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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.

value of the bankruptcy estate (boedel pailit) through the going concern principle. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) allows curators to continue the debtor’s business, particularly under Article 179 paragraph (1). However, the absence of clear normative parameters creates legal uncertainty and inconsistent practices. This study analyzes the application of the going concern principle in the settlement of bankruptcy estates following the annulment of homologated composition agreements and examines the urgency of technical implementing regulations. Using a normative juridical method supported by statutory analysis, court decisions, legal doctrines, and interviews, the research focuses on the cases of PT Sri Rejeki Isman Tbk. (Sritex) and PT Texmaco Perkasa Engineering Tbk. The findings reveal that going concern implementation depends not only on legal provisions but also on non-legal factors, such as transparency, asset control, capital availability, management credibility, and creditor support. Texmaco’s case shows approval when these conditions are met, while Sritex demonstrates rejection due to lack of transparency and unlawful activities. The study underscores the need for a Supreme Court Regulation (PERMA) that establishes eligibility parameters, approval mechanisms, reporting obligations, and curator protection to ensure consistency, legal certainty, creditor protection, and greater economic benefits in Indonesian bankruptcy practice.

This study discusses the implications of applying Restorative Justice on legal certainty and the protection of victims' rights in cases involving repeat offenders who have committed serious assault in the jurisdiction of the Tapa Police Sector, Bone Bolango. Normatively, Indonesian Police Regulation No. 8 of 2021, Article 5(e), explicitly prohibits the application of Restorative Justice for offenders who have committed repeat criminal offenses based on court rulings. However, the research findings indicate that in practice, law enforcement officials often exercise discretion to facilitate peaceful resolutions even for repeat offenders, citing the need to maintain social relationships and avoid lengthy litigation processes. This approach raises legal certainty issues, as inconsistencies between written norms and field practices can reduce legal predictability, open the door to discrimination, and weaken both general and specific deterrent effects. From the perspective of victim protection, peaceful agreements in cases involving repeat offenders risk not fully reflecting substantive justice, as victims may be in a vulnerable position due to social pressure or unequal power dynamics. This study concludes that the application of Restorative Justice to repeat offenders needs to be strictly limited through more detailed regulations and effective oversight mechanisms, so that the principles of the rule of law, legal certainty, and victim protection are upheld. Thus, Restorative Justice can remain an important instrument in Indonesia's criminal justice system without compromising legal integrity and public safety.

This research aims to analyze the conflict of authority between the Constitutional Court (Mahkamah Konstitusi) and the Supreme Court (Mahkamah Agung) within Indonesia’s constitutional system, focusing on institutional disputes that have emerged following the amendment of the 1945 Constitution. The main objective is to examine the legal foundations, juridical implications, and mechanisms for resolving jurisdictional conflicts between the two courts through a normative juridical approach and case-based analysis. The findings indicate that authority conflicts between the Constitutional Court and the Supreme Court often arise from overlapping legal norms and ambiguities in the delineation of constitutional functions established by the 1945 Constitution and its implementing laws. In several cases, such as disputes over the judicial review of regulations below the level of statutes, divergent interpretations have occurred regarding the scope of constitutional versus administrative jurisdiction. This study reveals that legal harmonization through regulatory reform and inter-institutional coordination is essential to prevent future jurisdictional overlaps. The conclusion emphasizes the need to strengthen the principles of checks and balances and clarify the hierarchy of norms to ensure stability in Indonesia’s constitutional framework. The research recommends the establishment of a cross-institutional constitutional forum as a mediation mechanism among state institutions to uphold constitutional supremacy and legal certainty in Indonesia.

This study aims to analyze and compare legal protection for parties in a sale and purchase agreement based on the Civil Code (KUHPer) and Islamic law, using the fiqh muamalah approach. A sale and purchase agreement is a very common legal transaction in everyday life, so it is important to ensure legal certainty and justice for all parties involved. The research method used is normative-comparative with literature study techniques, which allows researchers to examine the differences and similarities in legal protection in both legal systems. The results show that in civil law, there is an emphasis on the principle of freedom of contract which gives space for the parties to determine the contents of the agreement according to their wishes, as long as it does not violate applicable laws and regulations. The formal form of the agreement is also an important aspect of legal protection, with regulations regarding default and fulfillment of performance that give the injured party the right to obtain compensation or fulfillment actions in accordance with the agreement. Meanwhile, Islamic law emphasizes the aspect of the lawfulness of the object of the sale and purchase, which must meet certain conditions for the transaction to be considered valid. Furthermore, in Islamic law, the consent or voluntary agreement of both parties is a primary requirement for a valid sale and purchase agreement to conform to the principles of substantial justice. While these two approaches differ philosophically and normatively, they share the same goal of protecting the rights and obligations of the parties involved in the sale and purchase agreement, thereby creating a fair transaction that does not disadvantage either party. The differences in approach between civil law and Islamic law are also evident in the dispute resolution mechanisms.

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.

The advancement of digital technology has created new opportunities for cybercrime, including revenge porn the non-consensual distribution of intimate content motivated by revenge. In Indonesia, such cases have surged significantly, predominantly affecting women of productive age, with multidimensional consequences including psychological trauma, social stigmatization, and job loss. This study analyzes the element 'without right' (tanpa hak) in Article 27 paragraph (1) of the Electronic Information and Transactions Law (UU ITE), which is both the core and the main source of legal uncertainty in prosecuting revenge porn cases. Through normative legal research using statute and case approaches, analyzing the Banten High Court Decision No. 96/Pid.Sus/2023/PT BTN, this research finds that the element 'without right' must be interpreted holistically by making a clear distinction between consent to create and consent to distribute. The appellate court decision demonstrates a progressive human rights-based approach, integrating the principle of reasonable expectation of privacy and victimological impacts. However, normative ambiguity continues to create disparities in rulings and disproportionate evidentiary burdens on victims. The research recommends legislative reform through amendment of the UU ITE or enactment of specific legislation on image-based sexual abuse to provide stronger legal certainty and substantive victim protection.

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.  

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.

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.

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.

Criminal law formulation policy is the initial stage in criminal law politics that establishes legal norms formulated in legislation, including religious offenses. In the National Criminal Code enacted through Law No. 1 Year 2023, this policy is reflected in Article 300 - Article 305 of the National Criminal Code which regulates criminal offenses against religion, belief, and worship. In this case, it is important to analyze how the formulation policy on religious criminal offenses in the National Criminal Code and what are the juridical implications of the formulation policy on religious criminal offenses in the National Criminal Code. The research method used is normative juridical and supported by empirical juridical method. The data used are primary data, secondary data, and tertiary data. The data obtained is then analyzed qualitatively. Based on the results of the research, it is known that in the National Criminal Code passed through Law No. 1 of 2023, In Article 300 to Article 305 of the National Criminal Code, the state attempts to reorganize religious offenses by clarifying the elements of the act and the intention of the perpetrator, thus preventing multiple interpretations and abuse of the law. This formulation also expands the reach of legal protection not only to official religions, but also to public order and diversity of beliefs in society. However, in substance, the juridical implications of the policy formulation of religious criminal articles in the National Criminal Code include higher legal certainty, protection of citizens' constitutional rights, and changes in the orientation of punishment from repressive to more educative and preventive.