Publication Search

The purpose of this writing is to analyze Article 14 of Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption has a delegative character, because its enactment depends on the provisions of other laws that expressly declare a violation as a criminal act of corruption. The construction of these norms in practice gives rise to ambivalence in law enforcement, especially when various acts that are detrimental to state finances occur in strategic sectors that are not explicitly qualified as corruption crimes in sectoral laws. This condition has the potential to create a legal vacuum and hinder the effectiveness of eradicating corruption as an extraordinary crime. This study aims to analyze the practice of implementing Article 14 of the Law on the Eradication of Corruption and examine these provisions from the perspective of legal certainty, justice, and criminal law policy. The research method used is normative legal research with a legislative approach and a case approach. Research data was obtained through literature studies on primary, secondary, and tertiary legal materials that were analyzed qualitatively. The results of the study show that the delegative and limiting nature of Article 14 has implications for the low predictability of the law and opens up ambivalence between norms and law enforcement practices. In reality, law enforcement officials often apply the Corruption Crime Law to acts that are normatively outside the scope of Article 14, taking into account the existence of state financial losses and the interests of substantive justice. Therefore, Article 14 needs to be interpreted systemically and progressively and supported by the reformulation of norms and harmonization of laws and regulations to be in line with the dynamics and complexity of modern corruption crimes.

The rapid development of information and communication technology has led to the emergence of various forms of digital-based crimes, including the dissemination of electronic information containing online gambling content through social media. This situation poses challenges for criminal law enforcement, as the parties involved are not limited to gambling operators but also include individuals who promote and facilitate access to online gambling platforms. This study aims to examine criminal liability for perpetrators who disseminate electronic information containing gambling content and to analyze judicial considerations in sentencing, referring to the Decision of the Tanjung Karang District Court Number 823/Pid.Sus/2024/PN Tjk. The method used is normative juridical research with statutory, conceptual, and case approaches. Data were collected through literature studies of relevant regulations, criminal law doctrines, and court decisions, and then analyzed using a descriptive qualitative method. The results show that the elements of criminal liability are fulfilled, including the existence of a criminal act, intent, capacity to be responsible, and the absence of grounds that eliminate criminal liability. Furthermore, the panel of judges’ considerations reflect a balanced assessment between juridical and non-juridical aspects, resulting in a decision that embodies legal certainty, justice, and utility. This study is expected to contribute to the development of criminal law, particularly in addressing online gambling crimes in the digital space.

The revocation of business licenses by the President of the Republic of Indonesia against 28 companies proven to have violated forest utilization regulations signifies a shift in environmental law enforcement from a predominantly punitive criminal approach to preventive administrative measures. This article aims to analyze the legal basis of the President’s authority to revoke business licenses related to natural resource utilization, to position license revocation as an instrument of environmental law enforcement within Indonesia’s legal system, and to assess its implications for environmental protection and legal certainty for business actors. This study employs a normative juridical research method using statutory and conceptual approaches. The findings indicate that Presidential license revocation possesses juridical legitimacy within the framework of the rule of law and environmental and forestry legislation. Nevertheless, the implementation of such a policy requires clear administrative procedural standards to ensure legal certainty and to prevent potential abuse of power. This article concludes that license revocation can function as an effective environmental law enforcement instrument provided that it is accompanied by adequate oversight mechanisms and due process of law.

The synchronization of physical and juridical land data is a fundamental prerequisite for ensuring legal certainty in every land rights transfer process. Discrepancies between physical field conditions and juridical documents frequently trigger land disputes that impede the performance of Notary/PPAT offices. This community service article reports on a Field Practice (PPL) activity conducted at the Office of Notary/PPAT in Jember Regency during January–February 2026. The primary objective was to provide technical assistance in accelerating physical-juridical data synchronization to guarantee the validity of issued deeds. The method employed was participatory observation, in which students were directly engaged in the partner's workflow. Assistance activities covered document inspection, file digitization, coordination with BPN and tax authorities, and factual field verification. Results indicate that PPL student assistance measurably accelerated the office's administrative workflow, enhanced data validation accuracy, and confirmed conformity between the physical condition of rice-field land and the certificate documents.

The reform of Indonesia’s criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a fundamental shift in the national criminal justice system, particularly through the formal recognition of the living law as law that lives within society. This article analyzes the correlation between living law and the principle of legality within the context of national criminal law reform. The study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine how the 2023 Criminal Code seeks to balance legal certainty with substantive justice. The findings indicate that the regulation of the principle of legality in Article 1 of the KUHP remains the primary foundation for ensuring the protection of individual rights and preventing arbitrary state actions. However, the recognition of living law under Article 2 of the KUHP expands the sources of criminal law beyond written statutes to include social values living within the community, insofar as they are consistent with Pancasila, general legal principles, and human rights. The relationship between the principle of legality and living law in the 2023 KUHP is not antagonistic but rather complementary and harmonious. Living law enriches the legality principle substantively through moral and social justice dimensions, while the legality principle serves as a normative safeguard to maintain legal certainty and prevent the abuse of power. Therefore, the integration of both principles reflects a new paradigm of Indonesian criminal law that is pluralistic, just, and civilized, reaffirming the nation’s legal politics grounded in Pancasila values and the principles of a democratic rule of law.

This study aims to analyze the practice of collaborative governance in the innovation of population administration services through the integrated marriage legalization (isbat nikah) program implemented by the Civil Registration and Population Office (Dukcapil) in collaboration with the Religious Court. The program represents a governmental initiative to provide legal certainty for unregistered marriages while improving citizens’ access to legal identity documents. This research employs a qualitative approach with descriptive analysis to examine inter-organizational collaboration in public service delivery. The analytical framework refers to the collaborative governance model developed by Chris Ansell and Alison Gash, focusing on three key dimensions: starting conditions, institutional design, and facilitative leadership. The findings indicate that the initial conditions of collaboration were driven by the high number of unregistered marriages and the institutional limitations of each agency in addressing the issue independently. In terms of institutional design, the collaboration is supported by formal cooperation agreements, clear division of roles, and integrated service mechanisms among participating institutions. Furthermore, facilitative leadership plays a crucial role in fostering coordination, communication, and shared commitment among stakeholders. The study concludes that collaborative governance in the integrated marriage legalization service program enhances the effectiveness of population administration services while providing legal certainty for citizens.

This study examines the implementation of the Complete Systematic Land Registration program in Maron Village, Kediri Regency, using four criteria for resolving land-related conflicts. PTSL is an initiative launched by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) as a manifestation of the government’s commitment to providing legal certainty and protection to the community regarding their land. The objective of this study is to analyze the implementation of the PTSL program in Maron Village, Kediri Regency, based on four dimensions of land accuracy. This study employs a descriptive qualitative method to delve deeper into the implementation of the Complete Systematic Land Registration in Maron Village. Data collection techniques include interviews, observations, and documentation. The results of this study indicate that the implementation of the Complete Systematic Land Registration program in Maron Village faces several challenges. This program was analyzed based on the four dimensions of accuracy proposed by Richard Matland, namely policy accuracy, implementation accuracy, target accuracy, and environmental accuracy. Regarding the target accuracy indicator, the program did not meet its objectives because of the community’s limited knowledge regarding legal data and other constraints, which resulted in some community members not participating in the program.  

The rapid adoption of digital contracts in Indonesia demands a reliable document authentication system, one of which is through electronic stamps (e-meterai). However, the current e-meterai verification system remains centralized and exclusively managed by Perum Peruri, making it vulnerable to single point of failure risks and data manipulation. Blokchain technology, with its characteristics of decentralization, transparency, and data immutability, offers a technical solution that could potentially strengthen the integrity of this verification system. This article aims to examine the legal position of blokchain technology within Indonesia's existing e-meterai regulatory framework and to analyze the urgency of establishing specific regulations governing its use. The research employs a normative juridical method through statutory and conceptual approaches. The findings reveal that blokchain currently occupies a legal grey area: technically compatible with the validity requirements of agreements under Article 1320 of the Civil Code and meeting the criteria for Electronic Information under Article 5 of the ITE Law, yet formally lacking explicit recognition due to its conflict with Perum Peruri's monopolistic authority established under Law Number 10 of 2020 on Stamp Duty. Four normative gaps are identified, encompassing the absence of evidentiary guarantees for blokchain-verified documents, the lack of mandatory standards for Electronic Certification Providers, the ambiguity in civil liability allocation for automated system failures, and the conflict between blokchain's immutability and the right to erasure under the Personal Data Protection Law. Comprehensive specific regulations constitute an urgent normative necessity to ensure legal certainty for Indonesia's digital contract ecosystem.

Based on Law Number 11 of 2006 concerning the Government of Aceh, the Government of Aceh has been granted special authority to manage and regulate various governmental affairs, including land administration. This authority is specifically outlined in Article 16 paragraph (1) letter k, which empowers the Government of Aceh to handle land affairs that span across regencies and municipalities. This power is further reinforced by Presidential Regulation Number 23 of 2015, which transformed the Regional Office of the National Land Agency of Aceh into the Aceh Land Agency, and Qanun Aceh Number 13 of 2019 regarding the Establishment and Organizational Structure of Aceh Regional Apparatus, which laid the foundation for the establishment of the Aceh Land Office. This office is responsible for managing and certifying the Aceh Government’s land assets. This study aims to assess the implementation of the Aceh Land Office’s authority in certifying government land assets, the institutional synergy with the National Land Agency, and the challenges faced in ensuring legal certainty over these assets. The research employs an empirical juridical method with a sociological approach. Data were gathered from interviews with officials from the Aceh Land Office, the Aceh Financial Management Agency, and the National Land Agency, as well as secondary data from legal documents, books, and academic resources. The study found that while the certification process is legally supported, challenges such as incomplete ownership documents and limited resources hinder effective implementation. Measures, such as re-tracing and remapping land assets, are being taken to address these challenges.

This study aims to analyze the regulation and implementation of the authority to test laws and regulations (judicial review) in the Indonesian state system based on the 1945 Constitution of the Republic of Indonesia. This study applies a normative juridical method using three main approaches, namely the statute approach, the conceptual approach, and the historical approach. The legal data collected includes primary, secondary, and tertiary legal materials, which are then reviewed through qualitative analysis. The results of the study show that normatively the division of judicial review authority between the Supreme Court and the Constitutional Court has been expressly regulated in Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The Supreme Court is given the authority to test regulations under the law against the law, and the Constitutional Court is given the authority to test laws against the 1945 Constitution. This division of authority is a manifestation of the principle of separation of powers and the mechanism of checks and balances after the third amendment to the 1945 Constitution. However, in practice, this two-roof judicial review system tends to give rise to conceptual and practical problems, such as overlapping authority and differences in decisions between the Supreme Court and the Constitutional Court which have the potential to create legal uncertainty and reduce public trust in the judicial institution. Therefore, it is necessary to reorganize the authority of judicial review by strengthening coordination between institutions or unifying the authority of judicial review which is centered on one institution only in order to guarantee legal certainty, harmonization of norms, and supremacy of the constitution in the Indonesian state system.  

This study aims to analyze the registration of Deeds of Mortgage (APHT) that exceed the 7 (seven) day time limit in Badung Regency and the legal consequences that arise from this. The research uses empirical legal methods with a legislative, analytical, case, and legal sociology approach. Data was obtained through interviews with PPAT and the Badung Regency Land Office (BPN) as well as a study of secondary legal materials. The results of the study show that delays in APHT registration still occur both through the manual (offline) and electronic (HT-el) systems. The contributing factors include negligence or workload of PPAT, incomplete documents from the parties, administrative obstacles at the Land Office, and technical disruptions to the electronic system. Legally, delays do not invalidate APHT, but they delay the creation of mortgage rights because these rights only have legal force from the date of recording in the Land Registry. As a result, creditors do not obtain preferential rights and full legal protection before registration is carried out. PPATs who are late may be subject to administrative sanctions in accordance with official regulations. Based on the theories of utility, legal protection, and legal certainty, delays in APHT registration reduce the effectiveness of creditor protection and create potential legal uncertainty. Therefore, it is necessary to improve supervision and guidance for PPATs, as well as optimize the HT-el system to ensure legal certainty and protection in the practice of registering Mortgage Rights.

The principle of good faith constitutes a fundamental element within Indonesia’s trademark law system, particularly in processes ranging from trademark registration to the cancellation of registered marks. This study examines the role of the good faith principle as a primary legal foundation for trademark annulment, using the dispute over the Minyak Kutus Kutus trademark as a case study. The conflict emerged when the trademark was registered by an individual who was not the original creator, leading to legal disputes and judicial examination. This research adopts a normative juridical method by analyzing various legal sources, including statutory regulations, court decisions, and relevant legal doctrines. The findings indicate that the principle of good faith is not merely an ethical norm but also functions as an important legal instrument to protect the legitimate rights of original trademark owners from attempts of unlawful control through bad-faith registration. Furthermore, the court’s decision in the Kutus Kutus case demonstrates the crucial role of enforcing the good faith principle in maintaining legal certainty while ensuring protection for fair and honest business actors in Indonesia’s trademark system.

This research aims to analyze the consistency of judges' legal reasoning in deciding land ownership disputes and its implications for the fulfillment of the principle of legal certainty. The primary focus of this study is directed at Decision Number 16/PDT/2020/PT PLG, where differences in legal perception or evidentiary evaluation occurred at the appellate level. Land disputes are a crucial issue that requires legal firmness to avoid uncertainty for justice seekers. The research method used is normative legal research with a case approach and a statutory approach. Data were sourced from secondary data consisting of primary, secondary, and tertiary legal materials, analyzed qualitatively. The results show that the consistency of the judges' reasoning in Decision Number 16/PDT/2020/PT PLG depends heavily on the accuracy of assessing evidence, particularly documentary evidence (certificates) and witness testimony. Inconsistency between factual considerations and the application of legal norms has the potential to undermine the principle of legal certainty. This study concludes that strengthening the standards of legal reasoning based on the principle of ex aequo et bono and adherence to civil procedural law is absolutely necessary so that judicial decisions do not only resolve disputes procedurally but also provide certainty of ownership rights for thelitigating parties.

This study analyzes the juridical issues related to the implementation of criminal sanctions below the statutory minimum, as reflected in Cassation Decision Number 7853/K/Pid.Sus/2024. The focus of this research centers on the tension between the rigid provisions of Article 111 paragraph (1) of Law No. 35 of 2009 concerning narcotics and the reality of judicial practice, which often deviates from these provisions. This phenomenon raises debates regarding the extent to which the principle of legality can be compromised in pursuit of justice without undermining the pillar of legal certainty within Indonesia’s criminal justice system. Using a normative legal research method with a statutory and case study approach, this study qualitatively analyzes judges’ considerations. The findings indicate that, although the policy of imposing sentences below the minimum carries the risk of creating legal uncertainty, the Supreme Court in this case reinterpreted the principle of legality. Judges tend to prioritize proportionality and substantive justice to avoid purely mechanical punishment. The study concludes that, while judicial discretion represents a concrete expression of judicial independence, such practice requires clearer normative parameters. Without explicit regulation, deviations from the statutory minimum risk widening disparities in judicial decisions. Therefore, standardized sentencing guidelines are necessary to preserve legal integrity while maintaining a sense of justice for defendants.

The doctrine of open legal policy is a jurisprudential construction of the Constitutional Court that provides space for lawmakers to formulate norms as long as they do not contradict the 1945 Constitution of the Republic of Indonesia. Nevertheless, the application of this doctrine in the practice of law testing has raised various constitutional problems, particularly concerning the limits of authority between legislators and the Constitutional Court, as well as the protection of citizens' constitutional rights. This research aims to analyze the concept and construction of open legal policy within the Indonesian constitutional system and to formulate the constitutional limits of its application in Constitutional Court decisions. This research is a normative legal study with an approach based on legislation, a conceptual approach, and a case approach. The legal materials used include the 1945 Constitution, relevant legislation, and pertinent Constitutional Court decisions. The research results indicate that open legal policy cannot be interpreted as absolute freedom for lawmakers, but must be limited by the principle of constitutional supremacy, protection of constitutional rights, and the principle of proportionality as reflected in Article 28J paragraph (2) of the 1945 Constitution. The ambiguity of the parameters for applying this doctrine has the potential to cause inconsistencies in rulings and disrupt legal certainty. Therefore, a more precise and consistent formulation of constitutional limits is necessary to maintain the balance between representative democracy and constitutional oversight.

This study aims to analyze the position of statutory regulations as the main limiting framework for administrative discretion in Indonesian administrative law, particularly after the enactment of Law Number 11 of 2020 on Job Creation. The main issue examined is the normative shift caused by the removal of the requirement that discretion must not contradict statutory regulations, which potentially weakens legal certainty and judicial control. This research uses a normative juridical method with a regulatory and conceptualization approach, and is supported by the theory of discretionary justice, balance of legal objectives, and good governance. The findings indicate that the elimination of formal legality requirements transforms discretion from a legally constrained authority into a broader administrative freedom, increasing the risk of abuse of power and weakening the objective standards of judicial review in administrative courts. The study concludes that such a shift undermines the core principles of the rule of law and necessitates constitutional review to restore legal certainty, accountability, and effective judicial oversight.

The issuance of billboard installation permits is part of local government authority in regulating public space, maintaining public order, and ensuring legal certainty. This study examines the implementation of billboard permit administration under Serang City Regional Regulation Number 3 of 2021. It applies an empirical juridical method with a qualitative approach. Data were collected through interviews with relevant local officials and a review of applicable laws and supporting legal materials. The findings indicate that the permit process involves several agencies: the Investment and One-Stop Integrated Service Office as the licensing authority, the Public Works and Spatial Planning Office for technical recommendations, the Regional Revenue Agency for tax collection, and the Municipal Police for supervision and enforcement. Although the regulatory framework is comprehensive, challenges remain, including inter-agency coordination, tax compliance, supervision effectiveness, and limited legal awareness among business actors. The study concludes that effective permit administration depends not only on clear regulations but also on strong institutional coordination and proper implementation.

Divorce gives rise to various legal consequences relating to the status of the parties, marital property, and the rights and obligations toward children, thereby requiring a legal mechanism that ensures legal certainty, justice, and legal protection. In practice, the parties often express their intention to divorce in the form of a Pre-Divorce Agreement Deed drawn up before a notary. This study aims to analyze the legal standing and evidentiary strength of a Pre-Divorce Agreement Deed as evidence in divorce cases decided by default judgment (verstek). The research employs a normative juridical method with a statutory approach and a case approach, focusing on the Decision of the Ngawi Religious Court Number 425/Pdt.G/2023, through a literature review of primary and secondary legal materials. The findings indicate that a Pre-Divorce Agreement Deed executed in the form of a notarial deed constitutes an authentic deed with perfect evidentiary value as written evidence in divorce proceedings. Although it cannot directly result in the dissolution of marriage, the deed is relevant to prove the existence of an agreement between the parties and the condition of a marital relationship that has irretrievably broken down. In cases decided by default judgment, the deed becomes an important basis for judicial consideration in granting the divorce petition. The implications of this study emphasize that a Pre-Divorce Agreement Deed may be lawfully and proportionately used as evidence to support the proof of grounds for divorce and to realize legal certainty in judicial proceedings.

The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

This study aims to analyze the implementation of good governance principles in inclusive public services in Candisari District, Semarang City. The study used a descriptive qualitative approach with data collection techniques through questionnaires, interviews, and documentation. Research informants consisted of sub-district officials and community service users, including vulnerable groups. Data analysis was conducted through the stages of data reduction, data presentation, and conclusion drawing. The results of the study indicate that the implementation of good governance principles in Candisari District has begun, but has not been running optimally. The principle of transparency has been attempted through the provision of service information and the use of digital media, but accessibility of information for vulnerable groups is still limited. The principle of accountability has not been fully realized, as indicated by the less than optimal performance of the Women and Children Protection Task Force (Satgas PPA) in carrying out its duties and the less than optimal inclusive public complaint mechanism. From the aspect of participation, community involvement, especially vulnerable groups, in the planning and decision-making process is still limited and unstructured. In addition, legal certainty and regional security stability are relatively conducive, but still require institutional strengthening and synergy between stakeholders. This study concludes that the implementation of good governance in Candisari District still faces institutional, participation, and service accessibility constraints, so a strategy is needed to strengthen governance to realize inclusive and sustainable public services.