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This study aims to analyze the role and function of stamp duty in agreements in Indonesia. Stamp duty is one of the important elements in the document legalization process, which functions as evidence that an agreement has met the formal requirements set by law. In this study, qualitative methods were used to collect data through literature studies. The results of the study indicate that stamp duty not only functions as a source of state revenue, but also provides legal certainty for the parties involved in the agreement. In addition, this study identifies the challenges faced in the implementation of stamp duty, including low public understanding and potential legal disputes. This study is expected to contribute to the development of policies related to stamp duty and increase public awareness of the importance of legal aspects in agreements.-

The specific minimum sentence in corruption crimes aims to provide a deterrent effect and guarantee legal certainty. However, after the Constitutional Court Decision No. 25/PUU-XIV/2016, there has been a shift in the sentencing paradigm, where judges are given discretionary space to consider substantive justice even though the minimum sentence provisions still apply. This study uses a normative juridical method with a statutory regulatory approach and case studies, and is analyzed using the ASTACITA framework. The results of the study show that the Constitutional Court's decision strengthens the independence of judges but also opens up the potential for disparity in sentencing and legal uncertainty, especially in cases involving justice collaborators. This study emphasizes the importance of a balance between legal certainty and substantive justice, as well as the urgency of national sentencing guidelines to prevent deviations in discretion. ASTACITA is used as a normative basis in measuring the proportionality and accountability of sentencing in the corruption criminal law system in Indonesia.

The growing elderly population in Indonesia has created structural challenges in the health care system. One of the crucial challenges arises in the aspect of medical decision-making that becomes increasingly complex, along with the decline in cognitive capacity, comorbidities, and chronic diseases that accompany this age group. Problems arise when elderly patients refuse medical treatment, while doctors have ethical and professional obligations to save lives. This condition is complicated by social pressure from families and collective cultural values that often ignore the right to individual autonomy. As a result, doctors are in a vulnerable position legally and ethically, especially when there are no regulations that explicitly and technically regulate the limits of professional responsibility. This study aims to analyze the form of legal protection for doctors in the face of refusal of medical action by elderly patients. The method used is normative juridical, with statutory and conceptual approaches. The results show that there are no specific rules regarding the mechanism of informed refusal, evaluation of the decision-making capacity of elderly patients, and the limits of legal responsibility of doctors. This creates legal uncertainty, even when doctors have acted according to professional standards and medical ethics. This study recommends the establishment of technical regulations that strictly regulate the procedures for refusal of medical action by elderly patients. Legal protection for doctors is not only a professional guarantee, but also an integral part of a health system that is fair, sustainable, and ensures legal certainty in modern medical practice.

Resolving Islamic legal issues can be done through a legal and diplomatic approach. The legal approach refers to the formal legal system, such as religious courts and religious scholars' fatwas, which prioritize legal certainty based on the sources of Islamic law, namely the Qur'an, Sunnah, Ijma', and Qiyas. Meanwhile, the diplomatic approach emphasizes more on deliberation, mediation, and negotiation in order to achieve a peaceful solution that remains based on the principles of Islamic law. The combination of these two approaches can create a resolution mechanism that is more effective, fair, and in accordance with the needs of the Muslim community. The research method applied in writing this journal is a qualitative research method with a descriptive-analytical approach. This study describes how the resolution of Islamic law is carried out legally and diplomatically and analyzes the effectiveness of each method in practice. Research data were collected through a literature study of Islamic legal sources, religious court regulations, and cases of Islamic legal settlement. The results of the study indicate that the legal approach is more effective in providing legal certainty and protection of individual rights, while the diplomatic approach is more flexible in maintaining social harmony and avoiding prolonged conflict. Therefore, integration between these two approaches is very necessary in resolving Islamic legal issues more comprehensively and fairly.

This research examines a case of marriage annulment filed at the Pekanbaru Religious Court, where the plaintiff, a Marriage Registrar, received a complaint from a legal wife who did not consent to her husband's marriage to another woman. The plaintiff questioned whether the annulment request had exceeded the expiration period. The study aims to (1) understand the legal consequences of filing for annulment after the legal deadline based on Marriage Law Number 1 of 1974 and Decision Number 1/Pdt.G/2021/PA.Pbr, and (2) explore the relevance of utility theory in the court’s reasoning. This is a sociological legal study using interviews and literature reviews, supported by primary, secondary, and tertiary data. The analysis uses a qualitative descriptive approach with deductive reasoning. The results show that the court granted the annulment despite the expiration, based on the discovery of an invalid guardian and procedural flaws. A verstek (default) decision was made as both defendants were absent at the first hearing. The court's decision reflects the balance of legal certainty, justice, and utility. The legal consequences include the termination of the marriage, the recognition of the child as legitimate, and the absence of shared property division.

An heir whose whereabouts are unknown refers to a person presumed missing, with no confirmation of life or death. This thesis examines the juridical settlement of inherited assets under civil law, focusing on Case Study Decision Number: 200/Pdt.P/2023/PN Jkt.Tim. The research employs a normative legal method, analyzing statutory regulations (law in book). According to Article 463 of the Civil Code, an heir whose whereabouts cannot be confirmed still retains inheritance rights, supported further by Article 467. However, if the court officially declares the missing person as deceased, their legal status as an heir ceases, and their position is transferred to a substitute heir. This substitution is governed by Article 841 of the Civil Code, which assigns all rights and obligations of the original heir to the replacement. Importantly, the substitute heir may only assume control of the inherited assets after a court decision has declared the original heir legally missing or deceased. Without such a ruling, no transfer or control of inheritance can occur. This ensures legal certainty and protects the rights of all parties involved in the inheritance process.

This research conducts a juridical analysis of the problematic implementation of income tax on digital economic activities within Indonesia's taxation system. Digital transformation has altered the global economic landscape, yet the existing tax system has not fully accommodated the specific characteristics of the digital economy. This study aims to identify weaknesses in the income tax legal framework within the digital economy context and formulate an ideal construction for income tax regulation that can optimize tax revenue without impeding digital economic growth. The research employs a normative juridical methodology with statute approach, conceptual approach, and comparative approach. The findings indicate that current income tax provisions are ineffective in addressing digital economy challenges, particularly concerning concepts of income sources, permanent establishment, and monitoring mechanisms. The study recommends comprehensive reforms including redefinition of fundamental tax concepts, strengthening of the withholding tax system, development of tax information technology infrastructure, and harmonization with international standards. The ideal construction of income tax regulation must consider principles of legal certainty, fairness, administrative efficiency, and economic neutrality to create a taxation system adaptive to digital economic developments.

The development of information technology has driven significant changes in the practice of contract making, from manual-based to increasingly using electronic systems. This research discusses the validity of the legal certainty of electronic contracts compared to manual contracts. Electronic contracts offer efficiency and flexibility, but raise concerns regarding the validity of electronic signatures, data security, and legal proof in the event of a dispute. Meanwhile, manual contracts are considered more concrete and easily accepted as evidence due to their physical form. Through a normative approach with the analysis of laws and regulations and legal literature, this study found that both types of contracts have equal legal standing as long as they fulfill the legal requirements of an agreement according to the Civil Code. However, electronic contracts face challenges in legal protection, identity authentication, and document integrity. It is necessary to strengthen technical regulations, digital legal education, and technological infrastructure to ensure the validity and legal certainty of electronic contracts to be equivalent to manual contracts, so that the rights and obligations of the parties can be fairly protected in today's digital era.    

The concept of ‘abandoned land’ in the Basic Agrarian Law (UUPA) No. 5 of 1960 faces interpretation challenges that impact the effectiveness of the management of unproductive Cultivation Rights (HGU). This research aims to analyse the reconstruction of the concept of abandoned land in UUPA and its implications for the management of unproductive HGU to support the optimisation of agricultural land use. This research is conducted through normative juridical with qualitative descriptive analysis of laws and regulations, court decisions, and related literature. The research findings show that the concept of abandoned land in the UUPA is still multi-interpretive, especially regarding the criteria of ‘not being cultivated according to the circumstances or nature and purpose of the right’. This has led to inconsistencies in the application of sanctions against HGU holders who leave their land unproductive. Concept reconstruction is needed by clarifying the objective parameters of productivity, the period of neglect, and law enforcement mechanisms. The implications of this research indicate the need for regulatory revisions to strengthen legal certainty in HGU management, as well as the development of more effective policy instruments to prevent abandonment of agricultural land to support national food security and social justice in agrarian reform.

The development of Artificial Intelligence (AI) technology has led to the creation of various works, including images generated without direct human involvement. One of the platforms that facilitates the buying and selling of AI-generated images is Adobe Stock. However, this raises legal issues regarding ownership status and copyright protection of such images, considering that Indonesia's positive law has not explicitly regulated ownership of works produced by non-human entities. This research aims to examine the legality of ownership over images generated by Generative AI in transactions through Adobe Stock and to analyze its compatibility with the Indonesian legal system. This study uses a normative juridical method with statutory, case, comparative, and conceptual approaches, as well as a literature study relevant to the issues discussed. The results show that under the Indonesian legal system, a work must have a creator who is a legal subject. Therefore, images generated by AI cannot automatically be granted copyright status unless there is significant human intervention in the creation process. In transactions through Adobe Stock, the platform's policy serves as the main reference in determining ownership and legal responsibility over AI-generated images. The legality of AI-generated image ownership in Indonesia remains a gray area and requires regulatory updates to accommodate technological developments. Legal clarity is needed to protect parties involved in AI-based digital transactions and to ensure legal certainty in the protection of creative works.

Law enforcement against theft cases not only reviews the position of the perpetrator but also the victim, because the victim has the right to receive protection both materially and immaterially; it is important for law enforcement officers to help victims obtain legal certainty and justice. The purpose of the author's research is to determine the obstacles experienced by victims of motorcycle theft in an effort to obtain their rights as victims and effective strategic efforts to ensure that the rights of victims of motorcycle theft can be fulfilled. Research iThis uses qualitative methods and empirical normative juridical methods. The author conducted interviews as primary data in this article, followed by secondary data in the form of literature from the law (primary source material), books (secondary source material), and scientific journals (tertiary source material). The data obtained shows that there are still quite a lot of obstacles experienced by victims in seeking their rights as victims of motorcycle theft. Victims experience bureaucratic difficulties where the process is complicated; victims also find unprofessional service from law enforcement officers; and victims do not get further information regarding the investigation or get SP2HP. However, there are also effective strategic steps to fulfill the rights of victims of motorcycle theft, namely by increasing access to the legal process through online complaint services and increasing professionalism and responsiveness from law enforcement officers through routine training on handling victims. It can also be done regarding the recovery of victim losses by providing compensation mechanisms and strengthening supervision and prevention by collaborating between the community and the police in the form of environmental security. This shows that there is still a lack of concern from law enforcement officers themselves for victims of motorcycle theft and there is still much that needs to be developed further by the government to improve the welfare of victims of motorcycle theft and government efforts to protect the community from criminal acts of theft.

Globalization has increased the interest of Foreign Nationals (WNA) in owning property in various countries, whether for residential purposes, holidays, or investment. Indonesia and Malaysia, as two Southeast Asian nations, have different regulatory approaches regarding property ownership by WNA. This research aims to analyze the legal provisions, identify similarities and differences in regulations, and evaluate their impact on the investment climate and legal protection for WNA in both countries. The research method used is comparative law, focusing on the legal basis, forms of ownership, limitations, and legal protection. The findings indicate that Indonesia tends to be protective of land ownership by foreign parties, strictly regulated through the Basic Agrarian Law (UUPA) No. 5 of 1960, which limits WNA to Right of Use (Hak Pakai) and Right to Build (Hak Guna Bangunan/HGB) with limited durations. In contrast, Malaysia adopts a more liberal and pro-investment approach, allowing WNA to own property as freehold or leasehold based on the National Land Code 1965 and the Malaysia My Second Home (MM2H) program. The implications of these differences are that Indonesia's restrictive policies may reduce the attractiveness of foreign investment due to legal ambiguity and limitations in secondary transactions. Meanwhile, Malaysia offers greater legal certainty and economic appeal through freehold ownership, despite social risks such as rising property prices. This study concludes that Malaysia has a more foreigner-friendly system for property ownership, while Indonesia maintains a cautious principle. It is suggested that Indonesia consider agrarian reforms that are more transparent and provide legal certainty that balances national interests with foreign investment attractiveness.

Bankruptcy petitions in Indonesia are regulated under Article 2 paragraph (1) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), which stipulates that a debtor may be declared bankrupt if they have at least two debts, one of which is due and collectible. However, this provision does not specify a minimum debt threshold as a requirement for bankruptcy, thereby creating a legal loophole that creditors may exploit by using bankruptcy as a mere debt collection tool. This raises concerns regarding the legal protection of debtors. This study aims to compare the bankruptcy laws of Indonesia and Malaysia, particularly with regard to the minimum debt amount requirement, and to evaluate whether the conditions for bankruptcy under the Indonesian Bankruptcy Law and PKPU provide legal certainty and adequate protection for debtors. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that the current provisions in Indonesia are no longer aligned with present-day needs and are prone to abuse. Unlike Malaysia, which stipulates a minimum debt amount, Indonesia has yet to regulate this matter explicitly. Therefore, a reformulation of Indonesia's bankruptcy law is necessary to ensure fairness, prevent misuse, and provide balanced legal protection for all parties, especially debtors.

International trademark infringement poses a complex challenge for brand owners due to jurisdictional variations and differing legal systems across countries. This study examines available legal remedies, ranging from non-litigation dispute resolution mechanisms such as Alternative Dispute Resolution (ADR) - encompassing negotiation, mediation, and arbitration - to formal litigation in national courts. ADR offers advantages in time efficiency, cost-effectiveness, and confidentiality, while litigation provides legal certainty through binding court decisions such as injunctions and damages awards. Preventive strategies including international trademark registration through the Madrid System and cooperation with customs authorities serve as crucial proactive protection measures. Furthermore, this research analyzes judicial considerations in cross-industry trademark disputes, including assessment of trademark similarity (visual, phonetic, conceptual), reputation of well-known marks, bad faith of infringers, and potential consumer confusion. Case studies such as Louis Vuitton vs. Louis Vuitton Dak and Zara Food vs. Zara Fashion demonstrate judicial application of the likelihood of confusion principle and anti-dilution doctrine even across different industries. The research employs normative legal methodology with statutory and secondary document analysis approaches. Findings confirm that legal strategy selection must consider infringement scale, jurisdiction, and business objectives, while international trademark protection requires integration of proactive registration, legal enforcement, and comprehensive understanding of global market dynamics.

The dissenting opinion phenomenon in Decision Number 12/G/2021/PTUN.GTO reflects the tension between the principle of legality and administrative practice in the dishonorable dismissal (PTDH) of Polri members. This study aims to analyze the legal position of dissenting opinions in the state administrative judicial system and assess the extent to which PTDH decisions reflect compliance with the principle of legality and general principles of good governance. This research uses juridical-normative method with conceptual approach and case study. The results of the study show that dissenting opinions function as judicial control over the potential for abuse of administrative authority, especially when the legal basis for PTDH refers to circular letters that do not have the binding force of laws and regulations. It is recommended that the PTDH mechanism prioritizes the principle of due process of law to ensure justice and legal certainty for members of the National Police who are subject to administrative sanctions.

Land Ownership in Indonesia, is regulated in Article 5 of the Basic Agrarian Law (UUPA) No. 5 of 1960. UUPA regulates various types of land rights in Indonesia, such as ownership rights, lease rights, use rights, and business use rights. This regulation aims to distribute natural resources, ensure legal certainty over land, and protect the rights of communities affected by land use policies. Meanwhile, Malaysia has a land ownership legal system influenced by British law due to its colonial period. In this context, land law in Malaysia is regulated by various laws, including the National Land Code (NLC) 1965, which regulates land rights, land registration, and land-related rights. In Malaysia, land is divided into several categories of rights, such as freehold and leasehold. The land registration system in Malaysia is more centralized, and land regulations are also implemented through state institutions. Unlike Indonesia, which prioritizes customary rights in land management, Malaysia tends to prioritize national land regulation and administration through a more modern and structured system.

Article 340 of the Indonesian Criminal Code (KUHP) regulates the crime of premeditated murder, which is characterized by the element of “with prior planning”. This element serves as the principal distinction between ordinary murder and premeditated murder. However, in judicial practice, this element is often interpreted inconsistently by judges, potentially resulting in disparities in verdicts and injustice in criminal adjudication. This research aims to restate and clarify the meaning of “prior planning” in Article 340 KUHP to promote a more consistent and fair application of the law. The research employs a normative juridical approach by analyzing a number of court decisions from the Kotamobagu District Court related to premeditated murder cases. The theoretical framework includes sentencing theory as the grand theory, legal interpretation theory as the middle theory, and criminal responsibility theory as the applied theory. The findings reveal inconsistencies in how judges assess the element of “planning”, particularly regarding the psychological state of the perpetrator and the existence of a cooling-down period between intention and execution. Based on these findings, a more explicit and standardized formulation of the term “prior planning” is necessary to ensure proportional legal enforcement, legal certainty, and substantive justice in applying Article 340 KUHP.

Drafting contracts is important in the business world because it helps regulate the rights and obligations of each party, providing legal certainty. In this post, we will discuss how drafting a good contract can build trust between cooperating parties. By studying the basic principles and important contents of contracts, as well as effective negotiation communication strategies, I demonstrate that contracts are not only legal documents, but also tools that can prevent problems and strengthen cooperation in the long term. As this discussion illustrates, proper contract drafting can reduce the risk of disputes and foster stronger business relationships. This paper also provides practical advice to help businesses create contracts that are legally valid and support harmonious, sustainable cooperation.

This research is conducted to comprehensively analyze the legal provisions related to the annulment of arbitral awards in Indonesia based on Law Number 30 Year 1999, identify obstacles in practice, and provide recommendations for strengthening the arbitration system as a reliable alternative dispute resolution. This research is a normative legal study that uses an approach through literature review and statutory analysis. The data used includes primary data in the form of legal literature related to the law, as well as secondary data which includes primary, secondary, and tertiary legal materials. Data collection is done through document study method and literature review. The data analysis was conducted using a qualitative descriptive approach to interpret the legal materials collected. The results of this study indicate that the district court has an important role in enforcing the financial principle of arbitral awards, there are limited opportunities for annulment and efforts to balance the protection of justice and legal certainty in resolving arbitration disputes. Meanwhile, the implications are very significant for the parties as well as the effectiveness and reputation of the arbitration system itself.

This study examines the issue of cross-border insolvency in the context of Indonesian bankruptcy law, particularly the limitations of national law in handling cases involving foreign elements such as assets or creditors outside Indonesia. Although Law Number 37 of 2004 contains universal principles, its implementation is hindered by Indonesia's adherence to the principle of territoriality and the absence of international agreements on mutual recognition and enforcement of foreign bankruptcy decisions. This normative legal research employs statutory and conceptual approaches to analyze the legal framework and principles relevant to cross-border insolvency. The findings show that Indonesian bankruptcy rulings currently have limited extraterritorial effect and cannot be directly enforced abroad without proper international legal instruments. To overcome these limitations, the adoption of the UNCITRAL Model Law on Cross-Border Insolvency is deemed necessary, along with efforts to establish bilateral or multilateral agreements. Such steps are expected to enhance legal certainty, protect creditors’ rights, and improve Indonesia’s insolvency regime in the context of global commerce.