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This study aims to analyze the application of good governance principles in the management of ECE grants by regional governments, focusing on aspects of transparency, accountability, public participation, and legal certainty. The study employs a qualitative approach using Qualitative Secondary Analysis (QSA), analyzing various secondary data sources such as policy documents, government reports, previous research findings, and relevant academic literature on education grant management. Data analysis was conducted systematically through data reduction, categorization, interpretation, and conclusion drawing. The results indicate that the implementation of transparency in ECE grant management is reflected in the openness of information regarding grant application procedures, recipient selection mechanisms, and fund usage reporting. Accountability is realized through administrative and financial accountability mechanisms that must be fulfilled by both regional governments and ECE institutions receiving the grants. Public participation is evident from the involvement of communities, ECE institution managers, and parents in the planning, implementation, and supervision of the grant program. Meanwhile, legal certainty in grant management is demonstrated by the existence of regulations that clearly govern grant provision mechanisms, fund disbursement procedures, and obligations for reporting and accountability in fund utilization. The study concludes that the application of good governance principles in the management of ECE grants by regional governments plays a crucial role in enhancing transparency, accountability, and effectiveness in educational fund management. Furthermore, community involvement and regulatory certainty serve as key supporting factors in achieving better governance of education grants.

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.

The development of financial technology (fintech lending) in Indonesia has significantly facilitated public access to financing; however, it has also generated various legal issues, particularly concerning the protection of creditors. This study aims to analyze the forms of legal protection available to creditors in loan agreements based on fintech lending from the perspectives of civil law and commercial law in Indonesia. The research employs a normative legal method, utilizing both statutory and conceptual approaches. The findings indicate that legal protection for creditors in fintech lending still faces numerous challenges, particularly regarding the validity of electronic agreements, the risk of default, and the weakness of guarantee mechanisms. Existing regulations, such as the Financial Services Authority Regulation (POJK) concerning information technology-based lending services, have not yet provided optimal legal certainty. Furthermore, the principles of prudence and transparency have not been fully implemented by fintech providers. Therefore, strengthening regulatory frameworks and harmonizing civil law and commercial law are essential to ensure more comprehensive legal protection for creditors. This study is expected to contribute to the development of business law in Indonesia, particularly in responding to the dynamics of the digital economy.

This study examines the legality of on-street parking levy practices in Kupang City from a constitutional law perspective, with a primary focus on the application of the legality principle. The background of this research stems from a significant discrepancy between the legal norms established in statutory regulations and the empirical administrative practices occurring in the field. Identified issues include the collection of levies without official tickets, the lack of clarity regarding the identity and legal status of collection officers, and the inconsistent and non-transparent application of parking tariffs. This research employs a normative-empirical legal method by applying statutory, conceptual, and empirical approaches through limited field observations. The findings indicate that although the Kupang City Government formally possesses the attribution of authority to collect parking levies, the implementation frequently deviates from the established legal procedures. Such deviant practices potentially constitute ultra vires actions and violate the principle of due process of law in government administration. This study concludes that the substantive legality of parking levies in Kupang City has not been fully realized, thereby undermining legal certainty and public trust in the legitimacy of local governance. The implications of this research emphasize the imperative for comprehensive reform of the supervision system and stricter enforcement of administrative procedures to ensure the rule of law at the local level.

This research discusses the authority of judges in declaring a lawsuit inadmissible (Niet Ontvankelijke Verklaard/NO) in civil cases based on Decision Number 82/Pdt.G/2025/PN Kwg. The issues examined in this study relate to the application of formal requirements of a lawsuit and the authority of judges in rendering an NO decision due to errors in determining legal subjects (error in persona). This study aims to analyze the application of civil procedural law regarding the formal requirements of a lawsuit and to examine the authority of judges in declaring a lawsuit inadmissible. The research method used is normative juridical with statutory and case approaches. The legal materials used consist of primary, secondary, and tertiary legal materials obtained through library research and analyzed qualitatively. The results of the study indicate that the formal requirements of a lawsuit hold a very important position in civil procedural law. Errors in determining legal subjects, particularly involving a party who has passed away without involving the heirs, result in a formally defective lawsuit and cause it to be declared inadmissible (Niet Ontvankelijke Verklaard). In Decision Number 82/Pdt.G/2025/PN Kwg, the judges exercised their authority in accordance with civil procedural law to maintain legal certainty and orderly judicial proceedings. However, the application of such authority is considered to be overly formalistic because it did not provide an opportunity to amend the lawsuit, thereby giving less attention to substantive justice for the plaintiff.

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 policy plan to integrate parking fees into the Vehicle Registration Certificate (STNK), scheduled for nationwide implementation in 2027, has generated debate regarding contractual validity and fiscal justice. From the perspective of Islamic Economic Law, the transformation from a conventional pay-per-use retribution system to an annual prepaid system raises issues related to mutual consent (an-taradin) and the certainty of service benefits. This study aims to analyze the 2027 subscription parking policy using the framework of Maslahah Mursalah and the principle of distributive economic justice to assess its legitimacy as an instrument of public welfare. This research uses a normative legal method with conceptual and statutory approaches. Literature data are analyzed qualitatively through deductive reasoning to derive legal conclusions from general principles of Islamic economics in relation to contemporary fiscal policy. The findings indicate that the policy contains elements of Maslahah Mursalah, particularly in improving bureaucratic efficiency and preventing state revenue leakage (sadd adz-dzari'ah). However, from the perspective of distributive justice, the policy may contain elements of dzulm (injustice) if it is not supported by fair tariff segmentation. Without guaranteed service availability for all payers, mandatory annual parking fees risk being categorized as akl al-amwal bi al-bathil (unlawful appropriation of wealth). Therefore, a zoning-based tariff system is recommended to ensure fairness between obligations and benefits.

The practice of independent nursing by nurses is a form of professional health services that require assurance of certainty and legal protection, especially after the enactment of Law Number 17 of 2023 concerning Health (Health Law) which integrates various health regulations. This study aims to analyze the form of legal protection for nurses in independent practice and identify the supporting and inhibiting factors for this legal protection. Problem formulation, 1) What is the form of legal protection for nurses who provide independent nursing practice services, 2) What are the supporting and inhibiting factors for legal protection for nurses who provide independent nursing practice. The research method used is normative legal research with a qualitative approach, sourced from secondary data in the form of laws and regulations and related legal literature. The results of the study show that the form of legal protection for nurses includes legality guarantees through STR and SIPP, compliance with professional standards and SPO, and the function of medical records as authentic evidence. The main supporting factors include the existence of a clear legal umbrella and nurses' compliance with regulations, while the inhibiting factors involve illegal practices (without permission), negligence in documentation, and ambiguity of authority. Conclusion: Legal protection for Nurse Practitioners in independent nursing practice is conditional and highly dependent on nurses' compliance with applicable legal norms and professional standards. Compliance with licensing, practice standards, and accurate documentation is the main key in optimizing the guarantee of legal protection.

The digital era has streamlined the commercialization of musical works, yet conversely heightens the risk of copyright infringement regarding the unauthorized use of songs. This study aims to analyze the legal review of unauthorized song usage, focusing specifically on the Supreme Court Decision Number 825 K/Pdt.Sus-HKI/2025. This study employs a normative juridical research method using a case approach and a statute approach. Secondary data were gathered through a literature review of relevant regulations, specifically Law Number 28 of 2014 concerning Copyright. The results indicate that utilizing another person's song for commercial purposes without valid permission from the creator or copyright holder constitutes a clear violation of economic rights, particularly reproduction, distribution, and public performance rights. Through Supreme Court Decision No. 825 K/Pdt.Sus-HKI/2025, the Panel of Judges reaffirmed the boundaries of law enforcement and civil liability regarding material damages for infringers. The judges' legal reasoning (ratio decidendi) reinforces the position of Collective Management Organizations (CMO) in royalty collection, while providing legal certainty on the evidentiary mechanisms of exclusive rights violations in court. The practical implication of this decision emphasizes the necessity for creative industry actors to secure formal licensing to mitigate future legal disputes.

This study aims to analyze the legal provisions on land rights for foreign nationals in the Indonesian land law system and to examine the validity and legal consequences of nominee agreements in the control of land rights by foreign investors. The background of this study is based on the practice of using nominee agreements (borrowing names) by foreign nationals to control land in Indonesia, which legally contradicts the provisions of the Basic Agrarian Law (UUPA) which prohibits ownership of land rights by foreign parties. This study uses a normative legal research method with a legislative approach and a conceptual approach. The legal sources used include primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study indicate that the regulation of land rights for foreign nationals in the Indonesian legal system is limited to use rights, lease rights, or through certain legal entities such as Foreign Investment Limited Liability Companies (PT PMA). Meanwhile, the practice of nominee agreements is a form of legal smuggling that contradicts the basic principles of national agrarian law, so that the agreement can be declared null and void. In addition, this practice creates legal uncertainty and has the potential to harm the state and society because it obscures the status of land ownership. In conclusion, firm law enforcement and regulatory harmonization between agrarian and investment law are needed to ensure legal certainty and safeguard state sovereignty over land, without hindering foreign investment in Indonesia.

This study analyzes the gap between legal certainty and justice in patent protection in Indonesia through a case study of the transfer of patent rights for the Spider Nest Construction. The problem formulation includes two things. First, what is the form of distortion of legal certainty in the transfer of patent rights. Second, how is the violation of the inventor's moral and economic rights and the institutional factors that cause it. The method used is normative juridical with a statutory, case, conceptual, and comparative approach. The results of the study indicate that the distortion of legal certainty occurs because the registration of the transfer of rights only uses a Power of Attorney without an authentic deed, which violates Article 11 of the Patent Law. In addition, the unilateral action of the Directorate General of Intellectual Property to freeze and revoke the freezing of patents without a court decision violates Article 132 of the Patent Law. Violation of moral rights is manifested in the form of false attribution in the JALLA patent. Economic rights are ignored through embezzlement of royalties. The peak of injustice is the accusation of plagiarism against the original inventor for his own development invention. Inhibiting factors include institutional weaknesses within the Directorate General of Intellectual Property, excessive judicial intervention, low human resource capacity, regulatory disharmony, and an unsupportive legal culture. Strengthening strategies include institutional reform, revision of the Patent Law, ratification of international conventions, digitalization, international certification, and the establishment of a specialized intellectual property court. In conclusion, without strengthening integrated intellectual property legal policy, the gap between procedural legal certainty and substantive justice will continue to weaken the national innovation ecosystem.

The annulment of a marriage certificate as a product of state administrative law creates complex juridical issues concerning the legality of marriage administration, protection of civil rights, and legal certainty within society. This study aims to analyze the legal consequences of the annulment of Marriage Certificate Number 0026/26/I/2020 in the Decision of the Bandar Lampung State Administrative Court Number 15/G/2023/PTUN.BL and to examine the judges’ considerations from the perspective of siyasah qadha’iyyah. This research employs a normative juridical method using statutory, case, and conceptual approaches within Islamic political jurisprudence. Data sources were obtained from court decisions, legislation, classical Islamic legal texts, and relevant scientific journals. The findings indicate that the annulment of a marriage certificate revokes the administrative legal force of the marriage registration but does not automatically invalidate the marriage contract under Islamic law as long as the pillars and conditions of marriage are fulfilled. The decision demonstrates that the State Administrative Court has authority to examine the administrative aspects of marriage certificate issuance but lacks authority to determine the substantive validity of the marriage itself. From the perspective of siyasah qadha’iyyah, the judges’ decision reflects the implementation of justice, public benefit, legal certainty, and supervision over state administrative officials. This study emphasizes the necessity of strengthening marriage administration systems based on good governance principles and maqashid al-shari’ah to prevent administrative legal disputes in marital affairs.

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.

Study This analyze adaptation system law Indonesian agrarian​ digital transformation, in particular implementation blockchain technology in certification land. Using approach juridical normative, research combining the statute approach with reviewing the UUPA, Regulation of the Minister of ATR/BPN Number 1 of 2021, and the ITE Law, as well as the conceptual approach that examines theory law agrarian, digital transformation, and principles Maqashid Syariah. Secondary data in the form of material primary, secondary, and tertiary law analyzed in a way descriptive qualitative For interpret the relationship between legal norms, theory and digital technology in land. Research results show that harmonization regulations agrarian and digital, blockchain implementation, and integration sharia principles can increase transparency, accountability, and certainty law. Digital transformation accelerates administration, minimizing overlapping overlap ownership, and strengthening governance fair and sustainable land. Research​ This confirm the need strengthening regulation, digital infrastructure, and literacy apparatus For support legal reform agrarian in the digital era.  

Business digitalization has become an integral part of the modern economic development in Indonesia, providing significant convenience for business actors while presenting legal risks that require clear legal protection and certainty. This research uses normative legal methods with legislative and conceptual approaches, and utilizes primary, secondary, and tertiary legal sources. The results of the study show that legal protection for business actors in digital-based business agreements is regulated in various regulations, including Article 1320 and Article 1338 of the Civil Code, the Consumer Protection Law, the Law on the Prohibition of Monopoly Practices, the Law on Information and Electronic Transactions and their amendments, Government Regulations on the Implementation of Electronic Systems and Transactions, the Personal Data Protection Law, and the Trade Minister Regulation on Trade Through an electronic system. However, existing regulations still face challenges in the form of overlapping rules and have not fully answered new problems such as automated contracts, the use of artificial intelligence, and the dynamics of digital platforms. Therefore, adaptive regulatory reforms, strengthening the principle of fairness in digital contracts, increasing supervision of platform operators, and legal and digital literacy for business actors are needed. These efforts are expected to be able to protect business actors, especially MSMEs, from harmful standard clauses and ensure the timely and effective resolution of digital business disputes.

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.