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Legal certainty (rechtssicherheit) is a fundamental pillar of the rule of law, ensuring that legal provisions are clear, consistent, and predictable. In the Indonesian criminal justice system, the Public Prosecutor holds a central position as the Dominus Litis (the owner of the case), determining which cases proceed to court. However, the implementation of prosecutorial authority often leans towards rigid legal positivism, creating a paradox where procedural certainty is achieved at the expense of substantive justice. Disparities in prosecution demands for similar crimes often lead to public distrust and legal uncertainty for justice seekers. This study aims to analyze the challenges in maintaining legal certainty and proposes a strategy to enhance the prosecutor's role through the integration of Restorative Justice and professional discretion. The research employs a normative juridical method with statutory and conceptual approaches, analyzing Attorney General Regulation No. 15 of 2020. The study finds that enhancing legal certainty requires shifting the paradigm from "mechanical prosecution" to "discretionary prosecution" based on conscience. To achieve this, prosecutors must be equipped with high-level cognitive skills to interpret "certainty" not just as textual compliance, but as the consistent application of fairness.

The Prosecutor's Office of the Republic of Indonesia (Kejaksaan RI) is currently undergoing a significant paradigmatic shift following the enactment of Law No. 11 of 2021. While historically viewed primarily as a prosecution agency (Dominus Litis) in criminal matters, the current legal landscape demands a stronger role in Civil and State Administrative Law (Datun). However, the institutionalization of the Attorney General as the "Supreme Legal Advisor" to the government remains suboptimal, often overshadowed by its repressive functions. This normative ambiguity hinders the state's ability to receive unified and binding legal opinions. This study aims to analyze the normative basis for this transformation and proposes an institutional framework to establish the Attorney General as the sole authority for state legal counsel. The research employs a normative juridical method with statutory and comparative approaches, analyzing the new Prosecutor's Law and comparing it with the Solliciteur-Generaal concept in other jurisdictions. The study finds that the 2021 amendment provides the necessary legal standing for this transformation, but it requires a competency upgrade for prosecutors to handle complex non-litigation issues. Strengthening the Attorney General's role as the Supreme Legal Advisor is essential to ensure legal certainty in government policies and prevent state financial losses.

Cross-national marriages between Indonesian citizens and foreign nationals generate complex legal issues concerning land ownership and citizenship. The Basic Agrarian Law (UUPA) and Citizenship Law No. 12 of 2006 have yet to harmonize their provisions regarding property rights within mixed-nationality marriages. This study aims to analyze the interrelation between land law and citizenship in cross-national marriages and evaluate their legal certainty. The research employs a normative-empirical approach by reviewing statutory regulations, case law, and interviews with land officials. The findings reveal a normative conflict between the prohibition of land ownership by foreign nationals and the constitutional right of Indonesian citizens married to foreigners to acquire joint property rights. Such disharmony leads to legal uncertainty and potential violations of property rights. The study concludes that reforming Indonesia’s land and citizenship law is crucial to accommodate international marriage dynamics and ensure legal certainty for all citizens.

Legal certainty (rechtssicherheit) is a fundamental pillar of the Rule of Law, ensuring that legal provisions are clear, consistent, and predictable. In the Indonesian criminal justice system, the Public Prosecutor holds a central position as the Dominus Litis (the master of the suit), possessing the exclusive authority to determine which cases proceed to court. However, the current implementation of prosecutorial authority often leans towards rigid legal positivism, creating a paradox where procedural certainty is achieved at the expense of substantive justice. Disparities in prosecution demands for similar crimes often lead to public distrust and legal uncertainty for justice seekers. Furthermore, prosecutors often lack the cognitive flexibility to handle complex cases that require discretionary wisdom. This study aims to analyze the challenges in maintaining legal certainty and proposes a strategy to enhance the prosecutor's role through the integration of Restorative Justice and a reform in prosecutorial competency. The research employs a normative juridical method with statutory and conceptual approaches, analyzing Attorney General Regulation No. 15 of 2020. The study finds that enhancing legal certainty requires shifting the paradigm from "mechanical prosecution" to "discretionary prosecution" based on conscience. To achieve this, prosecutors must be equipped with high-level cognitive skills specifically "Creative Thinking" to interpret "certainty" not just as textual compliance, but as the consistent application of fairness.

This research discusses the urgency of establishing a Village Regulation regarding the management of Tuah Benua Market to identify legal issues and the urgency of forming a village regulation. Minister of Home Affairs Regulation Number 42 of 2007 concerning Village Market Management does not specifically regulate market fees, sanctions, and prohibitions on trading outside Tuah Benua Market, resulting in a legal vacuum. This research uses empirical legal methods with direct observation and interviews in the field. The research results are expected to provide recommendations for the formation of effective Village Regulations in the management of Village Markets and support local economic development. The formation of a Village Regulation on the management of Tuah Benua Market is crucial to create legal certainty and improve the management of the Village Market. Village Regulations can regulate prohibitions on trading outside the market area, sanctions for traders who violate, and market fee policies. Thus, Tuah Benua Market can become a orderly, conducive, and beneficial trading center for the surrounding community. Village Regulations must be made considering the needs of the village community and implemented effectively to create a conducive and fair trading environment.

This study offers an in-depth comparative assessment of land registration systems in Indonesia, Malaysia, the Netherlands, and Australia, acknowledging that variations in historical evolution, legal infrastructures, and administrative mechanisms have shaped each country’s approach to land governance. These foundational distinctions play a crucial role in determining how effectively each nation provides legal certainty, secures land ownership rights, and administers land records with accuracy and efficiency. The analysis explores how differing registration models—ranging from deeds-based to title-based systems—impact levels of transparency, reliability, and public trust in land management institutions. Furthermore, the study identifies the strengths, limitations, and operational challenges within each framework, demonstrating that no single system is universally superior. Instead, the effectiveness of land registration practices depends on how well they align with the socio-legal context, institutional capacity, and administrative heritage of each region. The findings emphasize the importance of context-specific policy formulation, suggesting that land administration reforms should not merely replicate foreign models but must be adapted to local legal traditions and governance needs. Overall, this research underscores the necessity of designing land registration systems that enhance legal protection, promote efficient land administration, and strengthen the long-term security of landowners’ rights across diverse jurisdictions.

The development of artificial intelligence capabilities has the potential to facilitate the implementation of preventive measures. In order to mitigate potential risks, this study seeks to examine the legal status of artificial intelligence in Indonesia. The potential for artificial intelligence to function as both the subject and object of law is a salient factor in this analysis. The methodological approach employed is of a normative or doctrinal nature, emphasizing a comprehensive examination of the legal perspective on artificial intelligence. This study encompasses the objectives of progressive legal theory, the theory of legal subjects and objects, and the legal norms that apply in Indonesia. The results of the study indicate that in Indonesia, the prevailing legal framework regarding artificial intelligence (AI) currently categorizes it as an object of law. This implies that the owner, developer, and user of AI bear full responsibility for any consequences that may arise from its use. Advances in technology have led to the development of artificial intelligence capable of performing legal actions that were previously exclusive to humans. Consequently, the establishment of specific regulations pertaining to artificial intelligence is imperative to ensure legal certainty in the future.

The urgency of marriage as an effort to elevate human dignity and sustain life and progeny is regulated in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. The state requires marriage registration to guarantee the validity and legal protection of the rights of married couples and their children. One important provision in this regulation is the determination of the minimum age for marriage, which is 19 years for both men and women. However, in practice, underage marriages, including unregistered marriages, still occur. This study uses a normative-empirical research method, combining written legal analysis with field data to examine the application of laws and regulations in community practice. The results show that underage marriages can be legalized by the Religious Court based on Minister of Religious Affairs Regulation Number 20 of 2019. This regulation provides legal certainty and protection of children's rights, but has also raised controversy regarding the potential legalization of early marriage. This regulation has had a significant impact on the practice of itsbat nikah anak kecil, especially at the Bulango Ulu Religious Affairs Office (KUA), by reducing unregistered marriages. However, challenges in verifying evidence, socio-cultural pressures, and the normalization of early marriage remain major obstacles that must be overcome through education and cross-sector collaboration.

This study examines the complex issue of citizenship in interfaith marriages within Indonesia’s legal and human rights framework. The problem arises from the absence of explicit provisions in national law regarding the civil registration and citizenship consequences of marriages between individuals of different religions. This legal ambiguity often results in unequal recognition, difficulties in registering children’s citizenship, and broader implications for the right to identity. The research aims to analyze how Indonesian marriage law, administrative population law, and judicial interpretations interact with international and constitutional human rights principles. Using a normative juridical method combined with case study analysis and doctrinal review, this study identifies legal inconsistencies between national regulations and the principle of non-discrimination guaranteed under human rights law. The findings indicate that judicial practices, such as post-SEMA No. 2 of 2023 rulings, show a gradual shift toward balancing legal certainty with human rights protection, although disparities persist across jurisdictions. The study concludes that reform is required to clarify the status of interfaith marriages and to protect the citizenship rights of all parties involved, including children. It recommends that legislators harmonize marriage and citizenship laws with constitutional mandates and human rights instruments to ensure equality before the law, legal certainty, and respect for individual freedoms.

This academic paper provides a comprehensive analysis of mixed marriages and the legal status of children within the context of Indonesian International Private Law. The study meticulously explores the formal definition of a mixed marriage, establishing it as a legal union between individuals of different citizenships, thereby subject to intersecting national legal systems. The research delves into the specific regulatory framework governing Mixed Marriages in Indonesia, with a critical examination of Law No. 1 of 1974 on Marriage and its implementing regulations. A significant portion of the analysis is dedicated to the intricate legal aspects concerning the child's status in a mixed marriage. This encompasses a detailed discussion on the child's citizenship, governed by the principle of ius sanguinis under Law No. 12 of 2006 on Citizenship, which creates potential for dual citizenship and subsequent legal complexities. The paper further investigates the fundamental rights and obligations of the child, affirming that these must be upheld irrespective of parental nationality, including the inalienable right to a legal identity, parental care, and formal education. Concurrently, the research outlines the concomitant parental obligations in a mixed marriage, which are paramount and include the provision of nurture, guidance, and comprehensive protection for the child's well-being. The study concludes with a critical evaluation of the practical implementation of these mixed marriage law aspects in Indonesia, identifying discernible gaps between statutory provisions and their real-world application. It underscores persistent challenges in juridical practice and administrative consistency, ultimately highlighting the ongoing pursuit of complete legal certainty for binational families navigating the Indonesian legal landscape.

The return of state financial losses does not eliminate the criminal penalty for perpetrators of corruption. However, differences in the application of Restorative Justice in corruption cases have created legal uncertainty, especially in resolving corruption cases that involve relatively small state financial losses. This study aims to examine and analyze the implementation of Restorative Justice for perpetrators of corruption in the management of village funds, which are often caused by administrative errors, lack of understanding, or weak supervision rather than intentional acts of enrichment. This type of research is Doctrinal, using the statute approach, namely legal research that focuses on the application and interpretation of normative legal provisions (laws and regulations) as well as a theoretical concept approach to understand justice in a restorative framework. The resolution of village fund corruption cases with small losses should ideally prioritize recovery of losses and community restoration, but cannot eliminate the criminal aspect entirely, so clear legal guidelines are needed to ensure fairness and legal certainty.

This study explains the relationship between law, legal science, and regulations in building a national legal system that is effective, fair, and responsive to societal needs. As a state based on the rule of law, Indonesia utilizes law as the basis for regulating all aspects of national and state life. Legal science plays a crucial role as a guide in the law-making process, from planning, drafting, deliberation, ratification, and evaluation. This study uses a normative juridical approach by studying various legal theories, such as the Stufenbau des Recht (The Law of Law) by Hans Kelsen and Hans Nawiasky, the theory of law as a tool for community development by Roscoe Pound, and the principles contained in Law Number 13 of 2022 concerning the Formation of Legislation. The results show that legal quality is highly dependent on the application of legal science principles, such as clarity of purpose, transparency, and public participation. However, challenges remain, such as poor coordination between institutions, low-quality academic papers, and minimal public participation in the legislative process. Therefore, the consistent application of legal science is essential to produce legal products that are consistent, non-contradictory, and capable of guaranteeing justice and legal certainty. In conclusion, collaboration between law, legal science, and legislation is key to creating a democratic national legal system based on Pancasila and the 1945 Constitution.  

A will is a legal instrument that enables an individual to determine the distribution of their assets after death. One type recognized in the Indonesian Civil Code (KUHPerdata) is the closed will (testament olograph), written or signed confidentially by the testator and submitted to a notary before four witnesses. This form of will emphasizes secrecy and the protection of the testator’s final intentions, requiring a clear legal framework to ensure its validity and lawful execution. Within this framework, the Balai Harta Peninggalan, or Heritage Hall, functions as a state institution responsible for receiving, safeguarding, unsealing, and executing closed wills after the testator’s death. The institution’s role ensures that the process is orderly, transparent, and legally compliant. This study examines the procedural mechanism for administering closed wills by the Balai Harta Peninggalan, covering the stages from unsealing to execution in accordance with statutory provisions. Using a normative juridical method with statutory and conceptual approaches, the research analyzes the Civil Code, implementing regulations, and legal literature. The findings show that the execution of closed wills under Balai Harta Peeninggalan’s authority is well regulated under Indonesian law and plays a key role in ensuring legal certainty and protecting heirs’ rights. However, administrative obstacles and low public awareness remain significant challenges.

Business entities often face bankruptcy risks due to various factors, including accounting errors, limited experience, or small-cap transactions. The COVID-19 pandemic exacerbated financial conditions for many companies, such as PT Garuda Indonesia (Persero) Tbk., which experienced a significant revenue decline. Additionally, individuals may face bankruptcy due to reasons like job termination or business failures. The primary cause of bankruptcy lies in the imbalance between debt and income, often worsened by poor financial planning. Government regulations can help mitigate bankruptcy risks, such as through health insurance and credit restrictions. The bankruptcy process aims to provide fair resolutions between debtors and creditors while safeguarding public interests. Bankruptcy can also offer debtors the opportunity to restructure their debt, maintain economic stability, and prevent social loss. In practice, bankruptcy involves the management of the debtor's assets by a trustee and the proportional distribution of proceeds to creditors. The application of freedom of contract and legal certainty principles in debtor-creditor relationships is crucial to ensuring a transparent, efficient, and equitable process.

Artificial intelligence (AI) has developed rapidly in recent years, making judgments and executing tasks in ways comparable to decisions made by the human brain. These technological advances allow AI to replace or complement human work in various fields, but they also raise complex legal questions regarding accountability for the actions it performs. This study employs a normative juridical research methodology, which emphasizes the analysis of laws and regulations, concepts, principles, and legal theories, using literature as the primary data source. The findings show that AI, despite its advanced capabilities, remains a legal object rather than a legal subject. In accordance with Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions in Indonesia, AI cannot be considered a legal entity with independent rights and obligations. Consequently, AI cannot be held legally accountable for its actions, as it operates under human creation, programming, and direction. Responsibility for any consequences arising from the use of AI lies with the individuals or institutions that develop, operate, and control it. This study highlights the importance of establishing a clear legal framework to regulate AI applications, ensuring that technological innovation aligns with legal certainty and accountability. It concludes that while AI may imitate human decision-making, it lacks autonomy in the legal sense and therefore cannot bear responsibility under positive law.

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

The execution of Mortgage Rights (Hak Tanggungan) represents legal certainty as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Execution of the collateral object can be carried out through private sale, parate execution, or based on an executorial title. This mechanism reflects good faith and trust between the creditor and debtor in a lending agreement. In line with Sharia principles, the murabahah financing contract also allows for collateral (rahn tasjily), granting the creditor the authority to execute the collateral object if the debtor defaults. This study aims to analyze the implementation of Mortgage Rights execution in Sharia financing, specifically under the murabahah contract. The method used is normative juridical research with a descriptive approach, employing statutory and case study analysis, and based on literature and relevant regulations. The results indicate that land rights can serve as collateral under Mortgage Rights in Sharia financing. This is confirmed in the Supreme Court Decision Number 179K/Pdt/2017, which serves as jurisprudential precedent for Decision Number 3/Yur/2018, where the collateral is executed through a Deed of Granting Mortgage Rights. The position of the creditor in a murabahah contract is equivalent to that in conventional financing, as confirmed in the DSN-MUI Fatwa, thus the creditor retains the right to execute even if the debtor defaults before the due date.

Legal problems in the land inheritance process often arise when inherited land has been registered in the name of another party. This study aims to examine the procedure for registering inherited land that has been issued a Certificate of Ownership (SHM) on behalf of other parties, as well as the form of legal protection for heirs. The research uses a normative juridical approach with a literature study method based on primary, secondary, and tertiary legal materials. The approaches used include legislative, conceptual, analytical, and case approaches. The analysis of legal materials is carried out through grammatical, systematic interpretation, analogous construction, and legal refinement construction. The results of the study show that the registration of inherited land must be carried out by the entitled heirs, especially for land that has not been certified. Registration is carried out sporadically as a form of registration for the first time. Legal protection for heirs is obtained preventively through the land registration process, and repressively in the event of arbitrary actions from other parties or government agencies. This research emphasizes the importance of legal certainty in the process of registering inherited land and the protection of the rights of heirs so that they are not harmed by the existence of other parties' certificates. This effort is part of the fair and transparent enforcement of agrarian law in Indonesia.

Notarial deeds as authentic instruments hold a crucial role in Indonesia’s civil law evidence system, providing perfect proof under Article 1868 of the Civil Code. However, in practice, such deeds are often denied by one party in court, raising debates about the certainty of their evidentiary power. This study examines the legal consequences of denying a notarial deed for the parties in litigation and the assurance of legal certainty for those holding such deeds. Using R. Soeroso’s Theory of Legal Consequences and Jan Michael Otto’s Theory of Legal Certainty, this normative juridical research employs statutory, conceptual, analytical, and case approaches, with literature-based data collection and interpretative legal analysis. The findings reveal that denial of a notarial deed may create new legal relationships, alter good-faith relations into disputes, and result in sanctions imposed by court rulings. Meanwhile, legal certainty remains guaranteed, as authentic deed regulations are clear, binding, and enforceable, serving as a guideline in resolving disputes and upholding sanctions.  

This study aims to analyze the application of the doctrine of vicarious liability in the liability of hospitals for medical malpractice lawsuits in Indonesia. The increasing number of medical disputes raises questions regarding the extent to which hospitals can be held responsible for the negligence of medical personnel working under their authority. This research employs a normative juridical method with statutory, conceptual, and case approaches, by examining the Indonesian Civil Code, Law No. 44 of 2009 on Hospitals, Law No. 17 of 2023 on Health, and relevant court decisions. The findings reveal that, normatively, hospitals can be held accountable under Article 1367 of the Civil Code, which aligns with the doctrine of vicarious liability (Black, 2019). However, judicial practice in Indonesia remains inconsistent: in some cases judges place liability on hospitals, while in others they hold individual doctors fully responsible (Budiman, Absori & Rizka, 2023; Vitrianingsih, Miarsa & Yahya, 2025). This inconsistency demonstrates a gap between normative regulation and juridical implementation. The novelty of this study lies in emphasizing the importance of the principle of justice in applying vicarious liability. Legal protection should not be limited to written norms but must also be substantive by balancing patients’ rights to safe and quality healthcare with the rights of medical personnel and hospitals to legal certainty. This is in line with Rawls’ (1971) concept of justice as fairness and Radbruch’s (2006) idea of balancing justice, legal certainty, and expediency.