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The purpose of this study is to understand the form of intellectual property regulation that is the object of debt collateral in bank financial institutions and the form of execution of intellectual property that is the object of debt collateral in bank financial institutions in the event of default according to Government Regulation Number 24 of 2022. This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include primary legal materials in the form of legislation covering intellectual property and collateral, secondary legal materials in the form of interviews with Rikson Sitorus as Chair of the Legal Analyst Working Group for Copyright and Industrial Design, DJKI, Ministry of Law and Human Rights and Muhammad Fauzy as Coordinator of Intellectual Property Facilitation II, Ministry of Tourism and Creative Economy/Baparekraf, scientific papers and related documents. The validity of legal materials is carried out by harmonizing legal materials in order to find the suitability of legal materials with the issues being answered. Based on the research results, it was found that: (1) Intellectual Property as an object that has a movable and intangible nature, the same as other property rights, can be transferred and assigned to other parties, such as being used as a credit guarantee object by the owner of the intellectual property. PP 24 of 2022 opens up opportunities for all types of IP to be used as bank collateral. (2) Execution of IP as Collateral can be carried out by; if the collateral is bound by fiduciary, it can be executed following the provisions contained in the Collateral Law, if using a contract in creative economic activities, the settlement process is carried out based on the provisions of the existing contract, if using the right to collect in creative economic activities, the right to collect can be executed by demanding payment through a legal process in accordance with the existing agreement.

This study aims to examine the aspect of justice in the administration and settlement of bankrupt assets by the Curator, particularly concerning the repayment of receivables to creditors in the context of auction minutes issued by the KPKNL Samarinda. The research adopts a normative juridical method, legislation approach and conceptual approach, and is connected to a case study approach focusing on the auction process in the bankruptcy case of PT Karebet Mas Indonesia (in bankruptcy). The results of this study indicate that the Curator, in administering and settling unsold bankrupt assets, may proceed with a private sale (underhand sale) with the approval of the supervising judge, based on a limit value obtained from an independent appraiser’s valuation, provided that at least two public auctions have been conducted without success. The distribution of assets to creditors must observe the principle of pari passu pro rata, which ensures equal treatment according to their respective priorities.In the event that the settlement process of the bankrupt estate has been declared completed, yet the creditors have not received full repayment of their claims, the general provisions under Article 1131 of the Indonesian Civil Code shall apply, namely that all of the debtor’s assets constitute collateral for the fulfillment of their debts. This study recommends an amendment to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, to regulate in a detailed, specific, and comprehensive manner the requirements for the underhand sale of bankrupt assets by the Curator. Such regulation is necessary to ensure justice and legal certainty for bankrupt debtors and creditors, particularly regarding the repayment of claims for concurrent creditors.

This study examines the legal uncertainty regarding the status of adopted children as heirs within Indonesia’s pluralistic national inheritance legal system. The Civil Inheritance Law (KUH Perdata), Islamic Inheritance Law (KHI), and Customary Inheritance Law each regulate adopted children differently and incompletely, thereby creating a legal vacuum. that harms adopted children socially and emotionally. This study aims to analyze the weaknesses of these three legal systems and formulate a reconstruction of the status of adopted children based on substantive justice. Using a normative approach and the theories of legal reconstruction, substantive justice, and legal certainty, this study finds that reconstruction can be achieved through strengthening the mandatory will (wasiat wajibah), revising Article 209 of the KHI, and codifying and unifying national inheritance law through an Omnibus Law model. The parameters of justice used include the best interests of the child, public welfare, and non-discrimination. In conclusion, the reconstruction of the status of adopted children as heirs is urgently needed to fill the gaps in national inheritance law in a just manner.

This study examines the application of the retroactive principle in the issuance of State Administrative Decisions (KTUN) by regional administrative officials amid digitalization in public services. The research aims to examine the legal basis of retroactive application within administrative law and to identify appropriate mechanisms to ensure its benefit for public administration and society. Using a normative juridical method with statutory and conceptual approaches, the research is supported by literature studies on legal documents and regulations. The findings indicate that, under Indonesian administrative law, the retroactive application of KTUN is legally permissible if it meets specific conditions outlined in the Law on Government Administration—primarily to prevent greater harm and/or to protect citizens’ rights. Retroactive KTUN may address discrepancies between the timing of decision issuance and actual administrative activities, especially in a digital governance environment. The study concludes that to ensure legal certainty and accountability, such application must be based on formal mechanisms, including the development of standard operating procedures (SOPs) and the issuance of regional head regulations as normative foundations. These measures are essential to institutionalize retroactive KTUN and ensure its use aligns with principles of legal certainty, public benefit, and good governance in regional government administration.

The making of authentic deeds by a notary is part of the legal service that has the highest evidentiary value in the Indonesian civil law system. One of the formal requirements of an authentic deed according to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN) is the presence of two witnesses who know and directly witness the process of signing the deed. In notarial practice, notary staff are often appointed as witnesses for reasons of administrative convenience, trust, and availability of time. This study aims to examine the legal position and role of notary staff as witnesses in authentic deeds and the form of legal protection available if the deed is legally disputed. The research method used is normative legal with a statutory and conceptual approach, supported by literature studies and analysis of related court decisions. The results of the study indicate that notary staff are legally valid as witnesses as long as they meet the requirements as competent witnesses according to law. However, if a dispute arises over the deed, the staff can be asked for information as a witness in court and has the potential to face legal pressure. Therefore, legal protection for notary staff includes the principle of good faith, legal protection for witnesses, the right to legal assistance, and the ethical responsibility of notaries as employers. In conclusion, there needs to be more explicit regulations regarding the role of staff in deeds and clear protection mechanisms to maintain professionalism, integrity, and legal certainty in notarial practice.

This article discusses the application of qawāʿid al-fiqhiyyah (Islamic legal maxims) in the field of fiqh qaḍāʾ, focusing on judicial and procedural aspects within the Islamic legal system. The study explains the definition, scope, and significance of qawāʿid al-fiqhiyyah as general principles that serve as the foundation for decision-making in the resolution of disputes in Islamic courts. It highlights six main elements in Islamic judiciary: the judge (qadhi), the law, mahkum bihi, mahkum ‘alaihi, mahkum lahu, and legal sources, and examines several key maxims, such as the necessity to accept a judge’s ruling in cases of ijtihad, the status of a judge’s order in the use of property, the role of evidence and oaths in judicial proceedings, and the distinction between confession and evidence in legal proof. Through an analysis of these maxims, the article emphasizes that the application of qawāʿid al-fiqhiyyah is crucial for ensuring justice, legal certainty, and public benefit in Islamic judicial practice. These findings are expected to serve as a reference for the development of Islamic procedural law that is adaptive and responsive to the needs of modern society.

The growth of fashion UMKM in Indonesia through digital marketplace platforms has made a major contribution to the national economy, especially in job creation and developing creative product exports. However, this development also presents new challenges in the field of taxation, especially after the enactment of Law No. 7 of 2021 concerning the Harmonization of Tax Regulations (UU HPP). This study aims to analyze the principle of tax fairness for fashion UMKM operating through marketplaces, reviewed from a normative legal approach. The appointment of the market as a VAT collector and the continued implementation of Final Income Tax raises the potential for a double burden and inconsistency with the principles of vertical and horizontal justice in taxation. The results of the study show that the regulations in the Law on HPP do not fully reflect justice, legal certainty, and legal benefits, and risk pushing UMKM towards informality. Therefore, it is necessary to adjust technical policies that are more proportional to the capacity of UMKM actors, in order to realize an inclusive and equitable taxation system.

This article aims to know and analyze efforts to reconstruct the principle of legal certainty which is the object of the case in the Ethics Court of the Ethics Council of the Election Organizer in Indonesia. This research uses normative legal research methods or doctrinal legal research. This article shows that there is legal uncertainty in the regulation of the Ethics Council of Election Organizers. Therefore, this article provides recommendations for specific arrangements regarding legal certainty that become material elements of the case that can be submitted to the Honorary Council of Election Organizers.

The principle of legality is a legal principle that states that every act may only be subject to sanctions if it has been stipulated in the legislation before the criminal act is committed. The research aims to analyze the necessity of a law before a criminal event occurs; analyze the assessment of an act that is not analogous; analyze the need for the principle of legality to protect individuals from arbitrary actions by judicial officers. The research method is the normative legal method, by adopting conventions, legislation, law books, journals, articles, the internet. Furthermore, comprehensively reviewing the literature so that maximum results are obtained. The results of the research, law enforcement that is fair, pure and consistent is still difficult to achieve considering that many officers still do not fully understand the meaning of the principle of legality so that they often make mistakes in considering imposing criminal sanctions, and often their decisions exceed their authority. Human rights are inherent rights in individuals, so individuals should get their rights. Protection of individual rights is mandated in the 1945 Constitution Article 28G paragraph (1) Article 28H paragraph (1). Legal certainty is a vital element in building an honest and fair legal strategy. It is expected that when laws are created, they should be in accordance with a systematic, democratic mechanism based on empirical observation results, so that errors in the application of the law can be minimized. Thus, all people get legal certainty where their rights are protected and maintained, on the other hand, each individual is aware not to do prohibited acts because every action has logical and firm consequences.  

Law enforcement in civil cases that have obtained permanent legal force (inkracht van gewijsde) often faces various complex challenges. For example, in land ownership cases that may be suspected of being linked to corruption crimes. Therefore, law enforcement officials must ensure that there is strong and sufficient evidence to process criminal elements without undermining the legal certainty of civil cases that have been decided. Good coordination between civil and criminal judicial institutions is also essential to ensure that justice can be comprehensively upheld. This research is qualitative in nature regarding concepts, relevant laws, and legal facts related to the issues being studied. The data obtained is subsequently analyzed using descriptive analysis, which is an analysis conducted by elaborating the obtained data. The research results show that: (1) The procedure executed by law enforcement officials aligns with the legal authority granted to them. However, the process may result in losses for parties legally proven not to have committed unlawful acts, as evidenced by the final and binding legal decision, with the case dependent on further evidentiary proceedings; (2) Obstacles in law enforcement processes stem from three primary factors: the law itself, law enforcement officials, and society, wherein socio-political interventions can provoke public opinion and conflicts between law enforcement and the community.

The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

Customary land is an integral part of the identity and survival of customary law communities, including in the Kampar region, Riau Province. However, along with increasing investment and development, there have been various forms of takeover of customary land rights that have triggered disputes between customary communities and third parties, such as private companies and the government. This study aims to analyze the mechanism for resolving disputes over the takeover of customary land rights in the Kampar region using customary law and national law approaches. The method used is a combination of normative and empirical juridical, data obtained through legal document studies, interviews with authorized local customary leaders. The results of the study show that customary communities in Kampar still rely on customary resolution mechanisms. Meanwhile, in resolving litigation, they often experience administrative and economic obstacles, while non-litigation channels such as multistakeholder mediation and administrative recognition by the local government are more effective if supported by policies that support them. In conclusion, synergy between customary law and national law is absolutely necessary to create fair protection for the rights of indigenous peoples, and it is hoped that there will be strengthening of customary institutions, acceleration of recognition of customary areas through regional regulations, and preparation of integrated mechanisms for resolving disputes based on local culture and national legal certainty.

This study discusses the accountability of perpetrators of online gambling crimes in Indonesia from the perspective of applicable positive law. Online gambling is a form of cybercrime that has developed along with advances in information and communication technology, and has various negative impacts on society, including economic losses, moral damage, and increasing crime rates. The main focus of this study is to examine how legal regulations in Indonesia, especially in the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and other related regulations, regulate and ensnare online gambling perpetrators, both as the main perpetrators, platform providers, and service users. This study uses a normative juridical method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of relevant court decisions. The results of the study show that although Indonesian positive law has regulated the prohibition of gambling, there are still gaps in norms and challenges in implementation, especially related to evidence, jurisdiction of cross-border perpetrators, and adaptation of law enforcement officers to digital modus operandi. The conclusion of this study emphasizes the need for synchronization of regulations and increased law enforcement capacity, including the formation of more comprehensive special regulations regarding online gambling crimes. This is important so that the criminal responsibility of the perpetrator can be enforced effectively within the framework of justice and legal certainty.

Dormant status on a bank account is a condition in which an account is declared inactive because there have been no transactions for a certain period of time, so that it is automatically frozen by the bank. In Indonesian banking practices, changes in account status to dormant are often carried out based on the bank's internal policy without any clear notification to customers. This raises legal issues, especially related to the protection of customer rights to their funds, transparency of information, and access to financial services. The purpose of this study is to examine the extent to which the State provides legal protection that will be received by customers against the policy of automatically changing account status to dormant, as well as to evaluate the regulations in the Indonesian banking legal system. This study uses a normative legal approach, namely an approach that is based on literature studies by examining positive law, legal doctrine, and relevant literature. The approaches used include the statute approach and the conceptual approach. The results of the study indicate that legal protection for customers with dormant account status is still weak because there are no specific regulations that explicitly regulate this matter. The applicable legal regulations are still inclusive or general and do not sufficiently guarantee legal certainty and justice for customers. Therefore, special regulations are needed from the Financial Services Authority (OJK) and Bank Indonesia that establish transparent mechanisms, easy procedures, and balanced protection of customer rights. It is hoped that strengthening these regulations can increase public trust in the banking system and guarantee justice and legal certainty.

The digital transformation in Indonesia's land sector is marked by the implementation of electronic land certificates as regulated under Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 1 of 2021. This policy aims to enhance efficiency and legal certainty in land administration. However, its implementation raises questions regarding the legal strength of electronic certificates and the protection of third parties, particularly good faith purchasers. This study uses a normative juridical approach to analyze the legal standing of electronic land certificates and the legal protection mechanisms for third parties in land transactions. The findings show that although electronic certificates hold the same legal force as physical certificates, there are still challenges related to data integration and legal safeguards for third parties. Strengthening regulations and the role of notaries/land deed officials (PPAT) is necessary to ensure the validity and legitimacy of electronic certificates and to achieve optimal legal certainty.

The purpose of this study is to examine the principle of good faith , which is a fundamental aspect of corporate governance, which ensures fair treatment for all shareholders, including minority shareholders. This study examines the application of good faith in the third General Meeting of Shareholders (GMS) in relation to the protection of minority shareholders, focusing on Decision Number 389/PDT.P/2019/PN.CKR. This study aims to analyze the court's reasons behind the issuance of the Niet Ontvankelijke Verklaard decision at the third GMS and to evaluate the legal protection mechanisms available to minority shareholders. This study uses a normative juridical approach, by analyzing legal norms and judicial precedents related to corporate governance and shareholder rights. The research findings reveal that minority shareholders often face legal uncertainty and procedural disadvantages in GMS decisions, especially when the principle of good faith is not upheld. The court's rejection of the third GMS application highlights the need for a more comprehensive legal framework to protect the interests of minority shareholders and ensure a fair corporate decision-making process. This study contributes to the corporate governance discourse by emphasizing the importance of procedural fairness and legal certainty in shareholder meetings

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.

Creditors are parties who have receivables based on agreements or legal provisions that can be collected through legal channels. In the practice of lending, collateral is very important to provide legal certainty and a sense of security for both parties, both creditors and debtors. This study discusses two main problem formulations, namely the position of the guarantee of dependents against creditors when the debtor defaults, and the form of legal protection for creditors if the right of dependency cannot be executed. The method used is normative juridical research that examines the applicable positive legal provisions. The results of the study show that if the debtor defaults, the creditor has the right to execute the collateral object through sale to cover his receivables. However, under certain conditions the right of dependency cannot be executed, so a legal mechanism is needed that provides protection to creditors. This protection is regulated in Law Number 4 of 1996 concerning Dependent Rights, especially in the articles that regulate the definition of dependent rights, the execution process, and the principle of droit de suite which guarantees the rights of creditors to the collateral object even if they change hands. Thus, the legal system of dependent rights is an important instrument in ensuring certainty and legal protection for creditors.

The use of social media as a means of the press has various legal implications amidst the rapid development of information technology. Social media makes it easy to disseminate information quickly and widely, but on the other hand, the absence of clear regulations in categorizing it as part of the formal press raises legal problems, especially related to responsibility for content, protection of individual rights, and freedom of expression. This study aims to examine the position of social media in the legal framework of the press in Indonesia, and to analyze its legal consequences for users who act as conveyors of public information. Using the normative juridical method, it was found that social media has not received explicit recognition as a press entity in the Press Law, thus creating legal loopholes in terms of accountability and legal protection. Regulatory updates are needed to ensure legal certainty and maintain a balance between freedom of expression and legal responsibility in the digital era.

The cases of child sexual exploitation continue to rise in Indonesia. However, the legal system has yet to provide legal certainty for children as victims. This study aims to examine the positive legal framework regarding the protection of child victims of sexual exploitation, assess its implementation in providing legal certainty, and offer an ideal concept of legal protection for the future. The method used is normative juridical with statutory, case, and conceptual approaches. The results show that although legal instruments such as the Child Protection Law, the Sexual Violence Crime Law, and regulations related to restitution are in place, their implementation remains ineffective. Restitution rights are often not pursued due to victims’ lack of awareness and weaknesses in the legal system. This study recommends that restitution be granted automatically and that the role of law enforcement be strengthened to ensure the protection of children's rights.