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Fitri, Dini Amalia; Mundakir, Akhmad

DINAMIKA HUKUM 2025 Universitas Stikubank

Indonesia is an archipelagic country rich in ethnic, cultural, religious, and belief diversity. The Indonesian Constitution guarantees freedom of religion and belief, yet adherents of traditional beliefs often face discrimination, particularly in marriage registration. This study aims to evaluate and reconstruct the marriage registration system for adherents of traditional beliefs based on Pancasila's social justice principles. The study employs various theories, including the theory of equal freedom of belief, affirmative action, the legal duty to collect what is scattered, and the principle of iustitia socialis. The findings indicate that the integration of marriage registration institutions, simplification of the registration process, training for registration officers, revision of inclusive regulations, and increased public awareness are crucial to overcoming discrimination and ensuring social justice. The implementation of this reconstruction is expected to provide legal certainty and protection of the rights of traditional belief adherents, reflect Pancasila values, and create a more just and inclusive society.

Rahman, Muhammad Faiz; Husna, Aqila; Mihrab, Nurrahmah Stephanie; Oktaviana, Malkah Melia; Dariyah H, Salsabila Poetri

DINAMIKA HUKUM 2025 Universitas Stikubank

Abstract Indonesia is a country based on law and not based on mere power. A rule of law has a commitment to uphold every human right (HAM) and guarantees that every citizen has equal status before the law. Law has the aim of achieving peace, justice and benefits for society, in order to achieve order and tranquility in order to realize the supremacy of law. To realize legal supremacy, law enforcers are needed. This research uses a type of normative legal research, which is carried out by looking at secondary data or library sources which include primary and secondary legal documents. Criminal justice mechanisms in Indonesia still involve neglect of the Procedural Code. Criminal Procedure Code (KUHAP), especially in article 56. This is caused by law enforcers who think that the state is only obliged to offer and provide legal advice to accompany the defendant. If sanctions are not regulated for refusing to provide legal advice to the defendant, this will result in losses for the defendant in the investigation process starting from the police level to the judicial process, in which case it can be said that there is a legal vacuum. Keywords: Article 56 KUHAP, Legal Certainty, Legal Justice

Prabowo, Rhesa Yusuf; Wiryadi, Uyan; Bhakti, Teguh Satya

DINAMIKA HUKUM 2025 Universitas Stikubank

Supreme Court Decision Number 23 P/HUM/2024 which annuls PKPU No. 9 of 2020. Supreme Court Decision Number 23 P/HUM/2024 relates to changes in the minimum age requirements for regional head candidates. In the decision, the Supreme Court granted the lawsuit filed by the General Chairperson of the Garuda Party, Ahmad Ridha Sabana, who challenged Article 4 paragraph (1) letter d of PKPU No. 9 of 2020 concerning the Nomination of the Election of Governor, Deputy Governor, Regent, Deputy Regent, Mayor, and Deputy Mayor. The problem is, what are the legal consequences of the Supreme Court Decision Number 23 P/HUM/2024 which annuls PKPU No. 9 of 2020 concerning the fourth amendment to PKPU Number 3 of 2017 concerning the Nomination of the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor? How are the Aspects of Benefit and Legal Certainty in the Supreme Court Decision Number 23 P/HUM/2024 regarding the Age Limit for Regional Head Candidates? Normative legal research method. In conclusion, the legal consequences of the Supreme Court Decision Number 23 P/HUM/2024 which revoked PKPU No. 9 of 2020 concerning the Fourth Amendment to PKPU Number 3 of 2017 concerning the Nomination of the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor. This decision has various legal implications that not only change the regulatory framework for regional elections, but also raise two (2) problems from the decision, namely: (a) Impact on the hierarchy of laws and regulations; (b) Impact on the nomination process. The Aspects of Benefit and Legal Certainty in the Supreme Court Decision Number 23 P/HUM/2024 regarding the Age Limit for Regional Head Candidates reflect efforts to realize a balance between the aspects of benefit and legal certainty in the general election system in Indonesia. Overall, from the aspect of utility, this decision does not provide a substantive solution to the community's need for clear and inclusive regulations, especially regarding the participation of the younger generation. From the aspect of legal certainty, this decision actually creates a vacuum of norms, opens up opportunities for new disputes, and creates instability in the implementation of regional elections. Thus, although this decision is legally valid, its impact shows weaknesses in creating utility and legal certainty.

Ajeng Hijriatul Aulia; Risna Wendy Wiraganti; Aldo Yanuarto; Aji Santoso; Ali Murtadho Emzaed

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the legal implications of the luxury goods Value Added Tax (VAT) increase policy in Indonesia, which will take effect in January 2025. This policy is based on Law Number 7 of 2021 on the Harmonization of Tax Regulations and its derivative regulations, with the objective of increasing state revenue and reducing the consumption of luxury goods, which is often associated with economic inequality. This research employs a normative method with a literature study approach, analyzing tax regulations, academic journals, and relevant literature. The findings indicate that while this policy may enhance tax revenue and reduce economic disparity, its implementation faces challenges related to legal certainty, tax compliance, and its impact on consumer purchasing power and investment in the luxury goods sector. Additionally, the potential rise in tax disputes due to differing interpretations of luxury goods classification is a major concern. Therefore, clear regulations, a more transparent tax administration mechanism, and economic impact mitigation strategies are necessary to ensure the effectiveness and fairness of this policy implementation.This study aims to analyze the legal implications of the luxury goods Value Added Tax (VAT) increase policy in Indonesia, which will take effect in January 2025. This policy is based on Law Number 7 of 2021 on the Harmonization of Tax Regulations and its derivative regulations, with the objective of increasing state revenue and reducing the consumption of luxury goods, which is often associated with economic inequality. This research employs a normative method with a literature study approach, analyzing tax regulations, academic journals, and relevant literature. The findings indicate that while this policy may enhance tax revenue and reduce economic disparity, its implementation faces challenges related to legal certainty, tax compliance, and its impact on consumer purchasing power and investment in the luxury goods sector. Additionally, the potential rise in tax disputes due to differing interpretations of luxury goods classification is a major concern. Therefore, clear regulations, a more transparent tax administration mechanism, and economic impact mitigation strategies are necessary to ensure the effectiveness and fairness of this policy implementation.

Irwan Triadi; Evi Fitriani

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Tax Court has a crucial role in resolving tax disputes and optimizing state revenues. This study aims to analyze the effectiveness of the Tax Court in providing legal certainty for taxpayers and identifying obstacles that hinder its role in the Indonesian taxation system. The method used is a normative legal approach with an analysis of laws and regulations, court decisions, and related empirical data. The results of the study indicate that the dualism of guidance between the Supreme Court and the Ministry of Finance creates the potential for a conflict of interest that can affect the independence of judges in deciding tax disputes. In addition, limited access to the Tax Court, which is only located in Jakarta, causes obstacles for taxpayers in the regions to obtain justice quickly and efficiently. The policy of administrative sanctions in the form of a 100% fine for taxpayers whose appeals are rejected is also considered disproportionate and contrary to the principle of tax justice. To improve the effectiveness of the Tax Court, institutional reform is needed by unifying guidance under the Supreme Court, establishing Tax Court branches in various regions, and revising regulations related to tax sanctions in order to improve taxpayer compliance and trust in the national taxation system.

Laili Putri Rahayu; Moh. Saleh; Rusdianto Sesung

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The aim of this study is to analyze the legal consequences of company bankruptcy for individuals and the legal certainty of company bankruptcy for individuals. The method used in this study is normative juridical with a statutory approach and a conceptual approach. This study uses primary, secondary and tertiary legal materials. Data collection uses document study or literature study techniques. The data that has been obtained is analyzed qualitatively using deductive and inductive methods or interpretation is carried out. The results of the study show that individual companies that have been declared bankrupt through a court decision can immediately give rise to legal consequences, namely that the debtor loses the right to carry out management and control over the assets owned and everything produced during bankruptcy, and the rights and obligations of the bankrupt debtor are transferred to the curator. to manage and control the debt as regulated in Article 19 to Article 62 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The concept of bankruptcy law certainty in bankruptcy law can be demonstrated in the principle of quick case resolution and simple proof.

Hurotun Afifah; Ayang Fristia Maulana

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

Agraria law is the law that regulates relations between people and land and other people. Sudikno Mertokusumo explained that the law, also known as land law, is the interest of people in other people regarding land. According to Subekti, agrarian law is the totality of legal provisions, whether civil, state administration or state administration law, which also regulates authorities that originate from certain relationships. For information, the basis of agrarian law is regulated in Law Number 5 of 1960 concerning basic regulations on agrarian principles or UUPA. In this agrarian law regulation, there are at least seven principles1. These are: the principle of control by the state, the principle of social function, the principle of customary law, the principle of nationality or nationhood, the principle of limiting land ownership for the sake of the public interest, the principle of general planning and the principle of land preservation. From various literature it is known that the history of the birth of the UUPA tells the long history of the struggle of national figures in reducing the impartiality of land law for the benefit of society at large. In the era of reform, the logical consequences between political existence and interests and legal certainty, especially regarding land issues, have become a trending topic that is interesting to discuss. The complexity of land issues in this country is increasingly increasing and complicated, and is exacerbated by friction between interests that are politically charged. Legal politics consists of a series of words politics and law. (Suderto, et., al 1983) explains that politics is used in various meanings, namely: 2 1. The word polik in Dutch, which means something related to the State 2. Means discussing state issues or those related to the State Furthermore, Sudarto emphasized that the meaning of politics is policy which is a synonym for policy. In this sense, the words economic politics, crime, legal politics and criminal law politics are found. The relationship between politics and law, according to (Mahfud et., al 1998) explains that law is a political product. Law is seen as an independent variable (variable influence) and politics as an independent variable (variable influence). With this assumption, Mahfud formulated the law as: 3 Legal policies that will be or have been implemented nationally by the government also include an understanding of how politics influences the law by looking at the configuration of forces behind the creation and enforcement of the law. Here the law is not only seen as articles that are imperative or mandatory, but must be seen as a sum system which in reality is not impossible, in fact it is not impossible which is very much determined by politics, both in the formulation of material and articles and in implementing them.

Marcela Marcela; Iskara Desra; Muhammad Sawega Alfadri; Sintong Arion Hutapea

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of digital technology has encouraged the emergence of crypto assets as a new investment instrument in Indonesia. Along with the increasing popularity of digital assets, the government responded by imposing tax policies in the form of Value Added Tax (VAT) and Income Tax (PPh) on every crypto transaction. This study aims to analyze the suitability of the tax imposition with the basic principles of tax law, as well as to examine its impact on the growth of the digital asset industry in Indonesia. The method used in this research is a literature study with a descriptive qualitative approach sourced from regulations, scientific journals, official reports, and international comparative studies. The results of the study show that the imposition of VAT on crypto transactions is not fully in line with the principles of fairness, legal certainty, and efficiency in taxation. In addition, the disproportionately high tax burden has a negative impact on investor interest, encourages offshore transactions, and slows down innovation in the domestic blockchain industry. Therefore, policy reformulation is needed, such as the application of capital gains tax and the provision of fiscal incentives, so that tax regulations can support the sustainable growth of the national digital economy.

Amiradiaty Nasution; Andri Noel Hasian Manurung; Benedicta Kesya Anindia

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In banking practice, cooperation agreements between banks and developers for providing Kredit Pemilikan Rumah (“KPR”) facilities often incorporate the buy back guarantee scheme as a form of security against the risk of debtor default. This scheme obligates the developer to repurchase the property as collateral in case of a loan default. The buy back guarantee scheme in KPR is essential for banks as a risk mitigation mechanism to ensure the recovery of disbursed funds, reduce the potential for non-performing loans, and provide legal certainty and protection against losses caused by debtor default. Therefore, it is necessary to analyze the legal protection available to banks bound by cooperation agreements for the provision of KPR facilities under the buy back guarantee scheme, taking into account the legal position of the banks and developers, as well as examining legal certainty and dispute resolution mechanisms applicable in cases of loan default.

Hans Blix Baarixur Rahman; Lego Karjoko; Fatma Ulfatun Najicha

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Vastenburg Fort is a cultural heritage area that has been designated by the Department of Culture and Tourism in 2010. In line with this designation, the City Government changed the spatial plan of Surakarta City by revising the Regional Regulation related to the regional spatial plan. In addition, the land status in the Vastenburg Fort area is divided into building use rights granted to the private sector. Even so, the City Government managed to obtain the former HGB land No. 383 which was designated as a Public Service Mall. The change in designation as a Public Service Mall is considered to reflect the need to adjust to the spatial plan in Surakarta City. However, the purpose of spatial planning in the Vastenburg Fort area should be designated for the preservation of cultural heritage. The purpose of this study is to find legal certainty arising from the conversion of former HGB land into a Public Service Mall by the Solo City Government. This study uses an empirical legal studies. The results of this study indicate that the conversion of former HGB land No. 383 in the Vastenburg Fort area by the Surakarta City Government is in accordance with the legislation. As for the City Government, the land is designated for the Public Service Mall in accordance with the spatial plan in Surakarta City in the Surakarta City RTRW Regional Regulation for the preservation of cultural heritage. However, the Surakarta City Government has not yet maximized the acquisition of HGB in the Vastenburg Fort area so that the use of land in the area is more optimal so that it benefits the entire community.

Aria Wirajuna; Elisatris Gultom; Sudaryat Sudaryat

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the legal consequences of non-registration or late registration of receivables owned by creditors in the bankruptcy process. Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU) stipulates that in bankruptcy proceedings, the fulfillment of rights over the bankrupt estate can only be obtained if the creditor registers their receivables for verification. However, there are no specific provisions that explicitly regulate the legal consequences of receivables that are not registered at all or those registered late and thus cannot be verified. This legal uncertainty creates problems in practice, particularly regarding legal protection for creditors and legal certainty in the resolution of bankruptcy cases. Using a normative juridical approach and analyzing relevant legislation and court decisions, this research finds that creditors who fail to register their receivables or register them late lose their rights to receive payments from the bankrupt estate. In other words, receivables that are not verified—either due to non-registration or late registration—are not recognized in the bankruptcy process. This conclusion highlights the importance of creditors understanding the procedures for registering receivables in bankruptcy in order to protect their rights. The study also recommends that existing legal regulations provide clearer guidance regarding the consequences of delayed or unregistered receivables to ensure legal certainty and fair protection for all parties involved in bankruptcy proceedings.

Fitria Wahyu Ningrum

Nikah siri is a marriage conducted without official state registration, resulting in significant legal implications for women and children. Religiously, this type of marriage is considered valid; however, from the perspective of state law, the lack of official registration causes women to lose their rights as wives, such as financial support, inheritance rights, and legal protection within the household. Additionally, women in nikah siri marriages do not have a strong legal basis to file for divorce or claim their rights in court. Meanwhile, children born from nikah siri marriages only have a civil relationship with their mother, making it difficult for them to obtain a birth certificate that includes their father's name, inheritances, and rights to care and education from their father. This study aims to analyze the impact of nikah siri on women's and children's rights from a legal perspective and examine the role of itsbat nikah as a legal instrument in providing certainty and protection for affected women and children. This research employs a literature study method with content analysis of various legal texts and related regulations. The findings indicate that the absence of official registration for nikah siri leads to legal uncertainty, resulting in the loss of various rights for women and children. Itsbat nikah serves as a crucial solution to provide legal recognition and protection for those affected. Therefore, official marriage registration is essential to prevent various legal issues that could harm women and children within Indonesia’s legal system.

Nurnaningsih Nurnaningsih; I Made Pria Dharsana

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Delegating power in land transactions plays a crucial role in ensuring legal certainty and protection in Indonesia. This study examines the legal implications of granting power of attorney in land sales, focusing on the prohibition of absolute power as regulated under the Instruction of the Minister of Home Affairs No. 14 of 1982 and Government Regulation No. 24 of 1997. The research identifies issues arising from the misuse of power of attorney, which is often used to disguise unlawful land ownership transfers. Using a normative legal research method, this study analyzes legislative provisions, judicial interpretations, and case law to evaluate the legality of power of attorney in land transactions. The findings reveal that despite legal prohibitions, loopholes allow misuse, creating risks of legal uncertainty. The study concludes that stricter enforcement and regulatory refinements are needed to prevent such misuse and enhance legal protection for all parties involved.

Seldi Munandar; Weny Almoravid Dungga; Zamroni Abdussamad

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the optimization of the issuance of electronic land certificates in Gorontalo City and find out the efforts of the government (BPN) Gorontalo City in optimizing the issuance of electronic land certificates. This type of research is empirical legal research. This method involves a juridical sociological approach, namely an approach that starts from existing legal rules or norms and then harmonizes with the reality that exists in society. The results of this study indicate that the issuance of electronic land certificates (E-Certificate) in Gorontalo city is considered not optimal. Researchers found that there are 3 out of 4 indicators that have not been maximized in its implementation, namely the readiness of land office infrastructure, policy implementation, and public understanding. Furthermore, the efforts that have been made by BPN Gorontalo City in optimizing the issuance of electronic land certificates are conducting Socialization and Education to the Public, Improving Information Technology Infrastructure, Cooperation with Stakeholders, Increasing Human Resources Capacity and Resolving Obstacles and Constraints.

Adi Gandi Mahmud A1

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

The purpose of this study was to determine the role of YLPK-RI in resolving unlawful acts as a consumer representative at the Gorontalo District Court. The legal basis for YLPK-RI in suing is the Consumer Protection Law No. 8 of 1999. The type of research method used by the researcher in this article is normative juridical by using data collection techniques in this study, namely through library research. The results obtained in this study are in the judge's decision, YLPK-RI is a legitimate and legally recognized institution to represent, defend and seek legal certainty for consumers who do not understand the law in accordance with written regulations. The presence of YLPK-RI certainly helps consumers in fighting against business actors who act arbitrarily towards consumers. However, the lawsuit filed by YLPK-RI was considered inadequate by the panel of judges due to the shortcomings of the parties, therefore the lawsuit from YLPK-RI was rejected by the panel of judges.  

Rizaldy N. Mokoagow; Nur M. Kasim; Mohammad Rivaldi Moha; Zambroni Abdussamad; Abdul Hamid Tome

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Early marriage is a crucial issue in Indonesia, including in Tombolikat Village, which is often not registered at the Office of Religious Affairs (KUA). This study aims to identify the process of early marriage in Tombolikat Village and analyze the legal implications of unregistered early marriages. The research method used is empirical legal research with a qualitative approach. The results showed that early marriage in Tombolikat Village is still prevalent due to social, economic and cultural factors. Marriage that is not registered with the KUA results in no legal protection for the parties involved, especially women and children. The legal implications include difficulties in managing children's birth certificates, inheritance rights, and the potential for domestic violence without adequate access to legal protection. More intensive outreach and collaboration between village governments, religious leaders, and the community are needed to reduce the rate of early marriage and ensure that every marriage is officially recorded for legal certainty and protection of citizens' rights.

Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of digitalization has brought significant changes in various aspects of life, including employment relations. One of the innovations that has emerged is the use of digital employment contracts as a replacement for paper-based contracts. Digital employment contracts offer flexibility and efficiency in modern employment relations. However, in Indonesia, legal regulations related to digital employment contracts still face major challenges, considering the absence of regulations that specifically accommodate this mechanism. Article 52 of Law No. 13 of 2003 concerning Manpower only regulates the requirements for the validity of an employment contract without mentioning the use of electronic documents, while Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE) has recognized the validity of electronic documents. This study aims to analyze the regulation of digital employment contracts in Indonesia, compare them with regulations in other countries, and provide policy recommendations to ensure legal protection for workers in the digitalization era. The method used is a normative legal approach with comparative legal analysis of countries such as the European Union and the United States. The results of the study show that although digital employment contracts are legally valid in Indonesia, there are still legal gaps related to the protection of workers' rights, supervision of implementation, and protection of personal data. Therefore, it is necessary to update regulations that are adaptive to technological developments, including the integration of the principles of justice, legal certainty, and protection of workers' rights in digital employment contracts.

Ery Kurnia; Albar Aliyyus

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia's indigenous peoples has strong cultural values and has been passed down from generation to generation. However, in practice, there are several forms of customary marriage that have the potential to contradict the applicable positive law, especially related to coercive actions in marriage. This study aims to identify and analyze the implementation of marriage culture in the form of forced marriage/captive marriage which is contrary to Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) that occurs in Sumba, East Nusa Tenggara. This study uses a descriptive qualitative method with a normative juridical approach, this study explores the content of the articles of the Marriage Law, the Criminal Code, and the TPKS Law. In the Indonesian legal system, marriage must meet the elements in the laws and regulations. However, in practice, the traditional marriage culture in Sumba has the potential to lead to forced marriage carried out by men where women are in a vulnerable position. Article 4 paragraph (1) of the TPKS Law clearly states that forced marriage is a form of sexual violence, which can be subject to criminal sanctions in accordance with Article 10 of the TPKS Law. Based on the results of the research, the cultural implications or impacts of forced marriage are the lack of justice, usefulness and legal certainty, so concrete steps are needed in the form of firmer law enforcement and the need for collaborative support from law enforcement officials and legal education for indigenous peoples so that these practices can be minimized and women's rights in marriage can be optimally protected.

Nabila Oktasya Cahya Putri; Suraji Suraji

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the implementation of the principle of good faith in endorsement agreements between online shops and influencers. This principle requires each party to act honestly, transparently, and fulfill their obligations in accordance with the agreement. However, in practice, endorsement agreements often face obstacles, especially in meeting the agreed promotion schedule. This research uses an empirical legal method with a descriptive qualitative approach. Data were obtained from interviews with online shop owners, literature studies, and document analysis of endorsement agreements. The results showed that the implementation of the principle of good faith was not optimal, especially at the post-contract stage. Influencers postponed uploads several times without clear certainty, causing uncertainty for online shops in their marketing strategies. The absence of a penalty mechanism in the agreement left online shops without legal protection against such delays. This research emphasizes the importance of drafting more detailed agreements and ensuring transparent communication between the parties to ensure that the endorsement agreement runs in accordance with the principle of good faith. It is hoped that the results of this study can provide insights for online shops and influencers in designing endorsement agreements that are clearer and beneficial for both parties.

Shannia Angelia Rahardjo; Muhamad Farudin

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Infrastructure development has become a national priority to drive economic growth, with the KPBU (Public-Private Partnership) scheme as a solution to budget limitations. The transformation of PJPK (Project Implementing Agency) law in the latest regulations, including the authority of the Rector of State Universities with Legal Entity (PTN BH) and restrictions on the Board of Directors of Regional-Owned Enterprises (BUMD), demonstrates the policy dynamics that influence the effectiveness of infrastructure management based on KPBU in Indonesia. This research uses a normative juridical method with legislative and conceptual approaches to analyze regulations and legal theories related to the role of PJPK in KPBU. This approach aims to provide a strong argumentative foundation and a comprehensive analysis of the legal aspects in the implementation of infrastructure based on KPBU. This article emphasizes that the regulatory reform of the PJPK role in KPBU aims to enhance efficiency, accountability, and legal certainty. With the latest regulations, the role of PJPK becomes clearer, accelerating sustainable infrastructure projects and creating a more conducive investment environment for the private sector.