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This article examines the shift in local government authority over mineral and coal mining management following the enactment of Law Number 23 of 2014 on Regional Government. The transfer of authority from regency/city governments to provincial and central governments has created normative disharmony between the Regional Government Law and the Mining Law, resulting in legal uncertainty at the implementation level. Using a normative juridical approach and Hans Kelsen’s theory of the hierarchy of norms, this article analyzes the legal validity of the transfer and identifies structural conflicts within the legal system. The findings indicate that the current regulation lacks both hierarchical consistency and functional clarity. Therefore, a reconstruction of the legal framework for mining governance is required to balance the principle of legality with the concept of regional autonomy. A model of limited delegation, sectoral regulatory harmonization, and the application of multilevel governance are proposed as key recommendations to ensure a fair, effective, and constitutional relationship between central and local governments.  

The dispute case between Gakoptas and PT Torus Ganda caused problems. PT Torganda illegally controlled Gakoptas land which caused a conflict, as a result a farmer was injured. This study aims to determine the causal factors and resolution strategies in the dispute case between Gakoptas and PT Torganda. This study uses a normative juridical method with the sources of materials used in the form of secondary, primary and tertiary sources. The results of this study state that the causal factors of the conflict are due to the land administration system, inequality in the distribution of land ownership, legality of land ownership and economic motives. The resolution strategy can be carried out by executing the Supreme Court's decision, land redistribution through agrarian reform, land controlled by PT Torganda is returned to Gakoptas, economic recovery and sanctions.

The dissenting opinion phenomenon in Decision Number 12/G/2021/PTUN.GTO reflects the tension between the principle of legality and administrative practice in the dishonorable dismissal (PTDH) of Polri members. This study aims to analyze the legal position of dissenting opinions in the state administrative judicial system and assess the extent to which PTDH decisions reflect compliance with the principle of legality and general principles of good governance. This research uses juridical-normative method with conceptual approach and case study. The results of the study show that dissenting opinions function as judicial control over the potential for abuse of administrative authority, especially when the legal basis for PTDH refers to circular letters that do not have the binding force of laws and regulations. It is recommended that the PTDH mechanism prioritizes the principle of due process of law to ensure justice and legal certainty for members of the National Police who are subject to administrative sanctions.

This research aims to assess the legal considerations of the panel of judges in Decision Number 245/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst., particularly in recognizing the foreign court decision in the form of a moratorium ruling from the Singapore High Court and in determining the legal standing of the PKPU applicant in this case. This research employs a normative juridical method through a case study of Decision Number 245/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst based on Indonesian positive law. The data used consists of primary, secondary, and tertiary. Data analysis was conducted qualitatively by interpreting positive legal provisions, principles, and doctrines applicable in Indonesia to evaluate the panel of judges' considerations in this case. The research findings indicate that, first, the panel's recognition of the moratorium decision as grounds for rejecting the PKPU application contradicts Article 436 of the Reglement op de Rechtsvordering, which adheres to the territoriality principle. This recognition also conflicts with the principles of private international law adopted by Indonesia. Furthermore, the consideration regarding the absence of legal standing of the PKPU applicant due to the existence of the moratorium decision linked to choice of forum is inconsistent with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (KPKPU Law) as lex specialis that supersedes debt settlement provisions in other legislation. Second, the research demonstrates that in practice, legal standing is determined based on fulfillment of formal and material requirements as stipulated in Articles 222, 224, and 8(4) of the KPKPU Law, which were satisfied in this case.

Informed consent is a crucial component of medical records that ensures the legality and ethical compliance of medical procedures conducted on patients. At RSUP Surakarta, the completeness of informed consent documentation in the surgical ward has consistently failed to meet the national minimum service standard of 100%, with observed monthly completion rates ranging from 86% to 98% throughout 2024. This study aims to analyze the factors contributing to the incomplete documentation of informed consent in the surgical ward. A qualitative descriptive approach was employed using data collection techniques such as direct observation, in-depth interviews, documentation review, and participatory methods including the USG (Urgency, Seriousness, Growth) prioritization technique and brainstorming. The study involved four key informants: a medical services director, a surgeon, a surgical nurse, and a medical records officer. Findings indicate that the main contributing factors are the absence of Standard Operating Procedures (SOP) for consent documentation, lack of training, insufficient internal and external motivation due to absence of rewards or enforcement measures, limited knowledge, and short tenure of some staff members. The USG analysis identified the absence of an SOP as the most critical issue. Consequently, the development and dissemination of an SOP, coupled with regular staff training, were recommended as corrective measures. This study underscores the importance of structural and motivational support in improving the completeness of informed consent documentation, which is vital for patient safety and institutional accountability.

This research focuses on the involvement of community organizations (CSOs) in business activities in Makassar City, emphasizing the dynamics of power relations that develop outside the formal framework of the state. In daily practice, CSOs frequently conduct inspections, symbolic enforcement, and even intimidation against business actors despite lacking official government mandates, resulting in a shift in oversight functions to the informal realm. The aim of this research is to understand how CSOs can gain social legitimacy and exercise pseudo-authoritative authority in the public sphere. To address this, the research methods used include in-depth interviews with 18 informants and analysis of 21 relevant documents. The analysis shows that CSOs' authority is formed through informal socio-political networks that rely on three main factors: community support, closeness to security forces, and local media coverage that strengthens their symbolic legitimacy. This then results in pseudo-authority, a form of de facto authority that is accepted in certain social contexts even though it is not legally recognized. Further findings indicate resistance from business actors and community leaders who question the legality and economic impact of mass organization interventions, which are considered to have the potential to hamper the business climate and create uncertainty. However, the weak response from local governments actually emphasizes the gap in formal oversight mechanisms, opening up space for mass organizations to fill this role. This condition indicates that the authorizing environment is not institutional as it should be, but rather social, contested, and dependent on the dynamics of power relations at the local level. Thus, this study provides a picture of how the pseudo-authority practices of mass organizations are formed, accepted, and questioned in the context of urban social and economic governance.

The rapid changes in Indonesia's socio-political landscape have highlighted the urgency of reconstructing the governance of civil society organizations, especially in balancing the tension between the freedom of association and public order. This tension has emerged as a contemporary trend filled with controversy and civil unrest. This study aims to formulate a model of governance for civil society organizations based on Islamic values, using three theoretical frameworks: Najm al-Din al-Tufi's Maṣlaḥah Theory, Robert Putnam's Civil Society Theory, and Mark Bevir's Good Governance Theory. The methodology used is a qualitative-descriptive approach, which includes data collection through policy documentation, digital media analysis, and in-depth interviews with two key informants from religious-based civil society organizations—Nahdlatul Ulama (NU) and Persatuan Islam (PERSIS). Primary sources include official government documents such as Government Regulation in Lieu of Law (Perpu) No. 2 of 2017 and Minister of Home Affairs Regulation No. 57 of 2017, alongside empirical narratives from community leaders. The research findings suggest that the social legitimacy of civil society organizations is more influenced by the practical application of maqāṣid al-sharī‘ah (obligatory duties) and their ability to address the real needs of society than by mere adherence to administrative regulations. These findings highlight the gap between legality and legitimacy and emphasize that integrating the values of maṣlaḥah (benefit), social capital, and transparency is essential to strengthening civil society in a democratic state. By embedding Islamic values into the governance models, civil society organizations can better serve the community while maintaining democratic principles, creating a more inclusive and beneficial governance framework that aligns with both public needs and Islamic teachings.

Technological advancements have driven the growth of the financial industry in Indonesia. A more complex financial system provides benefits but also raises issues, such as the rise of illegal investments by business entities without official authorization. Investment involves allocating capital with the expectation of future profits. The growing middle class and economic development in Cangkring Village have increased public interest in investing. Unfortunately, many are tempted by high returns with minimal capital without considering legality. This community service program, as part of the Tri Dharma of Higher Education, aims to educate the public about legally compliant investments. The activities were conducted through lectures and participatory methods. The results indicate that public awareness of investment remains low due to limited financial literacy. Further education is needed to help people distinguish between legal and illegal investments, ensuring they invest safely and in accordance with applicable laws.

Criminalization in criminal law should function to limit actions that harm society legally and proportionally, but excessive criminalization can ignore the principles of justice and legality. A striking gap arises when the law is used not to protect rights, but to expand state control over individual freedom through repressive and multi-interpretable articles. This study uses a qualitative research method with a conceptual approach. The data collection method was collected using library research, then analyzed using qualitative methods and presented descriptively. The results of the study show that unlimited criminalization reflects an abuse of power that moves criminal law away from its protective function towards an instrument of repression that exacerbates inequality and weakens legal legitimacy. To return criminal law to its fair function, legislative reform is needed based on transparency, participation, and a non-penal approach that prevents state domination over individual rights.

This study analyzes the legal aspects in the application of the e-voting system in the election of village heads as a form of technological innovation in voting. With a normative legal approach, this research is based on relevant laws and regulations, including Law Number 6 of 2014 concerning Villages and its amendments in Law Number 3 of 2024. The results of the study show that the e-voting regulation is not explicitly contained in the law, but gives authority to local governments to design village head election policies, which is strengthened by the Constitutional Court Decision Number 147/PUU-VII/2009. In addition, the e-voting mechanism meets the principle of legality in the elections, emphasizes the principle of luberjurdil, and is in line with democratic values. The conclusion of this study emphasizes that the implementation of the election with the e-voting method can be applied by paying attention to the legal standards and cumulative requirements that have been set.

The practice of leaking customer data by banks to third parties, such as Mata elang, raises serious problems in the context of personal data protection in Indonesia. This action not only threatens the individual's right to privacy but also has the potential to violate the legal provisions stipulated in Law Number 27 of 2022 concerning Personal Data Protection. This article aims to analyze the legal basis violated by this practice and provide a legal solution in an effort to protect customer rights. The formulation of the problem in this study is what form of legal violation of data leaks by banks to Mata elang and what is the legal enforcement mechanism. This study uses a normative legal method with a statutory and conceptual approach. Data were obtained through a literature study of relevant regulations and supporting scientific literature. The results of the analysis show that leaking customer data to third parties without valid consent is a violation of the principles of data processing in the PDP Law, especially regarding legality, transparency, and protection of data subjects. Banks as data controllers are responsible for the leak and can be subject to administrative, civil, or criminal sanctions. In closing, this study recommends strengthening internal bank regulations, strict supervision by regulatory authorities, and increasing legal awareness for customers. This effort is important to ensure the security of personal data and uphold the right to privacy in the banking system.

The principle of legality is a legal principle that states that every act may only be subject to sanctions if it has been stipulated in the legislation before the criminal act is committed. The research aims to analyze the necessity of a law before a criminal event occurs; analyze the assessment of an act that is not analogous; analyze the need for the principle of legality to protect individuals from arbitrary actions by judicial officers. The research method is the normative legal method, by adopting conventions, legislation, law books, journals, articles, the internet. Furthermore, comprehensively reviewing the literature so that maximum results are obtained. The results of the research, law enforcement that is fair, pure and consistent is still difficult to achieve considering that many officers still do not fully understand the meaning of the principle of legality so that they often make mistakes in considering imposing criminal sanctions, and often their decisions exceed their authority. Human rights are inherent rights in individuals, so individuals should get their rights. Protection of individual rights is mandated in the 1945 Constitution Article 28G paragraph (1) Article 28H paragraph (1). Legal certainty is a vital element in building an honest and fair legal strategy. It is expected that when laws are created, they should be in accordance with a systematic, democratic mechanism based on empirical observation results, so that errors in the application of the law can be minimized. Thus, all people get legal certainty where their rights are protected and maintained, on the other hand, each individual is aware not to do prohibited acts because every action has logical and firm consequences.  

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.

This research examines North Korea's violation of the principle of good faith under the Nuclear Non-Proliferation Treaty (NPT) and its legal consequences. The main issue addressed in this study is North Korea’s breach of the good faith principle within the framework of the NPT, which raises legal implications regarding its status and obligations as a party to the treaty. Although North Korea was formally bound by the NPT, it secretly developed a nuclear weapons program, demonstrating non-compliance with the fundamental principle of international treaty implementation. This issue was further exacerbated by its refusal to allow inspections by the International Atomic Energy Agency (IAEA) and its unilateral withdrawal from the NPT, which has sparked debate over the legitimacy and legality of such action.Using a normative juridical approach, this study analyzes North Korea’s clandestine development of nuclear weapons while still a member of the NPT, as well as the validity of its withdrawal from the treaty. The findings show that North Korea violated the principle of good faith through its secret nuclear program, refusal of IAEA inspections, and withdrawal that did not meet the requirements of Article X of the NPT. The withdrawal may be deemed invalid as it was conducted in bad faith and without fulfilling the treaty's formal provisions. The legal consequences include the continued applicability of obligations under the NPT and state responsibility for breaches of international law. Ideal forms of accountability include the cessation of the nuclear program, payment of reparations, guarantees of non-repetition, and renewed compliance with NPT provisions through verifiable denuclearization.

The rapid development of information technology has brought various conveniences to human life, but it also brings new challenges in the form of cybercrime threats. One of these threats is cyberstalking, which is the act of stalking, harassment, or threats through digital media. Cyberstalking utilizes the anonymity of technology to violate the privacy, dignity, and psychological safety of the victim. In Indonesia, the regulation of cyberstalking is implicitly regulated through Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) or in its latest amendment, namely in Law Number 1 of 2024 concerning the Second Amendment to Law Number 1 of 2008 concerning Electronic Information and Transactions and the Criminal Code (KUHP). However, these regulations have not been able to cover the multidimensional dimensions of the crime, such as non-verbal harassment or emotional threats through digital media. This article analyzes cyberstalking in the perspective of Indonesian criminal law by highlighting the existing legal vacuum and the importance of regulatory reform based on the principles of legality, legal certainty, and protection of individual rights. Recommendations include revising the ITE Law, strengthening the capacity of law enforcers, and increasing public awareness to deal holistically with the threat of cyberstalking. With these steps, it is hoped that legal protection for victims can be improved in line with technological developments.

This study aims to describe the principles of legality in Indonesia and France. This study uses normative legal research methods, namely secondary legal materials in the form of data obtained from books and opinions of experts related to this study. The results of this study indicate that the principles of legality in Indonesia and France highlight the importance of legal certainty, human rights, and a sense of justice in the criminal law system. In Indonesia, the principle of legality has been regulated in the Criminal Code since 1946, but its application is often not pure because of the customary law that still applies. Although there have been amendment efforts, it often ends in a confusing system. Meanwhile, in France, the principle of legality developed from resistance to arbitrary power, which was emphasized in the Habeas Corpus Act in England in 1679. This principle gives parliament the authority to determine the components of violations and their sanctions, as a guarantee of the freedom of citizens from excessive tyrannical actions.

This study aims to analyze the state's authority in organizing electronic systems related to freedom of expression in the digital world. The development of technology that gives rise to a dilemma between the needs or activities of society and regulations to protect public interests and individual human rights, especially freedom of expression, makes it necessary to have regulations that accommodate both of these things. Through a prescriptive normative legal research method with a statutory approach, through an analysis of laws and regulations, legal literature, and international human rights instruments, this study examines the state's authority in regulating the implementation of electronic systems that are pro-freedom of expression. The results of the study indicate that the state has the authority to regulate the implementation of electronic systems to determine and enforce restrictions on a person's human rights, which in this case is shown through the ability to terminate access to content. However, the implementation of the provisions that have been in effect has the potential to violate the right to freedom of expression because of the possibility of restrictions on rights that do not meet the principles of legality, legitimate purposes, and proportionality as regulated by laws and regulations, especially the constitution and international human rights standards.

The policy proposal by the West Java Provincial Government to introduce mandatory military training for problematic students has sparked public debate concerning its legality, effectiveness, and the state’s approach to addressing juvenile delinquency. This paper analyzes the policy from a legal perspective, particularly in relation to human rights law and the principles embedded in the national education system. Using a normative juridical method with a conceptual and statutory approach, the study finds that the policy potentially violates children's rights, as well as the principles of non-discrimination and fairness in education. Moreover, the coercive approach through military training is deemed incompatible with the spirit of character development, which should be humanistic and participatory. The paper recommends that interventions for problematic students should focus on value-based education, counseling, and empowerment, rather than militarization. Public policy should ensure the protection of children's rights while upholding the principles of proportionality and appropriateness in disciplinary measures.    

This research aims to analyse the authority of the Police Mobile Brigade Corps (Brimob) in handling mass riots and examine the implementation of criminal law in evaluating the actions taken during the operation. This research departs from the importance of ensuring that every action of law enforcement officials, especially Brimob, remains within the corridors of Indonesian positive law and is oriented towards the principles of human rights. The results show that the Brimob Corps has the legal authority under Law No. 2 of 2002 on the National Police of the Republic of Indonesia to deal with high-level situations, including mass riots. In carrying out its duties, Brimob is authorised to use coercive measures, but must still pay attention to the principles of necessity, proportionality, legality, and accountability. The implementation of criminal law is an important instrument in evaluating Brimob's actions, by assessing whether the use of force meets the elements of legal justification such as forced defence or official orders, in accordance with the Criminal Code and human rights principles. It is suggested that there is a need to improve legal training for Brimob members on the limits of the use of force and the implementation of criminal law principles in emergency situations. In addition, it is necessary to strengthen internal and external evaluation mechanisms, including cooperation with independent institutions such as Komnas HAM, to maintain transparency and accountability. Thus, the rule of law and the protection of human rights can be better upheld in every operation to handle mass riots by Brimob officers.

This paper analyzes the legal disharmony between the Indonesian Standard Industrial Classification (KBLI) Code 92000, which classifies gambling as a business activity, and Article 303 of the Indonesian Penal Code (KUHP), which criminalizes gambling. Using a normative legal research method supported by theoretical foundations from legal certainty, legal harmonization, and sociological jurisprudence, the paper explores the philosophical, sociological, and juridical ratio legis behind this classification. The research concludes that the classification under KBLI is administrative and does not legitimize gambling activities. The paper suggests harmonization mechanisms to resolve legal contradictions and ensure regulatory coherence.  Address the normative conflict and avoid further interpretive ambiguities, this paper proposes a series of harmonization mechanisms. First, there should be a revision or annotation of KBLI Code 92000 to clarify that its inclusion of gambling is not a recognition of its legality under Indonesian law. Second, greater inter-agency coordination is necessary, especially between the institutions responsible for economic classifications and those enforcing criminal law. Third, legislative synchronization efforts must be enhanced through the establishment of an integrated legal drafting mechanism to ensure that new or revised regulations do not conflict with existing criminal statutes.