social security, severance pay, and uncertainty in dispute resolution mechanisms. This study concludes that normative ambiguity creates legal vulnerability for freelancers and recommends regulatory reform to provide legal certainty and adaptive protection for non-standard work models.

Pretrial is an important instrument in the Indonesian criminal justice system that serves as a control mechanism against arbitrary actions of law enforcement officials, especially in the determination of suspect status. This study aims to analyze the effectiveness of pretrial institution in overturning invalid suspect determination and its impact on the protection of human rights and legal certainty. The method used is normative legal research with legislative approach and case study. The results of the study show that although pretrial has been strengthened through Constitutional Court Decision No. 21/PUU-XII/2014, in practice its effectiveness is still limited due to inconsistency of decisions, lack of access to investigation documents, and potential abuse by certain parties. Pre-trial decisions that invalidate suspect determinations have a substantive impact in upholding the principle of presumption of innocence and due process of law. However, in order for it to function optimally, reform of KUHAP, training of judges, digitization of the judicial process, and strong public oversight are required. Thus, pretrial can play a strategic role in maintaining substantive justice and the integrity of the legal system in Indonesia.

Background: Islamic inheritance law represents a critical component of family law systems that extends beyond religious obligations to encompass significant socio-economic implications for asset distribution and intergenerational justice. While Malaysia and Brunei Darussalam have both incorporated Islamic law into their national legal frameworks, their implementation approaches demonstrate fundamental structural and procedural differences that warrant systematic comparative analysis. Objective: This study examines the institutional frameworks and implementation effectiveness of Islamic inheritance law systems in Malaysia and Brunei Darussalam, analyzing how constitutional arrangements and governmental approaches influence the practical application of faraid principles. Methods: This research employs a normative legal methodology utilizing comparative analysis of legal frameworks, institutional structures, and judicial decisions. The study analyzes primary legal sources including constitutional provisions, statutory laws, court decisions, and administrative guidelines from both jurisdictions. Data collection encompassed library research examining fiqh literature, national legislation, official documents, scholarly articles, and religious legal opinions. Theoretical frameworks of legal pluralism (Romano-Gierke), Maqasid al-Shariah, and Hartian legal positivism provide analytical foundations for institutional effectiveness assessment. Results: Malaysia's dual legal system creates jurisdictional tensions between Syariah and civil courts, particularly regarding immovable property administration, resulting in administrative complexity and legal uncertainty that undermines Islamic law effectiveness. Conversely, Brunei's centralized Islamic legal framework demonstrates superior institutional coherence through exclusive Syariah court jurisdiction, enabling direct faraid implementation without inter-court conflicts. The study reveals that approximately RM42 billion in Muslim inheritance remains undistributed in Malaysia due to systematic administrative failures, while Brunei's unified approach achieves greater legal certainty and administrative efficiency. Conclusions: Institutional structures fundamentally determine Islamic inheritance law implementation effectiveness in contemporary Muslim societies. Successful Islamic law implementation requires comprehensive institutional support aligning legal structures with religious objectives rather than mere constitutional recognition. Malaysia's fragmented system inadvertently undermines Islamic law's divine authority through secular intervention, while Brunei's unified approach enhances religious legitimacy and community compliance.

This study uses a qualitative method to examine the criminal sanctions against phishing crimes under Indonesian criminal law. Phishing is a form of cybercrime committed by deceiving victims into disclosing personal or confidential information such as identity data, bank accounts, or other sensitive details. In Indonesian criminal law, phishing is not explicitly mentioned, but it can be prosecuted under several articles of the Electronic Information and Transactions Law (Law No. 19 of 2016), particularly Articles 35 and 36, which regulate manipulative acts that cause harm to others. Offenders may face imprisonment of up to 12 years and/or fines of up to 12 billion rupiah. Additionally, offenders may be charged under the Indonesian Penal Code (KUHP) if their actions meet the elements of fraud or data theft. This study highlights the need for legal reform to be more responsive to the rapid advancement of digital technology. More specific regulations are needed to ensure legal certainty and provide adequate protection for victims of phishing crimes in Indonesia.

Investment plays a strategic role in driving economic growth and job creation. However, the dynamics of investment law regulation in Indonesia still face various challenges that impact business certainty for investors. This study aims to: (1) analyze the dynamics of investment law regulations in Indonesia over time until the enactment of the Job Creation Law; (2) identify the forms of investment law regulations and the challenges of their implementation; and (3) formulate legal solutions to improve business certainty for investors. The research method used is normative legal research with a legislative and conceptual approach. Data was obtained from relevant regulations, scientific journals, and academic literature, then analyzed using descriptive-qualitative methods. The results of the study show that although regulations such as Law No. 25 of 2007 and the Job Creation Law have strengthened the legal framework for investment, their implementation is still hampered by bureaucracy, inconsistencies between central and regional policies, and weak oversight in digital investment. The conclusion of this study is that regulatory harmonization, strengthening arbitration institutions, and improving legal literacy are important steps to enhance legal certainty and investment attractiveness in Indonesia.

The Constitutional Court (MK) Decision Number 55/PHPU.BUP-XXIII/2025 is an important precedent in the dynamics of regional head election law in Indonesia. The Constitutional Court canceled the participation of the North Gorontalo Regent candidate pair because one of the candidates was still undergoing a criminal probation period. This article analyzes the Constitutional Court's legal considerations and their implications for the principle of legal certainty and protection of voters' constitutional rights. This study uses a normative legal approach with a descriptive-qualitative analysis method of laws and regulations and Supreme Court decisions. The results show that the enforcement of strict nomination requirements by the Constitutional Court emphasizes the importance of compliance with the law in the democratic process, while ensuring that regional head candidates have proper moral and legal integrity, this decision also emphasizes that the election process is not only procedural, but also substantial in ensuring the quality of leadership that will be elected. In addition, this decision provides guidelines for election organizers, especially the General Election Commission (KPU), to be more careful in conducting factual verification of candidate requirements. On the other hand, political parties are encouraged to be more selective in nominating candidates, in order to avoid potential legal disputes that could harm public trust in democracy.