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This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

International trade disputes are one of the main challenges in global economic relations. The role of the World Trade Organization (WTO) as a multilateral institution is crucial in providing a fair and efficient dispute settlement mechanism. This article discusses the process of resolving international trade disputes through the WTO, as well as its role and contribution in maintaining stability and fairness in global trade. With a structured dispute settlement mechanism in place, the WTO acts as a guardian of the rules in international trade, preventing larger conflicts and ensuring legal certainty for world trade actors.

Law serves as the fundamental framework for regulating social behavior and achieving national objectives of justice, order, and welfare. This article aims to comprehensively explore the functions and objectives of law within the context of Introduction to Law. Employing a normative juridical method, it examines primary and secondary legal materials, including statutes, judicial decisions, and scholarly literature. Findings indicate that the functions of law encompass social control, social engineering, and dispute resolution, while its objectives include upholding justice, protecting rights, and ensuring legal certainty. The implications underscore the necessity for law students and practitioners to grasp foundational legal concepts for effective application of norms, thereby supporting social stability and national development.

This study examines the transfer of trademark rights as a means of debt settlement in corporate bankruptcy proceedings, using the bankruptcy case of PT Nyonya Meneer as a case study. The main issue addressed is how trademarks, as intangible intellectual property with high economic value, can be used as debt settlement assets during bankruptcy. This research employs a normative legal method with statutory and conceptual approaches, supported by a review of relevant court decisions. The analysis focuses on the relationship between the provisions of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations and Law No. 20 of 2016 on Trademarks. Trademarks may be transferred or sold to fulfill the debtor's obligations. Theoretical foundations include the Creditors’ Bargain Theory (Thomas H. Jackson) and the principle of wealth maximization (Richard A. Posner), emphasizing collective settlement and asset value optimization. The findings reveal that trademark transfer in bankruptcy is not explicitly regulated, creating a legal gap that affects the effectiveness of debt settlement and the protection of creditors’ rights. In the PT Nyonya Meneer case, the trademark despite its potential as a debt settlement instrument was not utilized optimally. Therefore, direct transfer of trademarks to creditors as a form of debt payment can be seen as an alternative solution, provided it is conducted under the principles of justice, legal certainty, and efficiency. This study recommends further regulation on the management and transfer of intellectual property within the bankruptcy regime to address the challenges of modern business practices.

Village development is the main focus of Indonesia's national policy, especially after the enactment of Law Number 6 of 2014 concerning Villages. In its implementation, the role of the Ministry of Villages (Kemendesa) and the Ministry of Home Affairs (Kemendagri) is very important, however, disharmony of authority often occurs which hampers the effectiveness of these policies. This research aims to analyze the disharmonization of authority between the two ministries and formulate a harmonization solution from a legal perspective to increase more efficient and sustainable village development. The method used is a normative approach with comparative juridical analysis of existing regulations, which include related laws and policies. The research results show that there are overlapping regulations and roles between the Ministry of Villages and the Ministry of Home Affairs in aspects of preparing the RPJMDes, managing village funds, as well as coaching and supervising village heads. This research suggests the need for clear legal reconstruction and better coordinating mechanisms between the two ministries to avoid conflicts of authority that could hinder the achievement of village development goals. In conclusion, harmonization of authority normatively, institutionally and technically is very necessary to increase the effectiveness of village development and provide better legal certainty.

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

The National Strategic Projects (PSN) launched by the Indonesian government aim to accelerate development and drive national economic growth. However, in practice, many of these projects overlap with customary territories that lack formal legal certainty. This legal uncertainty gives rise to various problems, such as agrarian conflicts, criminalization of indigenous peoples, and the loss of living space and cultural identity of local communities. This study aims to analyze the forms of legal uncertainty experienced by indigenous peoples in the implementation of PSN and its impact on the protection of their collective rights. Additionally, this study explores the relevance of the principle of legal pluralism as a normative foundation for reforming national development policies to be more inclusive and ensure legal certainty for indigenous peoples. The approach used is normative qualitative with a literature study of regulations, court decisions, and reports from civil society organizations. The results of the analysis show that the legal imbalance between state law and customary law is the root cause of the marginalization of indigenous peoples in large-scale national development projects. The principle of legal pluralism, which recognizes the existence of customary law as a legitimate legal system, can be an alternative approach in formulating future development policies. The application of legal pluralism enables the state to build a development model based on social justice, participation, and respect for legal and cultural diversity. Thus, policy reform based on legal pluralism is an urgent necessity in addressing the challenges of structural justice for indigenous communities amid the tide of national development.

The Indonesian criminal justice system upholds the principle of legal certainty to ensure the protection of the rights of all parties involved in legal proceedings. One of the recurring issues is the ambiguity regarding the timeframe for Investigators to submit case files to Public Prosecutors, particularly in minor offense cases. Article 110 of the Indonesian Criminal Procedure Code (KUHAP) merely states the word "immediately" without specifying a definite time limit, creating opportunities for delays without firm legal consequences. This research employs a normative juridical method with a conceptual and evaluative approach to analyze statutory provisions and their practical application in Indonesia. The findings reveal that although ethical and disciplinary sanctions are regulated within internal police regulations, there is no explicit legal norm governing sanctions for Investigators who fail to promptly submit case files. Consequently, it is necessary to revise Article 110 of KUHAP by establishing a clear and binding timeframe, while strengthening both internal and external supervisory mechanisms to uphold legal certainty and enhance the effectiveness of the criminal justice system. Furthermore, public participation through digital media can serve as a form of social control over the negligence of law enforcement officers in Indonesia.

Article 19 paragraph (1) of Law No. 5 of 1960 concerning Basic Agrarian Law (UUPA) explains that to ensure legal certainty, the Government conducts land registration throughout the territory of the Republic of Indonesia according to the provisions stipulated in Government Regulation No. 24 of 1997 concerning Land Registration. However, based on data showing that in Muara Dua Sub-district, Lhokseumawe City, there are still 40% of land plots that have not been certified. The problems in this study are how the legal awareness of the community on land registration in Muara Dua District, Lhokseumawe City, how the role of keuchik as a committee in land registration in Muara Dua District, and how the government's efforts to increase public legal awareness in registering land. This research uses empirical legal methods with a field research approach and case studies. The results showed that public legal awareness in land registration in Muara Dua Kota village was quite high. Keuchik has an important role in increasing public awareness of registering land. Efforts that have been made by the government to increase public awareness in land registration are the Ministry of ATR / BPN conducting System Branding through advertisements, such as advertisements aired on TV.

In the development of information and technology, there are motion marks circulating in Indonesia in the trade of goods or services. In fact, the moving brand has not received legal protection because moving brands are not regulated as one of the signs regulated in Law Number 20 Year 2016 on Trademarks and Geographical Indications (Trademark Act) so that there is a legal vacuum and a motion marks can not be applied for registration which results in the absence of legal certainty for the community, but other Southeast Asian countries such as Singapore have protected motion marks. It is important to be considered by Indonesia, given the existence of free trade in the Southeast Asian region, namely the ASEAN Free Trade Area (AFTA). This research uses normative juridical research method that analyses the legislation with literature study using comparative and conceptual approaches and analysed with descriptive analytical legal materials. The results of this study found that the regulation of the registration of motion marks in Indonesia is not regulated in the Trademark Act and the trademark registration application does not accommodate the registration of motion marks so that the registration of moving trademarks can not be filed in Indonesia and motion marks also do not get legal protection in Indonesia which results in legal uncertainty. If the motion marks in Indonesia get a legal protection and can be applied for registration, then the Trademark Act should be made changes related to the concept of the definition of trademark, the scope of the protected trademark, and trademark labels in the application for registration of trademarks so that the public get legal certainty related to the registration of motion marks.

The current Indonesian legal system recognizes two paths of judicial review, although this division of authority is constitutionally legal, but in practice it raises serious problems. One of them is the inconsistency of decisions between judicial institutions. For example, there is a Supreme Court decision that cancels Regional Regulations that have previously been studied by the Constitutional Court, causing confusion in the application of the law. This not only weakens the principle of legal certainty, but also raises problems in the effectiveness of the judicial system. This study aims to identify the concept of restructuring the ideal regulatory testing mechanism according to the principle of the state of law and the theory of norm hierarchy and analyze the need for restructuring the regulatory testing mechanism in Indonesia from the perspective of legal certainty, justice, and law enforcement effectiveness. The research method used in this study is normative juridical and uses a legislative approach. The results of the study show.  

This study aims to analyze the policy of digitizing public services at the sub-district level in the perspective of state administrative law. Digital transformation in the public bureaucracy in the modern era is an important step in creating effective, efficient, and accountable services. However, the implementation of digitalization is often not accompanied by an adequate legal framework, resulting in the potential for administrative irregularities and violations of the principles of good governance. Using a normative research approach, this study examines the compatibility of digitization policies with the principles of state administrative law, such as the principles of legality, legal certainty, proportionality, professionalism, openness, and accountability. The results of this study show that the digitization of public services at the sub-district level requires strengthening technical regulations, increasing the capacity of the apparatus, and integrating digital service systems and standards based on legal principles. This research not only focuses on technological innovation, but is also supported by a strong legal foundation to ensure the protection of public rights and the legitimacy of public services.

The rejection of isbat nikah applications in religious court practice, particularly in the context of polygamy, is a complex issue with far-reaching implications for the legal status of marriage, the rights of wives and children, and legal certainty. This study aims to analyze the legal considerations of the panel of judges in rejecting the application for isbat nikah polygamy at the Kwandang Religious Court and to examine the legal consequences arising from the rejection. This research uses an empirical juridical method with a case approach, which is analyzed based on primary data in the form of court decisions and interviews with judges and related parties, and secondary data in the form of legal literature, legislation, and relevant legal journals. The results show that the rejection of polygamous marriage isbat nikah applications is generally caused by the non-fulfillment of substantive requirements as stipulated in Pasal 4 and 5 of Undang-Undang Nomor 1 Tahun 1974 concerning Marriage jo. Compilation of Islamic Law (KHI), such as the absence of permission from the first wife or the lack of proof of the reasons that allow polygamy. The legal consequences of this rejection include the formal non-recognition of the legal status of the second marriage, which has an impact on the non-fulfillment of the civil rights of the second wife and the children born, such as inheritance rights and citizenship status. This study recommends the need to strengthen legal education to the community as well as harmonization between state law and religious law to ensure the legal protection of women and children in the context of polygamy.

This study examines the legal conflict between workers' wage claims and state tax obligations in bankruptcy proceedings under Indonesian law, focusing on the constitutional imperative to prioritize workers' rights. The Introduction contextualizes the tension between Article 95(4) of the Labor Law, which mandates wage prioritization, and tax legislation granting precedence to state claims, highlighting the landmark Constitutional Court Decision No. 67/PUU-XI/2013 that affirmed workers' constitutional rights to timely wages. Employing a Method of normative legal research, the analysis integrates statutory and case approaches, reviewing laws on bankruptcy (UU No. 37/2004), labor rights, and taxation, alongside judicial decisions and international frameworks like ILO Conventions No. 100 and 111. Results reveal that while the Constitutional Court’s decision established workers’ absolute priority over tax claims, regulatory disharmony persists due to conflicting provisions in the Tax Law (UU KUP) and the 2020 Job Creation Law (UU Cipta Kerja), which ambiguously subordinates tax claims only to secured creditors. Discussion underscores the necessity for legal synchronization to align labor and tax regulations, ensuring compliance with Gustav Radbruch’s principles of legal certainty and Hans Kelsen’s normative hierarchy. The study advocates legislative reforms to codify workers’ priority in bankruptcy, drawing parallels with Malaysia’s Employment Act 1955 and France’s AGS system, which institutionalize wage protection. By addressing regulatory contradictions, Indonesia can harmonize constitutional mandates with fiscal policies, balancing social justice and economic stability.

This research examines the legal responsibility of corporate guarantors declared bankrupt for their obligations to creditors in loan agreements, analyzing Court Decision No. 318/Pdt.Sus-PKPU/2022/PN Commercial Court Jakarta Central. The study addresses the legal complexities arising when a corporate guarantee becomes insolvent before the principal debtor defaults, creating jurisdictional conflicts between bankruptcy law and guarantee obligations. Using normative legal research methodology with a juridical normative approach, this study analyzes the application of Article 229(2) in conjunction with Article 278(6) of Law No. 37/2004 on Bankruptcy and Suspension of Debt Payment Obligations (K-PKPU) and Article 1381 of the Civil Code. The research reveals that the curator's action in obstructing and rejecting PT KawanCicil Teknologi Utama's claim registration against the bankrupt guarantor without proper judicial determination constitutes conduct not based on applicable laws and regulations. The findings demonstrate that when a guarantor is declared bankrupt and the debtor is in default, the Supervisory Judge and Curator must accept PT KawanCicil Teknologi Utama as a creditor with rights to the debtor's assets during asset liquidation proceedings. The study concludes that bankruptcy declaration of a guarantor does not automatically terminate guarantee obligations under Article 1381 of the Civil Code, as bankruptcy is not enumerated among the causes of contract termination. This research contributes to legal certainty in corporate guarantee enforcement within Indonesia's bankruptcy framework and provides recommendations for legislative harmonization between conflicting provisions in bankruptcy law.

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 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.

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 purpose of this study is to find out about someone who has a mental disorder periodically committing an unlawful act, can be given legal responsibility for his actions, and the basis for the judge's considerations in sentencing the perpetrator of the crime of murder who has a mental disorder periodically. The type of research is normative legal research. The research data collection technique uses literature studies. The data will then be analyzed using qualitative analysis. The results of the study show that based on the theory of criminal responsibility, a person with a mental disorder cannot be punished because he is considered not to have the awareness and ability to be responsible or his actions, but there is a submission in the case of periodic mental disorders experienced by the defendant in the sentence, the legal status of the perpetrator does not immediately get a full element of forgiveness, in the audit the judge considered it worthy of being held criminally responsible because his actions had fulfilled the elements of criminal responsibility. The judge's decision ignored the conditions of the conversation with a history of periodic mental disorders showing weaknesses in aspects, legal certainty, benefits and protection of human rights, in contrast to the principles of legalization and violation of national law and imprisoning people who have a history or even are mentally ill does not provide benefits to the person himself.