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Abednego Satrio Nugroho Purba; Cecep Suhardiman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Corporate Social Responsibility (CSR) in Indonesia has undergone a paradigmatic shift from voluntary philanthropic activities to a legally binding obligation grounded in various statutory regulations, particularly Law Number 40 of 2007 on Limited Liability Companies and Law Number 25 of 2007 on Investment. This study aims to analyze the legal framework governing CSR in Indonesia from a public policy perspective, to evaluate the implementation of CSR by corporations, and to identify normative and empirical constraints that hinder the optimization of CSR as an instrument of sustainable development. The research employs a normative juridical method with statutory, conceptual, case-based, and policy analysis approaches. The findings indicate that CSR regulation remains partial in nature, primarily due to the limitation of mandatory obligations to specific sectors, the absence of clear and enforceable sanctions, and the lack of national standards for reporting and oversight.

Fitrah Maryam P.Z; Frasisi Wulandari; Retno Wulandari; Sri Handayani

Lembaga Pengembangan Kinerja Dosen 2026 Lembaga Pengembangan Kinerja Dosen

The development of information and communication technology has changed the paradigm of proof in civil cases, where the interaction of the parties is now mostly carried out through electronic media such as instant messages, electronic mails, and digital documents. This condition places electronic evidence as an important instrument in the practice of civil justice. Normatively, the recognition of electronic evidence has been affirmed in Law Number 1 of 2024 concerning Electronic Information and Transactions (ITE Law), which states that electronic information, electronic documents, and their printed results are legal evidence. However, the application of these norms has not been completely consistent in civil justice practice. The assessment of the evidentiary strength of electronic evidence is still highly dependent on the discretion of judges, as there are no detailed technical guidelines regarding assessment standards, relevance, and adequacy. This inconsistency can be seen in a comparison of the Magelang District Court Decision Number 18/Pdt.G/2023/PN Mgg and the Decision of the Lolak Religious Court Number 3/Pdt.G/2022/PA. Llk, which shows the difference in the judge's approach in assessing electronic evidence. This study uses a normative juridical method with a legislative approach and decision analysis. The results of the study emphasized the need for reform of civil procedure law and the preparation of clear technical guidelines to realize uniformity and legal certainty in the assessment of electronic evidence.

I Made Maswinartha; I Nyoman Putu Budiartha; Ni Komang Arini Styawati

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The growth of the digital economy in Indonesia has positioned Foreign Venture Capital Companies (FVCCs) as a fundamental pillar within the startup financing ecosystem. However, the legal landscape has undergone a significant transformation with the enactment of Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law). This regulation mandates that all financial services business actors, including foreign entities, obtain business licenses from the Financial Services Authority (Otoritas Jasa Keuangan/OJK). This study aims to analyze the legal implications of this licensing requirement on business certainty for foreign investors and to examine the normative inconsistencies between the Investment Law and the P2SK Law. This research employs a normative juridical method with a statutory approach and a conceptual approach. The findings reveal the existence of normative ambiguity (vagueness of norms) concerning the operational status of FVCCs utilizing offshore structures during the regulatory transition period, which is set to expire in January 2026. Such legal uncertainty has the potential to hinder the inflow of Foreign Direct Investment (FDI) if not promptly addressed through adaptive implementing regulations, such as the optimization of regulations governing Foreign Representative Offices. On the other hand, the licensing obligation enhances legal certainty by providing preventive legal protection for Business Partner Companies through contract standardization and integrated supervision. In conclusion, this study recommends cross-sectoral regulatory harmonization and the issuance of clear technical guidelines to ensure a balanced approach between prudential supervision and investment facilitation.

Abdul Hakim; Tutik Hamidah; Ali Hamdan

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is based on the shortage of functional penghulu officers, which has become a serious issue for the government, particularly the Ministry of Religious Affairs of Indonesia. This condition can affect the quality of services in marriage registration, family guidance, and the provision of legal certainty to the community. To overcome the emergency of penghulu personnel, it is necessary to propose that the position of penghulu also be granted equal access to women, whereas until now the position of penghulu has been dominated only by men. Therefore, this research aims to conduct a comprehensive study on the provisions regarding the opportunities and problems of female penghulu within Indonesia’s civil law system, in which civil law is the official positive legal umbrella governing penghulu affairs. This research is normative legal research employing a statutory approach and a conceptual approach. Meanwhile, the primary legal materials of this research consist of various laws and regulations directly related to penghulu affairs. The results of this research indicate that the opportunities for female penghulu within the civil law system are very open, constitutionally valid, and not subject to any normative prohibition. The problems arise when female penghulu are requested to act as guardians appointed by the court (wali hakim) or entrusted with the delegated guardianship of marriage (taukil wali). This is because, under Indonesia’s civil law, a wali hakim or a person receiving taukil wali is required to be male. In addition, another problem is the existence of a specific requirement to be male that must be fulfilled in the recruitment of penghulu personnel as stated in the Announcement Letter on the Recruitment of Candidates for Civil Servants of the Ministry of Religious Affairs.  

Sudjai Sudjai; Didit Darmawan; Muhammad Zufar Afifudin; Gusti Ananda Syalum Saputra; Triyono Meidi Rahman +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The concept of force majeure is essential in business agreements in Indonesia, as it regulates the release of contractual obligations that cannot be fulfilled due to events beyond their control such as natural disasters, pandemics, conflicts, or government policies. This study examines force majeure clauses in business agreements in Indonesia from a normative juridical perspective, focusing on the legal framework, its application practices, and its legal implications for contractual certainty. Using normative juridical qualitative methods, data were analyzed from the Civil Code (KUHPerdata) Articles 1244–1245 and 1444–1445, legal doctrine, and literature. The results of the study underlined that the force majeure clause has a strong legal basis in the Civil Code, which exempts the affected party from the obligation of compensation if the failure to perform the obligation is caused by events beyond his control. The application of this clause in the contract allows for the revision, postponement, or termination of a temporary contract, thereby guaranteeing legal certainty and protecting the principles of good faith and contractual fairness. In addition, the formulation of detailed clauses in the contract is crucial to prevent potential legal disputes down the road and ensure fair protection for all parties involved in the business agreement.

Abdul Malik Mahir Mustafa; Insan Tajali Nur; Rahmawati Al Hidayah

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The untimely formation of government regulations on the delegation of laws is still a serious problem in the practice of forming laws and regulations in Indonesia. It was recorded that from 2021 to 2023 there were 16 government regulations that were formed late, which shows that there are problems in the follow-up mechanism for legislation delegations. The author analyzes whether the government has a legal obligation in the timeliness of the formation of government regulations as implementing rules. In addition, this study also examines the juridical and practical implications of the law if a delegated government regulation is formed late. The data used are quantitative and supported by doctrinal research methods through the analysis of laws and regulations, expert opinions, and related legal literature. The results of the study show that the government has a legal obligation to form government regulations in a timely manner. The delay in the formation of government regulations has an impact on disrupting the effectiveness of the implementation of the law and causes some provisions to not be implemented optimally because the implementing instruments are not yet available according to the specified deadline. In addition, these delays have the potential to cause legal uncertainty for the public, law enforcement officials, and policy implementing agencies. The vacuum of implementing rules can also trigger differences in interpretation, hinder policy implementation, and increase the risk of legal disputes. Therefore, this study emphasizes the importance of stricter monitoring and evaluation mechanisms against the deadline for the formation of government regulations to ensure legal certainty and regulatory effectiveness.

Melia Lau; Suyato Oei; Sugiarto, Sugiarto; Parningotan Malau

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study delves into the philosophical foundations of natural law, contrasting the irrational theories of Thomas Aquinas with the rational perspectives of Hugo Grotius and Immanuel Kant, examining their relevance within Indonesia’s deeply religious and pluralistic context. Aquinas argues that natural law is divinely ordained and serves as a universal moral guide, where law and morality are intrinsically linked. On the other hand, Grotius proposes that while natural law originates from divine will, human reason enables individuals to comprehend it, even without divine revelation. Kant’s philosophy shifts the focus to moral autonomy and the freedom of individuals, emphasizing that legitimate law must be based on principles of universal morality that respect human dignity. In the context of Indonesia, with its diverse religious landscape, integrating these philosophical ideas provides a balanced approach to the interaction between secular law, religious teachings, and moral values. The research adopts a juridical-normative methodology with a conceptual and legislative approach, analyzing secondary legal sources to explore how natural law influences Indonesia's legal system. The findings indicate that while Indonesia's legal system primarily follows positive law, it would benefit from incorporating the moral and spiritual aspects derived from natural law theory. The study concludes that Indonesia’s legal system can achieve a more substantive form of justice by integrating the principles of Aquinas, Grotius, and Kant, thus ensuring a more harmonious blend of legal certainty, moral integrity, and religious principles in the country’s laws.  

Ahmad Amin Febrianto; Ahmad Musonnif

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research is motivated by the importance of preserving the authenticity of the Qur’an as the primary source of Islamic teachings and law, which serves as the foundation for legal certainty within the Islamic Family Law system. Historical records show that the codification process of the Qur’an carried out by Zaid bin Tsabit during the caliphates of Abu Bakr and Uthman bin Affan played a crucial role in ensuring the integrity and uniformity of the revealed text, thereby having significant implications for the validity of Islamic legal arguments. This study aims to critically analyze the role of Zaid bin Tsabit in the Qur’anic codification process and its implications for the certainty of the textual basis (nash) in Islamic family law. Using a qualitative method with a historical-normative approach, this research combines chronological and normative analyses of primary sources such as the works of as-Suyuthi and az-Zarkasyi, as well as secondary sources in relevant academic literature. The findings indicate that the codification process of the Qur’an holds not only historical value but also juridical significance, as it ensures the authenticity of the text as the foundation of Islamic law. Therefore, integrating historical and normative aspects is essential to maintaining the authority of Islamic legal sources in the contemporary era.

Fabrizio Richardo Marvil Wanggai; Made Sugi Hartono; Ni Putu Ega Parwati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of artificial intelligence technology, particularly deepfake, poses significant challenges to legal protection due to its potential misuse for identity manipulation, defamation, and other cybercrimes. This phenomenon highlights a gap between technological advancement and the readiness of legal regulations in Indonesia. This study aims to analyze forms of deepfake misuse and to assess the effectiveness of existing legal frameworks in providing legal protection and certainty. The research employs a normative legal method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesian positive law does not yet specifically regulate deepfake technology, resulting in law enforcement relying on general provisions of criminal law and the Electronic Information and Transactions Law. The implications of this study emphasize the urgency of regulatory reform and the formulation of adaptive legal policies to address digital technological developments in order to ensure legal protection and justice for society.

Martha Tri Lestari

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the legal certainty of ownership of works produced by artificial intelligence (AI), specifically ChatGPT, from the perspective of Law Number 28 of 2014 concerning Copyright. The main focus of this research is to answer the question of whether works produced by AI can be copyrighted and to identify the legal challenges arising from the absence of explicit regulations in the Indonesian positive legal system. This study uses a normative juridical method with a statute approach and analysis of primary and supplementary legal materials. The study's findings indicate that, to date, there are no national regulations explicitly governing copyright recognition for works produced autonomously by AI systems. Based on the provisions of Article 1 number 3 of Law Number 28 of 2014, works must arise from human intellectual ability, therefore, AI products do not qualify as works potentially entitled to copyright protection. Therefore, legal reformulation through regulatory updates is needed to provide legal certainty and address challenges in the digital era, as well as prevent potential disputes in the national creative industry.

Putu Tirta Megawati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the integration of Intellectual Property Rights (IPR) into Corporate Social Responsibility (CSR) as a strategic legal instrument to support the development of the creative economy in Indonesia. The creative economy has become one of the main drivers of national economic growth; however, its development is often constrained by weak legal protection of intellectual property, particularly among micro, small, and medium enterprises. This research employs normative legal research using statutory and conceptual approaches. The findings indicate that the integration of IPR into CSR programs plays a significant role in enhancing legal awareness, strengthening protection of creative works, and promoting sustainable economic empowerment for communities. CSR-based IPR protection not only benefits right holders but also contributes to inclusive development and corporate sustainability. Therefore, strengthening CSR policies oriented toward IPR protection is essential to ensure balanced economic growth and legal certainty in the creative economy sector.

Aina Zaskiandra; Alpin Jonatan Siagian; Dhea Lova Br Surbakti; Dirga Mulia Akbar; Idam Malik Sinulingga +1 more

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

This study explores the phenomenon of abuse of authority in the investigation stage of corruption cases, focusing on various violations of practices, causative factors, and implications for justice and legal certainty. The study uses a normative juridical approach through the study of laws and regulations, legal doctrine, and empirical literature to build a comprehensive and systematic analysis. The findings indicate that oversight gaps, weak institutional control, and low integrity of the authorities are the main triggers for actions that go beyond authority, which in turn reduces the effectiveness of evidence and lowers public trust in law enforcement institutions. In addition, the lack of transparency and accountability mechanisms further exacerbates the risk of procedural violations during the investigation process. These conditions can potentially undermine the principles of due process of law and fairness in the criminal justice system. To address this problem, it is necessary to improve internal and external control mechanisms, strengthen supervision by independent institutions, and ensure the consistent implementation of disciplinary measures and legal sanctions against violators. By reinforcing these efforts, it is expected that law enforcement agencies can enhance professionalism, maintain integrity, and restore public confidence in handling corruption cases. (Soekanto & Mamudji, 2020; KUHAP; Corruption Law).

Nadinda Rahma; Lego Karjoko; Elizabeth Ayu Puspita Adi

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Right to Build Certificate (Hak Guna Bangunan/HGB), as evidence of land rights intended to provide legal certainty for right holders, may in practice be revoked through decisions of the State Administrative Court. Such revocation creates legal uncertainty regarding the legal status of the land and the position of the right holder, particularly where the certificate holder is not a party to the proceedings. This research aims to analyze the legal status of land following the revocation of an HGB certificate and to examine the legal remedies available to right holders in order to obtain legal certainty. The research employs a normative juridical approach through a literature review of statutory regulations and court decisions. The findings indicate that following the revocation of HGB Certificate Number B 222 in the name of PT Pertamina (Persero), the land reverts to state land, with Pertamina holding priority rights pursuant to Article 37 paragraph (4) of Government Regulation Number 18 of 2021. However, legal remedies through the priority rights mechanism do not provide absolute legal certainty, as the use of the term “may” reflects governmental discretion rather than a legal obligation. Consequently, legal certainty for PT Pertamina remains conditional and dependent upon administrative discretion, rather than constituting final legal certainty.

Riziq Abdul Aziz; Annisaa Nurwahidah Afif; Ridwan Ahmad Desyanto; Arina Nur Afifah; Agatha Jumiati

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The illegal acquisition of land certificates is a serious problem in Indonesia's land law system because it has the potential to eliminate legal certainty regarding land rights. Certificates that are supposed to serve as strong proof of rights can still be obtained thru unauthorized possession, manipulation of legal data, or deviations from administrative procedures. This research aims to analyze the acquisition of illegal land certificates from a land law perspective and its legal implications for legal certainty. The research method used is normative legal research with a statutory approach and a conceptual approach, examining Law Number 5 of 1960, Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021. The research results indicate that land certificates obtained illegally contain legal defects and can be revoked, and also have administrative, civil, and criminal legal implications that directly disrupt legal certainty regarding land rights. Therefore, consistent law enforcement and strengthening the land registration system are needed to ensure legal protection and certainty of land rights in Indonesia.

I Made Citra Yudistira

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The circulation of illegal cigarettes constitutes a serious problem that results in state financial losses and disrupts legal certainty in the excise sector. Although criminal provisions related to the circulation of illegal cigarettes have been explicitly regulated in statutory laws, law enforcement practices demonstrate a tendency to apply administrative sanctions rather than criminal sanctions. This study aims to analyze the regulation of criminal law concerning illegal cigarette circulation and to examine the implications of the dominance of administrative sanctions on the effectiveness of criminal law. The research employs a normative juridical method using statutory and conceptual approaches through library research on primary and secondary legal materials. The findings indicate that the main problem does not lie in the absence or contradiction of legal norms, but in the emergence of vague norms at the implementation level due to inconsistent application of criminal sanctions. This condition weakens legal certainty, reduces the deterrent effect of criminal law, and undermines the protection of public interests. This study emphasizes the importance of consistent application of criminal sanctions to ensure that criminal law functions effectively in addressing illegal cigarette circulation.

Nadira Zahra Faisal

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

This study aims to analyze the legal status of jointly managed social media accounts within the framework of marital property in Indonesia. The growth of the digital creative economy has transformed social media accounts into productive assets with economic value, yet Indonesian civil law has not provided legal certainty regarding their ownership status following divorce or death. The research method employed is normative legal research with a comparative legal approach. The results indicate a regulatory void in Law Number 1 of 1974, which remains oriented toward physical objects, while digital accounts are often regarded as personal rights tied to the registered individual. Conversely, digital regulations in the European Union, through the General Data Protection Regulation (GDPR) and the concept of digital estate, have begun to accommodate the continuity of access and management of digital assets for relevant parties. The discussion emphasizes the need for a redefinition of assets in Indonesian family law that synchronizes privacy rights with economic rights. In conclusion, productive social media accounts should be qualified as marital property through progressive interpretation or prenuptial agreements. This study recommends the synchronization of personal data protection regulations and marriage law to ensure distributive justice for couples in the digital economy era.

Kadek Sri Candra Laksmi Putri; Ni Ketut Sari Adnyni; Made Sugi Hartono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The development of information technology has significantly transformed commercial activities, particularly through the emergence of electronic transactions or e-commerce. The convenience offered by digital trading systems provides various benefits for both consumers and business actors, such as time efficiency, ease of access, and broader market reach. However, behind these advantages, there are also several risks that may harm consumers, including discrepancies between product descriptions and actual goods, delivery delays, and potential online fraud. This study aims to analyze the legal protection for consumers in electronic transactions and the responsibilities of business actors within digital commerce systems. This research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that consumer legal protection in electronic transactions has been regulated in various laws and regulations; however, in practice, several challenges remain in its implementation. Therefore, strengthening regulations, enhancing supervision of business actors, and increasing public legal awareness are necessary to create a safer electronic transaction system and ensure legal certainty for consumers.

Yusuf Mahendra Surya; Sandy Bagus R; Rafni Aya S; Intan Nur Fadilla; Agatha Jumiati

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Land ownership disputes without rights are a common land issue that disrupts legal certainty for legitimate landowners. Although the national land law system has regulated land registration and the issuance of certificates as forms of legal protection, in practice conflicts are still found between physical possession and legal ownership. This research aims to analyze the legal status of the rightful landowner and the forms of legal protection in land ownership disputes without rights. The research method used is normative legal research with a statutory approach and a conceptual approach, examining Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021. The research results show that land ownership certificates have strong evidentiary power and place the legitimate landowner in a more protected legal position, while unauthorized land possession does not gain legal legitimacy and can be qualified as an unlawful act. Therefore, legal protection for legitimate landowners must be consistently enforced to achieve legal certainty and justice in the field of land ownership.

Sasi Azhari Kirana Putri

Jupiter: Publikasi Ilmu Keteknikan Industri, Teknik Elektro dan Informatika 2026 Asosiasi Riset Ilmu Teknik Indonesia

Consumer protection is a crucial aspect of trade and industrial activities to ensure consumers’ rights to quality, safety, and fairness in obtaining goods. In the field of metrology, qualitative improvement of product quality plays a strategic role as a preventive effort to minimize consumer losses caused by unfair or non-compliant trading practices. This is in line with Law Number 8 of 1999 on Consumer Protection, which emphasizes legal certainty, honesty, and the responsibility of business actors toward consumers. This study aims to examine qualitative product quality improvement as an effort to realize consumer protection in the field of metrology. The research employs a qualitative descriptive approach through literature review and analysis of regulations, policies, and the role of metrological institutions in supervising product quality. The discussion focuses on compliance with standards, supervisory mechanisms, and the responsibility of business actors as key elements of consumer protection. The findings indicate that qualitative improvement of product quality contributes to fair transactions, enhances consumer trust, and prevents practices that may harm consumers. This study is expected to serve as a reference for relevant institutions in strengthening the role of metrology as an integral part of the consumer protection system.

Fransiskus Xaverius Pasaribu; Suratni Ginting; Muhammad Sahid

Jurnal Transformasi Bisnis Digital 2026 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This study examines the role of agents in the renewal process of cargo ship construction safety certificates at the Merak Banten Harbormaster and Port Authority Office (KSOP), using a case study of PT. Vinici Samudera Agencies, Merak Branch. The study aimed to determine the role of agency companies in assisting shipowners in fulfilling certification obligations and to examine certificate renewal procedures in accordance with legal provisions and shipping safety standards. The research methods employed included a field approach through direct observation, interviews, and a literature review of relevant literature, regulations, and official documents. Based on the research findings, PT. Vinici Samudera Agencies plays a significant role in processing shipping administrative documents, coordinating with the KSOP, ensuring compliance with applicable legal provisions, and providing technical guidance to ensure ships remain seaworthy. The agency's role has been proven to increase time efficiency, reduce the risk of delays, and provide legal certainty in the certificate renewal process. Therefore, the presence of ship agents is a strategic factor in supporting the smooth operation of cargo ships at the Port of Merak.