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This study examines the strategic role of the Supreme Audit Agency (BPK) of the Republic of Indonesia in ensuring transparent, accountable, and aligned state financial management in line with national goals. As an independent state institution, the BPK has a constitutional mandate to audit state financial management and accountability objectively and free from intervention by any party. This study uses a legal method with a normative juridical approach, accompanied by descriptive analysis and systematic interpretation of data from literature studies. The results show that the BPK has broad authority in auditing state finances, both for the central government, regional governments, and other public institutions. However, its implementation still faces obstacles such as a lack of internal transparency, overlap with internal government oversight, and limited resources for comprehensive oversight. To address these issues, the BPK needs to strengthen its internal systems, increase auditor capacity, develop more systematic audit result reporting guidelines, and build cross-agency coordination to make its external oversight function more effective, transparent, and capable of supporting clean and integrated governance.

The concept of “urgent violation” as regulated in Article 52 paragraph (2) of Government Regulation No. 35 of 2021 introduces a new ground for employment termination (PHK), granting employers the authority to unilaterally terminate workers. However, this provision lacks a clear definition and objective parameters, creating legal uncertainty and potential misuse. This study employs a normative juridical method with a descriptive-analytical approach through literature review of legislation, Constitutional Court decisions, and labor law literature. The findings indicate that the clause on “urgent violation” often emerges from unequal bargaining positions between employers and workers, thereby failing to fully satisfy the principle of consensualism as a requirement for valid agreements. Substantively, this provision resembles the “serious misconduct” norm under Article 158 of the Manpower Law, which was annulled by the Constitutional Court through Decision No. 012/PUU-I/2003 for violating the presumption of innocence and workers’ constitutional rights. Consequently, the regulation on “urgent violation” risks repeating the same legal shortcomings and contradicts the spirit of labor law, which emphasizes that termination of employment must be avoided and only used as a last resort (ultimum remedium), as affirmed in Article 151 of the Manpower Law.

This research discusses the phenomenon of social organizations (ormas) in Indonesia from a legal perspective and the challenges of democracy. The freedom of association guarantyd by Article 28E paragraph (3) of the 1945 Constitution serves as the legal basis for the existence of social organizations, which are further regulated by Law Number 17 of 2013 and Law Number 16 of 2017. Regulatory changes, particularly the government's authority to dissolve mass organizations without judicial process, have sparked a debate between the need to maintain public order and the guaranty of the principle of due process of law. The research method used is normative juridical with a legislative and conceptual approach, supported by a literature study from primary and secondary legal materials. The study results show that although mass organizations have great potential in strengthening democracy, challenges such as identity politics, radicalism, lack of funding transparency, and state power abuse against mass organizations still pose major obstacles. Therefore, balanced legal regulations, transparent oversight, and enhanced democratic literacy are needed to ensure that the role of social organizations remains in line with the principles of the rule of law and Pancasila democracy.  

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes (Tipikor Law) requires the existence of state financial losses as an important element in Article 2 paragraph (1) and Article 3. Following Constitutional Court Decision No. 25/PUU-XIV/2016, proof of state losses must be actual losses, rather than potential losses. However, in practice, there is a discrepancy between legal norms and the reality of law enforcement, especially in state-owned enterprises (SOEs) engaged in banking. There is disharmony between the Anti-Corruption Law, the State Finance Law, and the SOE Law, particularly regarding the financial status of SOEs as separate state assets. This study uses a normative legal method with a statute approach. The results show that proving state financial losses in banking SOEs related to corruption requires an examination by an authorised institution to declare state financial losses. Based on Article 10 paragraph (1) of Law No. 15 of 2006 concerning the Audit Board, it is explained that the Audit Board has the authority to determine the existence or absence of state losses. The audit process carried out by the Audit Board on state-owned banking enterprises suspected of causing state financial losses must be an investigative audit process, not a state loss calculation audit that is usually carried out on government institutions.

Freedom of expression is a fundamental human right, yet it is not absolute, as it may be restricted under certain conditions in accordance with international law, such as the protection of reputation, national security, and public order. In Indonesia, this right is guaranteed by the 1945 Constitution of the Republic of Indonesia and its derivative regulations. However, the rapid development of information and communication technology has reshaped the landscape of public discourse. The digital space, while facilitating easier access to and dissemination of information, also presents challenges, including hate speech, misinformation, cyberbullying, and the potential for criminalization due to ambiguous regulations.To respond to these challenges, the Regional Board of Nasyiatul Aisyiyah (PDNA) Semarang organized a community service program in the form of a public dialogue titled “Freedom of Speech: Between Rights and Risks” on August 9, 2025, at the Hall of the Central Java Provincial Archives and Library Service. This activity was carried out through a participatory approach by academics who are also members of PDNA, together with the PDNA Semarang board. Two speakers were presented, Dr. Mochamad Riyanto, S.H., M.Si., a legal expert from Universitas 17 Agustus (Untag) Semarang, and Aris Mulyawan, Chair of the Alliance of Independent Journalists (AJI) Semarang. The dialogue produced three main findings: first, the need for legal awareness so that freedom of expression does not lead individuals into legal problems; second, the importance of digital literacy to reduce the spread of hoaxes and hate speech; and third, the urgency of building safe digital spaces through collaboration among communities, media, and educational institutions. The discussion emphasizes that freedom of expression in the digital era must be understood as both a right and a responsibility, requiring a fair regulatory ecosystem and continuous digital literacy enhancement

This study examines the role of the Constitutional Court of Indonesia (Mahkamah Konstitusi/MK) as a positive legislator through the lens of the living constitution approach, which conceptualizes the constitution as a dynamic and evolving document responding to social and political change. The main problem addressed is the extent to which the MK’s judicial activism in interpreting and even creating new legal norms aligns with constitutional principles, democratic legitimacy, and the balance of powers between the judiciary and the legislature. The objective of the research is to analyze how the MK’s progressive interpretations have transformed it from a negative legislator—which merely annuls unconstitutional laws—into a positive legislator that effectively fills legal gaps and constructs new constitutional meanings. Using a normative juridical method combined with case study analysis, this research explores key constitutional decisions, focusing on cases where the MK extended its interpretive authority beyond mere judicial review. The findings reveal that the MK, through the living constitution approach, justifies its role as a positive legislator by invoking principles of constitutional morality, justice, and responsiveness to societal evolution. However, this judicial creativity also generates tension with legislative supremacy and may risk overstepping the boundaries of judicial function. The synthesis of findings suggests that the MK’s transformation embodies the dynamic interplay between constitutional text and social context, reinforcing the adaptability of Indonesian constitutionalism. The study concludes that while the MK’s position as a positive legislator under the living constitution paradigm strengthens constitutional justice and protects citizens’ rights, it must remain anchored in checks and balances to prevent judicial overreach and preserve democratic legitimacy.

This study examines the legal validity of direct appointment construction consultancy contracts between state-owned enterprises and their subsidiaries following the implementation of Indonesia's Job Creation Law. The research addresses critical questions regarding the formal legal mechanisms governing long-term unit-price framework agreements and their continued enforceability under amended procurement regulations. Employing a normative-jurisprudential methodology, the study systematically analyzes primary legal sources, including statutory provisions, government regulations, and corporate governance frameworks, alongside secondary legal materials and doctrinal commentaries. The analysis reveals that pre-Omnibus Law direct appointments complied with civil law contract validity requirements and sector-specific procurement regulations under Law No. 2/2017. Transitional provisions and the non-retroactivity principle preserved the enforceability of framework agreements executed prior to the Job Creation Law's enactment, while administrative amendments extending contract terms remained lawful under existing civil code provisions. The study demonstrates that direct appointment mechanisms achieve legal justification through constitutional mandates and legislative hierarchy, while providing utilitarian benefits through enhanced procurement efficiency and deployment of specialized technical expertise. The findings contribute to scholarly discourse on state-owned enterprise governance by elucidating how omnibus legislative reforms interact with contract doctrine and corporate governance norms, emphasizing the critical importance of robust conflict-of-interest safeguards in preventing procedural formalism from overshadowing substantive public interest outcomes.

The amendment of the 1945 Constitution of Indonesia is a crucial legal and political mechanism within the dynamics of constitutional law. An amendment is understood as an adjustment of constitutional norms to remain relevant with changing times while preserving the state’s fundamental identity. Unlike a constitutional replacement, which is comprehensive and signifies the birth of a new constitutional order, amendments are partial and limited. Article 37 of the 1945 Constitution sets out strict procedures, including requirements for proposal, quorum, and substantive limitations that cannot be altered, namely the form of the Unitary State of the Republic of Indonesia. This mechanism prevents arbitrary changes and safeguards legal and political stability. The 1999–2002 amendments demonstrate that the Constitution can be improved without disrupting national continuity. Therefore, amendments are viewed as an evolutionary form of constitutional reform, while replacement signifies radical change. This analysis highlights that the amendment procedure of the 1945 Constitution is designed to balance the need for flexibility with constitutional stability in Indonesia.

This research aims to examine the authority of the Corruption Eradication Commission (KPK) in handling connectivity corruption cases after the Constitutional Court Decision Number 87/PUU-XXI/2023. This research is a normative legal research with a statute approach and a case approach, using primary and secondary legal materials collected through literature studies. The results of the study show that the Constitutional Court interpreted Article 42 of the KPK Law constitutionally conditionally, so that the KPK remains authorized to handle connectivity cases as long as the handling begins from the beginning by the KPK. This decision provides legal certainty as well as strengthening legitimacy for the KPK in handling cases involving legal subjects from the general and military courts at the same time. This study also shows that structural barriers, multi-interpreted legal substance, and sectoral legal culture are serious challenges in connectivity law enforcement practices. Therefore, it is necessary to harmonize regulations and strengthen the legal structure and culture between institutions in order to realize a more effective, fair, and non-discriminatory eradication of corruption.

In an ever-evolving digital era, the protection of human rights has become an increasingly complex and urgent challenge. Digital constitutionalism emerges as an innovative and necessary framework to address this challenge, integrating human rights principles into technology-based state governance. This journal aims to explore how digital constitutionalism can strengthen the protection of human rights while analyzing the challenges and opportunities faced in its implementation. Through a qualitative analysis approach, this research collects and analyzes relevant literature as well as case studies from various countries that have adopted the principles of digital constitutionalism. The findings indicate that while digital constitutionalism offers significant potential to enhance human rights protection, substantial challenges such as privacy, data security, and access to information still need to be addressed. Furthermore, the role of government, civil society, and the private sector is crucial in creating an environment that supports the protection of human rights in the digital space. The conclusion of this research emphasizes the importance of cross-sector collaboration to ensure that human rights are not only constitutionally recognized but also effectively protected in practice. Thus, digital constitutionalism serves not only as a tool for safeguarding human rights but also as a driver for creating a more transparent, accountable, and responsive governance system to meet the needs of society in the digital era.

Development technology information , especially use WhatsApp application , has bring up phenomenon use stickers and memes as means expression in digital communication . However , misuse face somebody without permission in meme form or sticker cause problem serious law . Research This aim study provision related laws in Indonesia editing and distribution face individual without consent , use method study normative based studies library . Study results show that action the violate Copyright Act , Act Information and Electronic Transactions (ITE Law), as well as Constitution Personal Data Protection . Violations This can charged sanctions criminal Because concerning moral rights , rights economy and privacy individual . In addition to the aspects law , abuse this is also influenced by factors economy , environment social , and digital culture of society . Therefore that , is necessary education and enforcement more laws firm in order to create ethical and responsible digital space answer .

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.

This study examines Ahmad Mustain Nasoha’s thoughts on the relationship between the constitution and Islamic law (sharia) within the context of Indonesian citizenship. The interaction between religion and the state in Indonesia has always been a dynamic discourse, particularly in balancing Islamic values as the majority religion with the constitutional principles rooted in Pancasila and the 1945 Constitution. This research employs a qualitative method using a literature review approach to analyze Nasoha’s works and perspectives on integrating Islamic values into the legal and state systems. The findings reveal that, according to Nasoha, Islamic law should not be formalized in a legalistic manner but should function as a moral inspiration and social norm within national life. Through the perspective of legal syncretism, Islamic law, customary law, and national law can be harmonized to create an inclusive and just legal system. Pancasila serves as a meeting point that bridges religious and constitutional principles, allowing Muslims to practice Islamic teachings without conflicting with the constitution. Nasoha’s thought offers a moderate and contextual model of citizenship suitable for Indonesia’s pluralistic society.

This study examines the evolution of the notary supervision system in Indonesia, particularly the impact of Constitutional Court Decision No. 49/PUU-X/2012 which revoked Article 66 paragraph (1) of Law No. 30 of 2004 and the establishment of the Notary Honorary Council (MKN) through Law No. 2 of 2014. The study uses a normative juridical method with a case and statutory approach, supported by literature analysis and expert opinion. The results show that the Constitutional Court decision eliminated legal protection for notaries in facing arbitrary actions by law enforcement officers, creating inequality with other professions such as advocates and doctors. Although the Regional Supervisory Council (MPD) still exists institutionally, the authority to grant approval for summoning notaries has been lost. In response, the government established the MKN which combines elements of the Ministry of Law and Human Rights with the Indonesian Notaries Association. International comparisons show that the civil law system provides stronger protection through specialized courts, while common law does not provide a privileged position for notaries. Indonesia adopts a mixed model that provides flexibility but creates coordination complexity. The MKN plays a role in enforcing professional ethics while maintaining a balance between the protection of notaries as public officials who make authentic deeds and accountability in the judicial system, restoring the stability of legal protection that was lost after the Constitutional Court's decision.

This study aims to analyze implementation of digital advertising licensing in Yogyakarta City based on Regional Regulation Number 6 of 2022 and to identify challenges faced in the process. Research employs a normative juridical approach with qualitative methods. Legislative approach examines regulations such as the 1945 Constitution, Law No. 1 of 2024 on Electronic Information and Transactions, Regional Regulation No. 6 of 2022, while the conceptual approach analyzes authority, supervision, legal compliance. Bahan hukum were collected through interviews, observations, document studies, analyzed qualitatively via bahan hukum reduction, narrative presentation, conclusion drawing. The findings indicate digital advertising licensing in Yogyakarta City has a robust legal foundation, but implementation is hindered by low compliance among business actors (31.9% of digital advertisements were unlicensed in 2024), complex procedures, and inadequate coordination among agencies such as DPMPTSP, BPKAD, and Satpol PP. Key challenges include unclear technical regulations, overlapping authorities, limited monitoring technology, and low legal awareness among business actors due to high licensing costs. Study recommends revising Regional Regulation, digitizing licensing system through OSS, strengthening inter-agency coordination, conducting socialization programs to enhance compliance, thereby supporting orderliness, city aesthetics, increased local revenue, legal certainty. These measures can strengthen Yogyakarta’s efficient and harmonious digital advertising governance.

Criminal law based on genetic determinism was once rejected in modern criminal law systems because it was deemed contrary to the principle of individual responsibility. However, the rise of epigenetics and neurocriminology in contemporary legal practice indicates a reconstitution of the biological basis for attribution of criminal culpability. This study aims to analyze the extent to which developments in epigenetics reopen opportunities for the operation of biological approaches in criminal law, while also critiquing the conceptual dangers they pose to the principles of justice and moral responsibility. The research method uses a normative legal approach with a conceptual approach. The results show that epigenetics works as a tool for scientific validation of the formation of risk categories in criminal law, while simultaneously weakening the perpetrator's position as a moral subject. The criminal law structure that technocratically accepts biological arguments creates a new form of legal exclusion through medical classifications that are not open to ethical evaluation. In this situation, the law operates as an instrument of biological management of bodies deemed deviant. The position of neurocriminology in this case is no longer merely a tool, but rather the center of the configuration of biolegal power that defines responsibility based on predisposition, not will. Therefore, a new normative framework is needed that can uphold the principle of individual responsibility while rejecting the ethical reduction of biological diagnoses in the criminal law system.

This study aims to examine the process of enacting Law Number 3 of 2022 concerning the Capital City, which was completed in a relatively short period of only 42 days. The main focus of this research is to assess whether the legislative process was in accordance with the principles of proper law-making as stipulated in Law Number 12 of 2011 on the Formation of Laws and Regulations. This study employs a normative legal research method with a literature-based approach, relying on the analysis of legislation, legal literature, and relevant official documents. The findings indicate that the drafting process of the Capital City Law was conducted hastily and did not fully comply with the applicable provisions. This is reflected in the limited public participation, the lack of transparency in the deliberation, and the absence of democratic principles that should guide the law-making process. The fact that the bill was deliberated in only 42 days demonstrates a legislative process that was neither ideal nor substantive in nature. Moreover, the accelerated process tends to reflect a conservative and elitist character, in which the aspirations of the wider community were insufficiently accommodated. In conclusion, the enactment of Law Number 3 of 2022 cannot be considered ideal from the perspective of constitutional law or democratic principles. Therefore, it is necessary to evaluate and reform legislative mechanisms to ensure that future law-making processes are more participatory, transparent, and truly reflective of the interests of the people.

This research examines the design of simultaneous elections in Indonesia as its main research object, a crucial discourse spurred by the persistent inefficiencies of a separated election model that produced divided governments. The discourse is marked by the shifting jurisprudence of the Constitutional Court (MK). The primary problem addressed is the Court’s jurisprudential inconsistency, which creates significant legal uncertainty for election organizers and political actors. Therefore, the objective of this research is to critically analyze the evolution of the Court's rulings on this matter and their impact on its shifting role into a positive legislator. This study employs a normative-juridical method, focusing on the doctrinal analysis of primary legal materials, particularly the series of relevant Constitutional Court rulings. The analysis reveals an inconsistent jurisprudential journey, starting from an activist stance that imposed a five-ballot simultaneous model through Ruling 14/PUU-XI/2013, with the aim of strengthening the presidential system. Then, in response to the systemic chaos and humanitarian costs of the 2019 election, the Court retreated to an "open legal policy" doctrine in Ruling 55/PUU-XVII/2019, exhibiting judicial self-restraint by deferring the choice of an alternative model to the legislature. Finally, it abandoned this position in a final interventionist decision, Decicion 135/PUU-XXII/2024, which stipulated a specific model separating national and regional elections. The main finding confirms that this latest ruling positions the MK as a positive legislator, significantly overstepping its traditional judicial authority. It is concluded that although the final ruling substantively produces a more rational election design, its inconsistent formation process has fundamentally undermined the principles of legal certainty and the balance of powers, thereby creating a problematic precedent for the future of Indonesia's constitutional governance.

In the Indonesian economic system, cooperatives play a crucial role as one of the pillars of the national economy, as mandated in Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This article emphasizes that "the economy is structured as a joint venture based on the principle of kinship," which serves as the constitutional basis for the existence and development of cooperatives in Indonesia. The research method used in this study is normative juridical, focusing on legal frameworks and regulations related to cooperatives. The results of the study indicate that the government holds an important and strategic role in regulating and supervising cooperatives to ensure the protection of the rights and obligations of cooperative members. Through regulatory instruments such as Law Number 25 of 1992 concerning Cooperatives, the government establishes cooperative principles, good governance standards, and oversight and development mechanisms. The government’s efforts are aimed at ensuring the operation of cooperatives is transparent, accountable, and beneficial to all members. Furthermore, the study found that despite these regulatory efforts, significant challenges remain in the cooperative sector. These include issues such as weak financial reporting, low literacy rates among cooperative members, and the dominance of local elites, which can hinder the equitable distribution of benefits. These challenges need to be addressed to ensure that cooperatives can fulfill their role as economic agents that contribute to national development in line with the principles of kinship and mutual benefit.