Publication Search

The growth of the digital economy in Indonesia has positioned Foreign Venture Capital Companies (FVCCs) as a fundamental pillar within the startup financing ecosystem. However, the legal landscape has undergone a significant transformation with the enactment of Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law). This regulation mandates that all financial services business actors, including foreign entities, obtain business licenses from the Financial Services Authority (Otoritas Jasa Keuangan/OJK). This study aims to analyze the legal implications of this licensing requirement on business certainty for foreign investors and to examine the normative inconsistencies between the Investment Law and the P2SK Law. This research employs a normative juridical method with a statutory approach and a conceptual approach. The findings reveal the existence of normative ambiguity (vagueness of norms) concerning the operational status of FVCCs utilizing offshore structures during the regulatory transition period, which is set to expire in January 2026. Such legal uncertainty has the potential to hinder the inflow of Foreign Direct Investment (FDI) if not promptly addressed through adaptive implementing regulations, such as the optimization of regulations governing Foreign Representative Offices. On the other hand, the licensing obligation enhances legal certainty by providing preventive legal protection for Business Partner Companies through contract standardization and integrated supervision. In conclusion, this study recommends cross-sectoral regulatory harmonization and the issuance of clear technical guidelines to ensure a balanced approach between prudential supervision and investment facilitation.

This research aims to analyze the criminal liability of perpetrators of arson and destruction of public facilities during demonstrations in Indonesia, as well as to examine the enforcement of criminal law against these crimes based on applicable positive law. However, in practice, demonstrations are often accompanied by anarchic actions in the form of arson and destruction of public facilities that harm the public interest and disrupt public order. The urgency of this research lies in the need to ensure that criminal liability and criminal law enforcement for acts of arson and destruction of public facilities are carried out individually and proportionally in accordance with the provisions of the old Criminal Code and the National Criminal Code, in order to prevent the general application of criminal law to participants in demonstrations. The results of the first study indicate that criminal liability for perpetrators of arson and destruction of public facilities during demonstrations has basically been regulated in the old Criminal Code and then updated in the National Criminal Code, especially regarding the crimes of arson and destruction of property. While the second enforcement of criminal law against these acts requires proportional and individual application, even though it is carried out in the context of collective mass action.

The industrial revolution 4.0 has brought rapid advances in technology, one of which is artificial intelligence (AI). AI has the ability to imitate the human thought and action process in solving various problems. However, the implementation of AI raises legal problems related to responsibility for the negative impacts caused, such as cybercrime, information manipulation, privacy violations, and misuse of technology. Indonesia, as a country based on law, is faced with the challenge of regulating AI to be in line with technological developments. Currently, legal regulations in Indonesia do not specifically regulate the legal responsibility of AI. Positive laws, such as the Civil Code and the ITE Law, can be used interpretively, but are not enough to address the complexity of AI. Legal responsibility related to AI is debatable, whether it is imposed on the developer, owner, or user of AI. In addition, AI does not have a “mens rea” in criminal law, so that unlawful acts are more relevant to be imposed on the responsible human. To overcome this problem, legal reform or the creation of special regulations that comprehensively regulate AI are needed. These regulations must include privacy protection, data security, and criminal and civil liability due to the use of AI. With a clear legal framework, the risk of AI misuse can be minimized and its use can be optimized for the welfare of society.

The digitalization of payment systems constitutes an integral part of economic digital transformation, driving a shift in transactions from cash-based to technology-based cashless payments. In Indonesia, this digitalization is manifested through the development of the Quick Response Code Indonesian Standard (QRIS) by Bank Indonesia as a national standard for QR code–based payments. Along with its development, QRIS has not only been used in domestic transactions but has also been implemented in cross-border transactions through intercountry payment system cooperation, particularly within the ASEAN region. However, the rapid expansion of QRIS has not been accompanied by comprehensive and structured legal regulation. This study aims to analyze the structure and hierarchy of QRIS regulation within Indonesia’s payment system as well as the forms of legal protection for consumers in cross-border QRIS transactions. The research employs a normative juridical method using statutory, historical, and conceptual approaches. The findings indicate that QRIS does not yet have a Bank Indonesia Regulation as a primary regulatory framework and is regulated solely through a Regulation of Members of the Board of Governors, which hierarchically functions as an implementing regulation. Consequently, QRIS regulation refers to several different Bank Indonesia Regulations, resulting in regulatory fragmentation. This condition has implications for legal uncertainty and the suboptimal legal protection of consumers in cross-border QRIS transactions.

The phenomenon of homelessness and begging in public places remains a complex social problem and impacts public order and legal norms. The main problem in this study is how the criminal law is applied to homelessness and begging in public places, and how the provisions compare in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a statutory approach and literature study. In the old Criminal Code, begging is regulated in Article 504 which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425 which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The research results show that, despite substantial continuity, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against vagrants and beggars still faces various obstacles, such as low public reporting, limited oversight by authorities, and a lack of rehabilitation facilities. Therefore, the main conclusion of this research is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches with the active involvement of the government, the community, and social institutions.

Bullying is a common problem in elementary schools and can negatively impact students' psychological and social development, as well as their academic achievement. This community service activity aims to increase students' understanding and awareness of bullying at Ngemplak Elementary School regarding the definition, forms, impacts, and prevention of bullying through outreach and educational activities. The method used was a qualitative approach with case studies, implemented through interactive lectures, discussions, Q&A sessions, and supporting activities such as icebreakers and anti-bullying songs. The results of the activity showed an increase in students' understanding of bullying behavior, a growing sense of empathy, and the courage to reject and reprimand bullying. Student participation was very active and enthusiastic, supported by a fun and communicative learning environment. The school also responded positively, assessing the activity as beneficial in supporting character education and creating a safe and comfortable learning environment. Overall, the outreach and education on bullying prevention at Ngemplak Elementary School has made a significant contribution to building a school culture that is more caring, respectful, and free from bullying.

Madrasahs play a strategic role in shaping the moral character of young generations amid the challenges of the digital era, particularly Generation Alpha, who grow up in an environment dominated by technology. This community service activity aims to analyze and strengthen the role of Madrasah Baitul Mu’minin in Ngemplak Village in forming the moral character (akhlaq) of Generation Alpha through a Qur’anic empowerment approach. This program employed a qualitative approach using a case study method. Data were collected through participatory observation, in-depth interviews, and documentation, involving madrasah caregivers, teachers (ustadz and ustadzah), students, and parents. Data analysis was conducted through data reduction, data display, and conclusion drawing, while data validity was ensured through source and technique triangulation. The results indicate that Madrasah Baitul Mu’minin plays a significant role in strengthening the moral character of Generation Alpha through Qur’an-based learning that emphasizes understanding and value implementation, consistent religious habituation, and exemplary behavior of educators. The Qur’anic empowerment approach proved effective in internalizing Qur’anic values and fostering moral awareness among students. Furthermore, the madrasah functions as a moral and spiritual development center that helps counterbalance the negative impacts of digital technology. These findings highlight the importance of non-formal madrasahs as adaptive bases for Islamic character education in responding to contemporary challenges.

Dairy goat farming holds significant economic potential as a rural enterprise alternative, driven by increasing market demand for goat milk, which is known for being low-allergen and highly nutritious. This article presents a case study on Okane Mochi Farm, a dairy goat farming unit located in Ngaglik Village, Gebang District, Purworejo Regency. This study aims to analyze the breeding management strategies, product innovation, and economic impacts generated by the farm. The method used is field observation and descriptive study of the farm's operations. Observations indicate that the success of Okane Mochi Farm is driven by three main factors: (1) Innovation in selecting superior breeds such as Anglo Nubian and Sapera for high milk productivity; (2) Implementation of strict housing management and hygiene standards to maintain milk quality; and (3) Product diversification through flavored pasteurized milk processing and the utilization of livestock waste into organic fertilizer (zero waste). The study concludes that the upstream-downstream integration model applied by Okane Mochi Farm can serve as a reference for sustainable rural economic empowerment models.

This study discusses the judge’s considerations in granting permission for polygamy to a husband who had committed adultery, as stated in the Religious Court Decision of Tanjung Karang Number: 737/Pdt.G/2024/PA.Tnk. Generally, Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 on Marriage upholds the principle of monogamy but allows polygamy under certain conditions with court approval. This case is particularly interesting because the court granted permission for polygamy to a husband who was proven to have engaged in an affair and committed adultery resulting in a child born out of wedlock. The study aims to identify the legal considerations of the judge and the legal implications regarding the marriage and joint property. The research employs an applied normative legal method with a qualitative approach, using primary data from interviews and secondary data from legislation and legal literature. The results show that the judge considered granting permission for polygamy as a means of legalizing the existing relationship to maintain public morality and prevent continuous sinful behavior, although it conflicts with moral values. Legally, the second wife has no rights over the joint property acquired before the polygamous marriage, as stipulated in Article 65 paragraph (1) letter b of the Marriage Law

This study discusses the judge’s considerations in granting child custody of a non-mumayyiz (underage) child to the biological father in the Religious Court Decision of Tanjung Karang Number: 1379/Pdt.G/2024/PA.Tnk. Generally, according to Islamic law and the Compilation of Islamic Law (KHI), custody of a non-mumayyiz child is granted to the biological mother. However, in this case, the panel of judges decided to grant custody to the biological father. The purpose of this research is to identify the legal reasoning behind the judge’s decision and the legal implications of such a ruling. The study employs a normative juridical method with a descriptive-analytical approach, supported by primary data obtained through interviews and secondary data from legislation and legal literature. The results show that the judge’s consideration was based on the best interest of the child principle, as the mother had remarried a non-Muslim man and converted to another religion, which made her ineligible to be the custodian under Islamic law. The legal implication of this decision reinforces the authority of judges to interpret hadhanah provisions contextually, ensuring the protection of the child’s rights and supporting their growth in accordance with religious teachings and prevailing social norms.

This research is motivated by the importance of preserving the authenticity of the Qur’an as the primary source of Islamic teachings and law, which serves as the foundation for legal certainty within the Islamic Family Law system. Historical records show that the codification process of the Qur’an carried out by Zaid bin Tsabit during the caliphates of Abu Bakr and Uthman bin Affan played a crucial role in ensuring the integrity and uniformity of the revealed text, thereby having significant implications for the validity of Islamic legal arguments. This study aims to critically analyze the role of Zaid bin Tsabit in the Qur’anic codification process and its implications for the certainty of the textual basis (nash) in Islamic family law. Using a qualitative method with a historical-normative approach, this research combines chronological and normative analyses of primary sources such as the works of as-Suyuthi and az-Zarkasyi, as well as secondary sources in relevant academic literature. The findings indicate that the codification process of the Qur’an holds not only historical value but also juridical significance, as it ensures the authenticity of the text as the foundation of Islamic law. Therefore, integrating historical and normative aspects is essential to maintaining the authority of Islamic legal sources in the contemporary era.

The background of this research aims to determine and analyze judges' perspectives on the application of customary law in resolving criminal cases at the Padangsidimpuan District Court. Customary law is an unwritten legal system that exists and develops within society and is often used as a consideration in deciding cases related to local values ​​and cultural wisdom. In the context of Padangsidimpuan society, which still strongly upholds customs and traditions, customary law often serves as a means of resolving social conflicts before they enter the formal legal realm. The research method used is empirical juridical, with data collection techniques through direct interviews with judges and document studies of several relevant court decisions. The results indicate that most judges at the Padangsidimpuan District Court view customary law as a complementary instrument to positive law, particularly in minor criminal cases with social and familial dimensions. Judges strive to consider customary values ​​to achieve substantive justice, without neglecting the principle of legality and statutory provisions. However, the application of customary law cannot replace positive law in its entirety; rather, it serves as a moral and social value that strengthens the community's sense of justice.

This study aims to explore Generation Z's adaptation to traditional values, particularly the Balinese language sor singgih in Catur Wangsa, amid social changes driven by globalization and technological advancements, from the perspective of interpersonal communication. The phenomenological approach in qualitative research is the research method used, with three data collection techniques: participant observation, unstructured interviews, and documentation. This study also uses source and technique triangulation as a data validity technique. The research informants are members of Generation Z from the five castes in Bali: Brahmana, Ksatria, Weisya, and Sudra. Research conducted across eight districts and cities in Bali indicates that Generation Z is beginning to shift its interpersonal communication patterns. Although they still uphold traditional values of politeness and social norms, Generation Z emphasizes equality and openness in their daily interactions. The generation Z that continues to use the Balinese language is segmented by social context, emotional closeness, and communication situations, rather than solely by caste differences. Furthermore, this study's findings show that the caste system is seen more as a cultural identity than a social boundary. The implications of this research emphasize the importance of preserving the values of Balinese local wisdom in the form of adaptive, egalitarian communication that is relevant to the development of the younger generation in the digital age.

Although JKN aims to provide equitable and quality health services, fraudulent practices, such as phantom billing and diagnosis manipulation, continue to grow, harming BPJS Kesehatan and participants. This study aims to examine the effectiveness of legal sanctions against JKN claim fraud in FKRTL and identify gaps in their implementation. Although regulations are in place, law enforcement remains weak, with administrative sanctions failing to provide sufficient deterrence. The gap in this research lies in the lack of application of criminal sanctions in fraud cases, especially in existing regulations. The novelty of this research is its comparative approach between current administrative sanctions and the potential application of criminal sanctions in the context of healthcare fraud. The research method uses a normative-descriptive approach, analyzing regulations and fraud audit results, and identifying gaps in the implementation of legal sanctions. The results of the study indicate that strengthening criminal sanctions and integrating technology in claim monitoring can increase the effectiveness of fraud prevention. These findings are expected to strengthen regulations and improve the integrity of the JKN system, as well as provide policy recommendations for more effective law enforcement.

This study examines Banten Lama as a political symbol that shapes regional identity in Banten Province. As the former center of the Banten Sultanate from the 16th to the 18th century, the site holds not only historical and religious significance but also functions as a symbolic space influencing political legitimacy and the construction of collective identity in contemporary Banten society. Using a qualitative approach with a case study design, this research analyzes how local government, political elites, and communities negotiate the symbolic meanings of Banten Lama through ritual practices, public discourse, and revitalization policies. Data were collected through literature review, non-participatory observation, visual documentation, and examination of policy documents. The findings reveal that Banten Lama operates as a symbolic arena that intertwines historical narratives, Islamic spirituality, and political interests. The government employs symbols of the former sultanate to construct moral legitimacy and a religious political image, while local communities interpret Banten Lama as a spiritual space and a source of economic livelihood. Although the use of historical symbols strengthens regional identity, it also gives rise to symbolic politics that often dominate public space without being accompanied by substantive policy outcomes. This study concludes that the governance of Banten Lama requires participatory and culturally grounded approaches to ensure the sustainable preservation of its historical and social values.

This study stems from a classic question in the study of political hadith regarding leadership, specifically the hadith "The Imams are from Quraysh," which is often understood textually as requiring leaders to be from the Quraysh tribe. This kind of understanding often stops at the normative and historical level, without considering the socio-political context of modern society, which is fundamentally different from the early Islamic era. As a result, a gap emerged between the moral message of the hadith and the reality of the leadership system in democratic countries like Indonesia. This research aims to reanalyse the meaning of hadiths about Quraysh and non-Quraysh leadership, and to trace their relevance to the concept of state leadership in the Indonesian constitutional system, placing Islamic political theory and modern leadership theory on an equal footing (theory = theory). This research employs a qualitative approach based on library research, with the primary sources being political hadiths and classical references such as al-Ahkam al-Sulthaniyyah by al-Mawardi, supplemented by contemporary literature on the modern Indonesian government system. The analysis was conducted using comparative methods and content analysis to explore the commonalities and differences between the concept of Imamah in Islam and leadership in modern democratic systems. The research findings indicate that the hadith about Quraysh leadership cannot be understood rigidly as a limitation of lineage, but rather as an ethical guideline emphasising the principles of justice, trust, responsibility, and public interest. The ethical values in the hadith align with the basic principles of the presidential system in Indonesia, such as public accountability, limitation of power, and popular sovereignty, as regulated in the 1945 Constitution. Despite challenges such as corruption, the politicisation of religion, and weak leadership morality, the values of the hadith remain relevant if translated into public norms and modern governance practices. This research confirms that leadership in Islam and Indonesian democracy can complement each other, with Islam providing a moral and spiritual foundation, while democracy offers the legal and political structure to realise it.

This study delves into the philosophical foundations of natural law, contrasting the irrational theories of Thomas Aquinas with the rational perspectives of Hugo Grotius and Immanuel Kant, examining their relevance within Indonesia’s deeply religious and pluralistic context. Aquinas argues that natural law is divinely ordained and serves as a universal moral guide, where law and morality are intrinsically linked. On the other hand, Grotius proposes that while natural law originates from divine will, human reason enables individuals to comprehend it, even without divine revelation. Kant’s philosophy shifts the focus to moral autonomy and the freedom of individuals, emphasizing that legitimate law must be based on principles of universal morality that respect human dignity. In the context of Indonesia, with its diverse religious landscape, integrating these philosophical ideas provides a balanced approach to the interaction between secular law, religious teachings, and moral values. The research adopts a juridical-normative methodology with a conceptual and legislative approach, analyzing secondary legal sources to explore how natural law influences Indonesia's legal system. The findings indicate that while Indonesia's legal system primarily follows positive law, it would benefit from incorporating the moral and spiritual aspects derived from natural law theory. The study concludes that Indonesia’s legal system can achieve a more substantive form of justice by integrating the principles of Aquinas, Grotius, and Kant, thus ensuring a more harmonious blend of legal certainty, moral integrity, and religious principles in the country’s laws.  

This is related to the rights of traffic accident victims regulated in Article 240 of Law 22 of 2009 concerning Road Traffic and Transportation "traffic accident victims have the right to receive compensation from the party responsible and are entitled to insurance compensation from the insurance company". Article 1365 of the Civil Code, every person who commits an unlawful act is obliged to compensate for the losses arising from his or her mistake. In fact, many accidents occur due to damaged roads in Samarinda City, so this is one of the factors causing traffic accidents.The aim of this research is to answer two things. First, to find out and examine unlawful acts by the authorities in cases of traffic accidents due to damaged roads. Second, we want to know and examine the legal responsibilities of road operators. In this part of the research, we review and explore the relevant laws that regulate and are relevant to claims for compensation against road operators by victims of traffic accidents due to damaged roads.The results obtained from this research are as follows: 1) In this case, the occurrence of traffic accidents in terms of the last 5 years continues to show a significant increase, which means that the government has not maximally provided the community's rights, namely to have good roads. One of the causes of accidents is damaged roads, but to date no member of the public has filed a civil lawsuit against the government for compensation for the pain they suffered. 2) The government's regulations and efforts to provide protection for road users are sufficient, but they are not implemented optimally, in fact the public has never been given an appeal to demand their rights to receive good roads.  

This study analyzes the implementation of cultural preservation policies in Lebak Regency in the context of the Seren Taun tradition as part of efforts to maintain local wisdom and sustainable development. The approach used is qualitative with a case study method, through interviews, observations, and documentation studies of local governments, traditional leaders, and the Kasepuhan Citorek community. Data analysis was carried out using the Miles and Huberman model, including data reduction, data presentation, and conclusion drawn. The results of the study show that the implementation of cultural preservation policies in Lebak has been regulated through Regent Regulation Number 435 of 2022 concerning Regional Cultural Promotion, which emphasizes the importance of indigenous peoples' participation. The implementation of this policy is analyzed using Edwards III's theory, which includes communication, resources, disposition, and bureaucratic structure. The Seren Taun tradition has proven to play an important role in strengthening cultural identity, fostering social solidarity, maintaining food security, and teaching ecological awareness. However, challenges such as budget constraints, low cultural documentation, and shifting values of the younger generation remain major obstacles. This research emphasizes that synergy between the government, customary institutions, and communities is the key to the success of sustainable and inclusive cultural preservation in Lebak Regency.

The phenomenon of the “Sandwich Generation” (SG) in Indonesia, where individuals of productive age (30-40 years old) bear a double financial burden—supporting the needs of their children and immediate family (furu') while also supporting their elderly parents (ushul)—has become a widespread social and financial challenge. This pressure, exacerbated by inadequate income and low financial literacy, forces 94% of SG respondents to set aside their personal interests. This dilemma calls for a clear Sharia analysis of the priority scale of financial support. This article aims to analyze the SG maintenance dilemma through the Qawa'id Fiqhiyyah (Fiqh Principles) framework to establish a hierarchy of financial obligations. The two main principles used are Al-Farḍu afḍalu mina an-Nafli (Absolute Obligation takes precedence over Sunnah) and Al-Wājib lā yutrak illā liwājibin (An Obligation cannot be abandoned except for another Obligation). Fiqh analysis shows that the resolution of priority conflicts is based on the classification of the legal status of the recipient of alms, distinguishing between absolute obligations (Adami rights, contractual) and conditional obligations (wajib zhanni, Allah's rights). Key findings establish Sharia priorities in conditions of limitation: Self, Wife and Children (Absolute Obligations), Parents (Conditional Obligations), Siblings/Relatives (Sunnah/Nafl). This priority is established to protect the nuclear family unit as the foundation of society, in line with Maqāṣid ash-Sharīʿah (Sharia Objectives).