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Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

This study examines the Hybrid Model of Restorative Justice from a comparative perspective between Civil Law and Common Law systems as a reflection of the transformation of criminal law policy. The Civil Law system, rooted in legal positivism, emphasizes formal legal certainty through codification, whereas the Common Law system allows broader judicial discretion and judge-made law. These differing paradigms significantly influence the development and implementation of restorative justice. Indonesia, as a Civil Law country, has demonstrated a shift toward a hybrid legal policy by incorporating Common Law values into its criminal justice reforms, particularly through the National Criminal Code. This research employs a normative juridical method using conceptual, statutory, and comparative law approaches. The findings indicate that the Hybrid Model of Restorative Justice represents a strategic legal policy choice aimed at harmonizing legal certainty and substantive justice in accordance with the Pancasila legal ideals.

In social practice, land sale and purchase transactions are still frequently conducted through private agreements, mainly driven by mutual trust between the parties, cost considerations, and the perception that such procedures are simpler and faster. From the perspective of civil law, such sale and purchase agreements remain valid and legally binding as long as they fulfill the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code. However, within the national land law system, land sale and purchase agreements executed under private deeds cannot serve as a legal basis for the transfer of land rights because they are not made before a Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) as required by statutory regulations. This divergence in legal regulation gives rise to legal uncertainty, particularly for buyers acting in good faith. On the one hand, the agreement creates rights and obligations under civil law; on the other hand, it fails to provide legal certainty over land rights due to its inability to be registered. This condition reflects a tension between the civil law regime and the land law regime, while also indicating the weak legal protection afforded to good-faith buyers. These issues constitute the basis and urgency of this research.

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

This study examines the urgency of regulating the nominal limit of restitution in criminal case resolution through a restorative justice approach from the perspective of legal certainty. Restorative justice in Indonesia is governed by PERKAP No. 8 of 2021, PERJA No. 15 of 2020, and PERMA No. 1 of 2024. However, none of these regulations explicitly stipulate the nominal limit of compensation payable to victims. The absence of such a provision potentially leads to legal uncertainty and unfair practices, particularly in cases where resolution depends on the offender's ability to pay restitution. This research adopts a normative juridical method using statutory and conceptual approaches. The study aims to analyze the necessity of regulating nominal limits and how such limits should be determined under the prevailing legal framework. The findings reveal that the lack of clear restitution limits hampers the effective implementation of restorative justice, undermines fairness, and fails to adequately protect victims' rights. Legal regulation of compensation limits is necessary to ensure legal certainty, prevent abuse of power, and uphold justice in the victim recovery process. The study recommends that the state promptly establish clear restitution limits through revision of existing regulations or formulation of new ones, taking into account the principles of justice, the offender’s financial capacity, and the proportionality of the victim's losses.

The rapid development of digital technology has significantly transformed financial transaction systems, including the use of securities. Conventional securities, which traditionally function as instruments of payment, evidence, and transfer of rights, face various challenges such as document forgery, loss, and administrative inefficiency. These conditions have encouraged the digitalization of securities, requiring adjustments within the Indonesian legal framework. This study aims to analyze the transformation of securities from conventional forms to digital formats within the perspective of Indonesian law and to assess the adequacy of existing regulations in addressing such developments. The research employs a normative juridical approach by examining primary legal materials in the form of statutory regulations and secondary legal materials consisting of legal literature and previous studies. The findings indicate that although electronic documents have been legally recognized as valid evidence, there is no specific and comprehensive regulation governing digital securities. Consequently, legal uncertainty remains regarding the transfer of rights, evidentiary strength, and legal protection for holders of digital securities. This study is expected to contribute conceptually to the development of adaptive legal regulations that ensure legal certainty and protection in the context of modern digital transactions.

The practice of adulterating RON 92 (Pertamax) fuel has the potential to violate consumer rights and is contrary to applicable laws and regulations. The practice of mixing lower-quality fuel and then marketing it as RON 92 results in material and immaterial losses for users, including reduced vehicle performance and a loss of trust in business operators. This research aims to analyze the legal protections available to consumers regarding the practice of adulterating fuel based on Law Number 8 of 1999 concerning Consumer Protection and related provisions in Law Number 22 of 2001 concerning Oil and Gas. The research method used is normative legal research with a library research approach, through analysis of relevant laws and regulations, scientific literature, and secondary legal sources. The results indicate that the practice of adulterating fuel violates consumers' rights to comfort, security, safety, and accurate information as stipulated in Article 4 of the Consumer Protection Law, and violates the obligations of business actors as stipulated in Articles 7 and 8 of the Consumer Protection Law. Business actors can be held accountable for civil damages, dispute resolution through the Consumer Dispute Resolution Agency (BPSK), or subject to administrative and criminal sanctions in accordance with the Oil and Gas Law. Therefore, legal protection for consumers in cases of fuel adulteration requires an interconnectedness between effective government oversight, firm law enforcement, business actor accountability, and increased consumer legal awareness to ensure legal certainty and fairness in trade activities.

The development of modern armed conflicts shows the increasing involvement of civilians in hostilities, which has given rise to the phenomenon of civilian combatants and created ambiguity in the classification of subjects in International Humanitarian Law. This study aims to analyze the legal status of civilians involved in armed conflicts and the limits of legal protection inherent to them. The research method used is normative juridical with a legislative and conceptual approach, through an analysis of international legal instruments and relevant doctrines. The results show that civilian combatants are not explicitly recognized in international humanitarian law, thus creating uncertainty in determining their legal status. Furthermore, protection for civilians is conditional and can be temporarily lost when individuals engage in direct participation in hostilities, with limits determined by the principles of distinction and proportionality. These findings confirm that the limits of legal protection are dynamic and depend on individual actions in conflict. The implications of this study indicate the need for strengthened legal interpretation and more consistent implementation to ensure legal certainty and protection for civilians in modern armed conflicts.

Narcotics abuse is no longer considered a victimless crime, but rather an offense that claims numerous victims and inflicts a prolonged catastrophe upon humanity. Furthermore, an emerging challenge is narcotics cases committed by recidivists, namely individuals who re-offend after having been previously convicted and sentenced. Recidivist status raises juridical issues, as it constitutes grounds for the aggravation of criminal penalties. The objective is to ensure that the imposition of criminal sentences effectively provides a deterrent effect and precludes the offender from repeating the same criminal offense. The existence of narcotics abuser recidivists also creates a distinct dilemma for Law Enforcement Officials. Judges are mandated to impose fair and proportionate sentences in accordance with statutory regulations. The recidivist status of a narcotics abuser frequently serves as a justification for Law Enforcement Officials to bypass the integrated assessment required for rehabilitation. This research utilizes a normative legal research method, employing statutory and conceptual approaches. The legal materials used consist of primary legal materials, taking the form of statutory regulations and court decisions, as well as secondary legal materials, comprising legal books and journals, which are analyzed using a descriptive-analytical method. The research findings indicate that recidivists may obtain rehabilitation even in the absence of an assessment. This research concludes that the objectives of sentencing, in addition to providing a deterrent effect, aim to cure or at least restore the offender's condition through rehabilitation; however, guidelines or jurisprudence are required to ensure legal certainty and consistency of application in the future.

This study aims to analyze the obstacles to the implementation of civil judgment execution and efforts to resolve them in judicial practice in Indonesia. The research method used is normative juridical legal research with a statutory and conceptual approach. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of the study indicate that the implementation of civil judgment execution still faces various obstacles, which include legal, technical, and non-legal obstacles. Legal obstacles include legal efforts used to delay execution, technical obstacles related to the unclear object of the dispute and limited facilities, while non-legal obstacles include resistance from the losing party and the public. These conditions indicate ineffectiveness in the implementation of civil procedural law, resulting in the failure to achieve legal certainty, justice, and benefit. Efforts to resolve obstacles are carried out through improving regulations, increasing the professionalism of judicial officials, utilizing technology, and a non-litigation approach. Thus, legal reform and strengthening of judicial institutions are needed so that the implementation of civil judgment execution can run more effectively and provide optimal legal protection.

This study examines the absence of clear time limits in civil procedural law and its impact on the effectiveness of the principle of simple, fast, and low-cost justice in Indonesia. Normatively, this principle serves as a fundamental guideline in ensuring efficient and accessible dispute resolution. However, in practice, civil proceedings often take a prolonged and complex course, leading to increased costs and legal uncertainty. This research aims to analyze whether the principle has real normative force and how the lack of time constraints in each stage of civil litigation contributes to procedural delays. The study employs a normative legal research method using statutory and conceptual approaches, supported by secondary legal materials. The findings indicate that the absence of strict and binding time limits allows procedural flexibility to be misused, resulting in repeated delays, inefficiency, and case accumulation. Consequently, the principle of simple, fast, and low-cost justice tends to remain declarative rather than operational. The study concludes that the effectiveness of this principle is significantly weakened by the lack of time regulation and suggests the need for reform through time-bound case management, stricter procedural control, and the integration of digital judicial systems to enhance efficiency and legal certainty.

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

This study examines the regulation of abuse of circumstances in sales agreements through a comparative study between Indonesian and Dutch civil law. Abuse of circumstances is a legal doctrine that protects the weaker party in contracts where there is an imbalance of power and pressure, resulting in a lack of free will from one party. The research aims to understand the concept and analyze the legal consequences in both legal systems. This normative study employs statutory, conceptual, and analytical approaches through literature review and case law analysis. Findings reveal that in Indonesia, abuse of circumstances is not explicitly regulated in the Civil Code and relies on case law and judicial interpretation, whereas in the Netherlands, it is clearly codified in Article 3:44 of the Nieuw Burgerlijk Wetboek (NBW) providing greater legal certainty. The legal consequence in both countries is the annulment of contracts formed under such circumstances and entitlement to compensation for the harmed party. The primary difference lies in codification and consistency of application. This study recommends that Indonesia adopt explicit regulation similar to the Dutch model to enhance legal protection and fairness in sales transactions.

The development of the digital era has significantly transformed government administration, particularly in technology-based public services. This transformation requires strengthening the principles of good governance, which include transparency, accountability, public participation, effectiveness, efficiency, and legal certainty. State Administrative Law plays a strategic role in ensuring that bureaucratic digitalization remains within the correct legal framework and does not deviate from good governance principles. This study employs a normative juridical approach with a literature review method to analyze the role of State Administrative Law in strengthening good governance in the digital era. The findings show that State Administrative Law functions as an instrument of legality, discretionary control, data protection, improved accountability, and enhanced public service efficiency. Thus, State Administrative Law is not only regulatory but also adaptive to technological developments in achieving good governance in the digital era.

Constitutional Court Decision No. 135/PUU-XXII/2024, which separates the schedules for national elections (2029) and regional elections (2031), has the potential to create a legislative vacuum or institutional void in the Regional People’s Representative Councils (DPRD) during the 2029–2031 transition period. This is because the terms of office for DPRD members elected in the 2024 elections end in 2029, while the next elections will not be held until 2031, and there are currently no transitional provisions governing the mechanism for filling these vacancies. This study aims to analyze the legal implications of the decision regarding the potential for a DPRD vacancy and to evaluate the limits of the Constitutional Court’s authority in determining the design of synchronized elections. Using a normative legal research method with legislative, conceptual, and case-based approaches, this study identified three alternative mechanisms for filling DPRD vacancies: by-elections, term extensions, or amending the law with transitional provisions. The term extension option is deemed the most proportionate as it prioritizes legal certainty and legitimacy. This ruling has also sparked debate as it is viewed as exceeding the Constitutional Court’s authority as a negative legislator and entering the realm of open legal policy, although substantively it opens space for strengthening local democracy. The government and the House of Representatives are recommended to immediately revise the Election Law and the Regional Government Law by adding transitional provisions that explicitly regulate the mechanism for filling vacancies in the Regional People’s Representative Council (DPRD) during the 2029–2031 transition period in a careful and participatory manner.

The absence of specific regulations governing the mechanism and legal consequences of revoking special power of attorney during ongoing civil court proceedings creates a legal vacuum that generates uncertainty for all parties involved. This study aims to analyze the legal consequences of unilateral revocation of special power of attorney on the continuity of civil proceedings and the legal standing of attorneys thereafter. Using a normative juridical approach through statutory and conceptual methods, data were collected through library research and analyzed qualitatively using a prescriptive method. The results show that unilateral revocation during ongoing proceedings creates a formal defect that risks rendering the lawsuit inadmissible before the merits are examined, obstructing the principles of simple, fast, and low-cost justice as mandated by Law Number 48 of 2009. Furthermore, the attorney loses formal legitimacy to represent the principal from the moment revocation is notified, though all prior legal actions remain binding upon the principal as the material party, and such revocation without valid legal basis constitutes a breach of contract obligating the principal to pay compensation under Article 1809 of the Civil Code. This study concludes that regulatory reform is urgently needed to fill the existing legal vacuum and ensure legal certainty in civil court proceedings in Indonesia.

This research is motivated by the escalating prevalence of illegal online lending practices in Indonesia, which generate a multitude of legal problems, particularly those concerning the validity of loan agreements and debt collection practices. The simplicity of access through smartphone applications, rapid processing times often approved within minutes and minimal administrative requirements have rendered these services immensely popular among the public. However, this accessibility also paves the way for unlicensed providers to operate unchecked, preying on desperate borrowers. The study aims to analyze the legal validity of illegal online loan agreements pursuant to the Indonesian Civil Code (KUHPerdata) and regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan, OJK). Additionally, it examines the legal position of debt collection from a civil law perspective. A normative juridical method is employed, utilizing statutory and conceptual approaches, with qualitative analysis of the data. The results demonstrate that illegal online loan agreements fail to fulfill the requirements for a valid contract, especially regarding the legal capacity of the parties and lawful cause, categorizing them as null and void by operation of law. Nevertheless, in practice, unlicensed providers continue debt collection efforts, frequently employing methods that violate the law, such as harassment and intimidation. This reveals a significant gap between legal norms and field implementation. The implications emphasize the critical need for robust law enforcement, enhanced consumer protection mechanisms, and stricter oversight of fintech lenders to establish legal certainty and justice for society.

The advancement of financial technology has resulted in the creation of electronic wallets that serve not only as payment instruments but also as platforms for electronic transactions and digital loan services. This situation engenders a conflict between the implementation and the prevailing regulation, specifically Bank Indonesia Regulation Number 18/40/PBI/2016 regarding Payment Transaction Processing, which raises concerns about legal certainty and user protection, particularly in relation to the delineation of supervisory authority between Bank Indonesia and the Financial Services Authority. This research aims to elucidate the regulation of electronic wallets in terms of legal clarity, legal protection, and oversight by the Financial Services Authority and Bank Indonesia concerning the adoption of electronic wallets. This study employs a normative legal methodology. Data is derived from secondary sources, encompassing primary, secondary, and tertiary legal literature. This study employs both a legislative and a conceptual methodology. The research findings suggest that the regulation of electronic wallets, as per Bank Indonesia Regulation, has not entirely met user requirements. Bank Indonesia Regulation Number 18/40/PBI/2016, on the Implementation of Payment Transaction Processing, does not explicitly address legal certainty and legal protection for users who deposit funds or utilise digital loan services on electronic wallets. This situation establishes a disparity between regulatory implementation and governing rules, which may result in insufficient oversight of electronic wallet operations and a discord of authority between Bank Indonesia and the Financial Services Authority regarding the supervision of financial transactions in Indonesia.

This study aims to analyze the influence of digital marketing through Instagram on purchasing decisions at UMKM Jamu Bu Bekti in Karawang Regency. The research uses a quantitative approach, with data collected through questionnaires distributed to consumers who have seen or purchased the products. The data analysis technique applied is regression analysis to examine the relationship between marketing content and promotional variables on consumer purchasing decisions.The results show that marketing content shared on Instagram does not have a significant effect on purchasing decisions. However, the content is considered quite attractive, informative, and helpful in providing product information to consumers. On the other hand, promotion has a positive and significant impact on increasing consumer interest and encouraging purchasing decisions. This indicates that consumers are more responsive to promotional strategies such as discounts, bonuses, or special offers rather than relying solely on content quality.These findings suggest that promotional strategies play a crucial role in digital marketing, especially for small and medium enterprises (SMEs). Therefore, business owners are advised to focus more on creating attractive, creative, and targeted promotional activities on social media to boost sales. This study is expected to contribute to the development of more effective, efficient, and sustainable digital marketing strategies for SMEs in the future.

Land acquisition for public purposes is intended to ensure land availability for development while safeguarding the rights of affected parties through fair and equitable compensation as regulated under Law Number 2 of 2012 and its implementing regulations. However, disputes over land ownership often prevent direct payment of compensation, thereby necessitating the use of a consignment mechanism through the court. This study examines the implementation of consignment for disputed land and analyzes the legal standing and fulfillment of rights of both the prevailing and losing parties in the land acquisition process for the development and revitalization of Balohan Port, Sabang. The research addresses the problem of how compensation is secured and distributed when ownership remains contested, and whether the mechanism ensures legal certainty and justice for all parties involved. Employing an empirical legal method with a qualitative approach, data were collected through interviews and document analysis. The findings reveal that consignment functions as a legal instrument to safeguard and temporarily suspend compensation payment until a final judicial determination is reached. Supreme Court Decision Number 1675 K/Pdt/2021 affirms that the prevailing party is entitled to full land compensation as recognition of proprietary rights, while building compensation may be relinquished through a peace agreement and social compensation partially allocated. Conversely, the losing party forfeits land rights but retains full building compensation and partial social compensation based on the settlement deed. The study concludes that dispute resolution in land acquisition extends beyond final court judgments and requires non-litigation mechanisms to ensure proportional distribution of rights, thereby reinforcing legal certainty, preventing further disputes, and ensuring equitable protection in public interest development.