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The establishment of the age limit for children up to 18 years in Indonesian law is a normative instrument that aims to ensure legal certainty and child protection. This provision is adopted in various laws and regulations as a form of the state's commitment to fulfilling children's rights. However, in law enforcement practice, the application of this age limit often causes problems when faced with the dynamics of actual cases that reveal a discrepancy between the normative age and the social, psychological, and factual conditions of the child. This condition creates tension between the legal-formal approach that emphasizes legal certainty and the need for substantive justice oriented towards the best interests of the child. This study aims to analyze the problems of applying the age limit of 18 years in the context of actual cases and to examine how the tension between legal certainty and the reality of children is reflected in law enforcement practices in Indonesia. The research method used is normative legal research with a legislative and conceptual approach, as well as normative qualitative analysis. The results of the study show that the rigid application of the age limit for children has the potential to ignore the contextual aspects of children and give rise to inconsistencies in practice. Therefore, a more contextual legal approach is needed through strengthening the discretion of law enforcement officials and progressive interpretation by judges in order to achieve substantive justice and optimal protection for children.

Land registration is a crucial mechanism in realizing legal certainty over land rights, particularly land with ownership status (hak milik). The Basic Agrarian Law (Undang-Undang Pokok Agraria/UUPA) Number 5 of 1960 explicitly regulates land registration as an effort to provide legal protection and certainty of rights for landowners. The purpose of this study is to understand the procedures of land registration for ownership rights to ensure legal certainty for landholders, as well as to identify the obstacles encountered in the registration process that hinder the achievement of such certainty. This study employs a normative legal research method by examining primary and secondary legal materials. The research focuses on analyzing regulations related to land registration to provide legal certainty, in accordance with the provisions of the Basic Agrarian Law (UUPA) No. 5 of 1960 and its implementing regulations, such as Government Regulation No. 24 of 1997 concerning Land Registration. The findings of this study indicate that the procedures for land registration both sporadic and systematic (through the Complete Systematic Land Registration Program or PTSL) function to ensure legal certainty and protect ownership rights. However, several challenges arise in its implementation, including low public awareness, land disputes or overlapping ownership claims, limited resources at land offices, and financial and time constraints. Therefore, to achieve the intended objectives, improvements in the administrative system of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) are required, along with increased public awareness regarding the importance of land certification.

This study aims to analyze the effectiveness of Law Number 10 of 2009 on Tourism in relation to tourism actors in Indonesia. The enactment of this law is intended to provide legal certainty, protection, and development opportunities for business actors, tourists, and the community in supporting sustainable tourism development. The research employs a normative-empirical legal method with statutory and conceptual approaches. Data were collected through literature review and field observation to assess the extent to which the legal norms contained in the Tourism Law are implemented in practice. The findings reveal that the law has provided an important normative framework for the recognition of rights, capacity building, and protection of tourism actors. Nevertheless, structural challenges such as limited access to capital, low human resource competence, and the suboptimal implementation of legal protection and social security remain significant obstacles. Therefore, strengthening strategies are required through digitalization, training and certification, facilitation of MSMEs, and pentahelix synergy involving government, academia, business actors, communities, and the media. Through these measures, the implementation of the Tourism Law is expected to foster a tourism ecosystem that is competitive, inclusive, and sustainable at the local, national, and global levels.

A land certificate serves as the strongest form of ownership evidence; however, conflicts over physical possession frequently occur, leading to legal uncertainty. This study examines the legal protection afforded to legitimate owners of land certificates whose land is unlawfully possessed by third parties. The 1945 Constitution of the Republic of Indonesia guarantees and protects the rights of Indonesian citizens, including their rights to acquire, own, and enjoy land ownership. The research employs a normative juridical method by analyzing relevant laws and regulations, such as the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 24 of 1997 concerning Land Registration. The data sources used in this study consist of both primary and secondary materials. The main issues addressed include the form of legal protection available to land certificate holders whose land is unlawfully controlled by third parties, and the legal remedies that may be pursued by the rightful owners to reclaim their rights. The findings indicate that legal protection for land certificate holders can be implemented through both preventive and repressive measures. Preventive protection is achieved through a land registration system that ensures legal certainty, while repressive protection is pursued through dispute resolution mechanisms in court. These mechanisms are expected to safeguard the rights of landowners and ensure the realization of legal certainty in a fair and equitable manner.

This study examines the transformation of Fixed-Term Employment Agreements (PKWT) in East Java within the context of Indonesia's flexible economy era, particularly following the enactment of the Job Creation Law (UU Cipta Kerja No. 6/2023). The research analyzes the legal protection challenges faced by contract and outsourcing workers in East Java Province from 2020–2025. Using a normative juridical approach combined with empirical data from the Central Statistics Agency (BPS) and the Ministry of Manpower, this study reveals that despite regulatory improvements, significant gaps remain in the implementation of labor protection. Key findings indicate that contract workers in East Java, estimated at 59.17% of the informal workforce in 2024, face uncertainties regarding contract duration, compensation rights, and social security. The study recommends strengthening supervision mechanisms, clarifying regulations on gig economy workers, and enhancing bipartite negotiation processes to ensure balanced protection between business flexibility and workers' fundamental rights, while also promoting legal certainty and sustainable employment relations in the regional labor market.

The rapid development of e-commerce as part of the broader digital transformation has introduced various new forms of transactions that were not explicitly recognized in classical Islamic jurisprudence. These include digital contracts, non-physical goods, cloud-based services, and electronic payment systems. Such innovations present a range of legal challenges, particularly concerning the validity of contracts, the legal status of digital products, the permissibility and security of electronic payment methods, and the protection of consumers in online transactions. To address these challenges, Islamic scholars have increasingly turned to ijtihad the process of independent reasoning and interpretation—as a methodology capable of providing legal solutions for contemporary issues. This study employs a qualitative approach, primarily through literature review, to examine the foundational principles of ijtihad, various methodological tools, and their applicability to different aspects of e-commerce transactions. The findings demonstrate that ijtihad methods, including qiyās (analogical reasoning), istislāh (consideration of public interest), istihsān (juridical preference), and ‘urf (customary practice), enable Islamic law to remain adaptive and flexible, while still oriented toward justice and public welfare. By applying these methods, Islamic jurisprudence can provide legal certainty, uphold fairness, and ensure that e-commerce practices align with Shariah principles, ultimately fostering trust and ethical behavior in the digital marketplace.

Employment agreements are essential legal instruments that regulate the rights and obligations of workers and employers in industrial relations, aiming to ensure legal certainty and balance. In practice, however, the implementation of employment contracts often faces challenges such as differing interpretations, unequal bargaining positions, and inconsistent application of labor regulations. These issues require an effective and constructive dispute resolution mechanism that can address contractual problems while preserving employment relationships. In the Indonesian labor law system, mediation is recognized as a key non-litigation mechanism facilitated by government-appointed mediators to help parties reach mutually acceptable solutions. This study examines the mediation mechanism for resolving employment agreement disputes in Indonesia and analyzes its role as an alternative to court proceedings that emphasizes deliberation, efficiency, and cooperation. Using a normative legal research method with statutory and conceptual approaches, the study analyzes relevant labor laws, mediation regulations, and legal doctrines through a comprehensive literature review. The findings show that mediation is conducted through structured stages, including dispute registration with labor authorities, mediator appointment, facilitated negotiations, and the formulation of agreements or written recommendations. Mediation effectively promotes consensual solutions, reduces procedural complexity, and encourages cooperative communication. It also supports the preservation of harmonious and sustainable employment relationships by prioritizing consensus over adversarial processes. Strengthening mediator competence and improving legal awareness among workers and employers are therefore crucial to optimizing the effectiveness of mediation in resolving employment agreement disputes in Indonesia.

Background: The rapid development of blockchain technology and smart contracts has fundamentally transformed contractual relationships by shifting the role of human interpretation and enforcement toward automated, code-based, and decentralized systems. This transformation generates complex legal implications, particularly regarding the evolution of contractual liability, which is increasingly distributed and no longer centered on a single legal subject. Objective: This study aims to analyze the evolution of contractual liability in smart agreements and examine how such transformation affects the fundamental principles of traditional contract law within modern legal systems. Methods: This research employs a normative and conceptual legal approach, supported by an analysis of blockchain regulations across multiple jurisdictions, case studies of smart contract implementation, and a comparative legal analysis between civil law and common law systems, complemented by a multidisciplinary literature review. Results: The findings indicate that contractual liability in smart agreements has evolved from a centralized fault-based liability model to an algorithmic, distributed, and code-dependent liability structure within blockchain ecosystems. This evolution creates new legal challenges concerning the attribution of liability, legal certainty, and the limitation of judicial intervention in automated contractual arrangements. Furthermore, the study identifies a tension between technological efficiency and substantive legal justice, highlighting the need for adaptive legal frameworks capable of accommodating decentralized technologies while ensuring the protection of legal rights and accountability of involved parties.

The pluralistic development of Indonesian national law creates a dynamic relationship between national civil law and customary law, including in the context of resolving inheritance disputes in Chinese families who adhere to patrilineal traditions. Supreme Court Decision No. 1204 K/Pdt/2024 shows that there is a tension between legal certainty under the Civil Code and substantive justice originating from living law. This research aims to analyze the judge's interpretation of family documents as a basis for inheritance rejection, inheritance sharing mechanisms that ignore Chinese customary norms, and their implications for legal pluralism in Indonesia. The method used is normative juridical with a case study approach and a descriptive-analytical legislative approach, using literature studies of primary, secondary and tertiary legal materials. The results showed that the ruling applied neither the Civil Code nor the principle of Chinese customary inheritance consistently. The family declaration on which the judge relied was not actually a refusal of inheritance, but an internal agreement granting authority to the testator. Moreover, the distribution of inheritance carried out is not in accordance with the principle of patrilineal custom which places the eldest son as the recipient of the largest share. This finding shows the weak application of legal pluralism (weak legal pluralism) and reveals the gap between das sollen and das sein, so it is necessary to strengthen the role of judges in exploring the traditional values that live in society.

Divorce is a social phenomenon that is increasingly common and has various social, economic, and psychological impacts, especially for women as the most vulnerable party. Divorce not only results in changes in the legal status of husband and wife, but also affects the emotional condition and social well-being of women after the end of the marriage bond. From an Islamic legal perspective, the 'iddah period functions as a protection mechanism for women after divorce, which aims to maintain honor, ensure clarity of pregnancy conditions, and provide certainty of legal status. However, in practice there are conditions that resemble the 'iddah period without fully fulfilling the formal provisions of Islamic law, known as Syibhul 'Iddah, due to the unclear status of divorce or differences in legal interpretation. This concept has an important role in protecting women's rights, especially regarding livelihood, residence, and legal certainty after divorce. This study uses a library research method with a normative legal approach. Data were collected through a review of primary, secondary, and tertiary legal materials, including the Qur'an and Hadith, Islamic jurisprudence literature, laws and regulations such as the Compilation of Islamic Law, and relevant journals and scholarly works. Data analysis was conducted qualitatively using descriptive-analytical methods to examine the concept of Syibhul 'Iddah and its implications for the protection of women's rights after divorce.  

The phenomenon occurring in society regarding deeds of sale and purchase drawn up by land deed officials that contain material defects is certainly contrary to what is stipulated by law. Thus, the research questions are: What are the legal consequences of a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official? and How does a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official arise? In this study, the researcher uses Otto Jan Michael's theory of legal certainty and R. Soeroso's theory of legal consequences. The research method used in this study is normative juridical research janis, namely legal research with literature studies. The research approaches used are legislation, conceptual approach, analytical approach and case approach. The technique of collecting legal materials is by identifying and inventorying positive legal rules. Literature, journals and other sources of legal materials. For the analysis technique of legal materials, it is carried out by grammatical interpretation, systematic interpretation, analogy construction and legal refinement construction. The results of this study found the conclusion that the legal consequences of the sale and purchase deed being carried out unilaterally made before PPAT caused the sale and purchase deed to not have legal certainty. Although the sale and purchase deed was made formally by and before PPAT, the legal action contained a material defect, and was canceled by the court, there was also a legal relationship between the legal subjects, the cancellation showed legal certainty, but gave birth to a lawsuit due to unlawful acts, and the legal certainty of the sale and purchase deed made by PPAT contained material defects making PPAT not have binding legal force which resulted in unilateral The sale of land must be done by mutual agreement or known to both parties, in addition to having no legal force, the deed is canceled by the court. Thus, the cancellation of the sale and purchase deed contains a material defect in the court, providing legal certainty for matters that are not in accordance with the applicable provisions of the law.

This study aims to examine the analysis of unilateral contract termination. The method used in this study is normative juridical. The approaches used in this study are the statutory approach and the conceptual approach. The results of this study indicate that the provisions for contract termination as stipulated in Article 1338 paragraph (2) of the Civil Code should not override the provisions of Article 1266 of the Civil Code, which governs the conditions for annulment in reciprocal agreements. Termination clauses in contracts are generally unilateral, disregarding the provisions of Article 1266 of the Civil Code. The Civil Code does not explicitly regulate the distinction between damages resulting from breach of contract and damages resulting from unlawful acts. Therefore, what is needed is a clear understanding of the concept of contract termination, so that in the future there will be regulations that provide legal certainty to the parties involved.

The homicide arising from the victim’s refusal to terminate her pregnancy presents a crucial issue regarding how the element of intent is constructed within Indonesian criminal law. This study originates from the need to examine the extent to which the offender’s motive triggered by anger after the victim declined his request for an abortion may influence the classification of dolus in the act of killing. The objective of this research is to describe the characteristics of intent in the perpetrator’s actions, determine whether the incident meets the criteria of dolus directus, dolus indirectus, or dolus eventualis, and assess the role of motive in shaping criminal liability. The method employed is normative legal research using a case approach and a statute approach, supported by the analysis of comparable court decisions and criminal law doctrines concerning the element of intent. The research findings indicate that the perpetrator’s deliberate assault on the victim after she rejected the request to terminate the pregnancy can be categorized as dolus directus, as he both realized and desired the lethal outcome of his conduct as an expression of anger. The motive related to the refusal of pregnancy responsibility does not negate intent; rather, it merely serves as a trigger for the criminal act. Thus, the element of intent in this case can be firmly constructed through an assessment of the perpetrator’s will, awareness, and conduct, thereby ensuring the accurate application of homicide provisions and providing legal certainty regarding the limits of criminal liability in pregnancy-related conflicts.

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

The purpose of this study is to analyze the settlement of criminal cases on the liability of parents for negligence that results in minors becoming perpetrators of traffic accidents. This type of research is normative legal research with a statutory approach, a case approach and a conceptual approach. The analysis used in this study is a descriptive analysis. has not explicitly regulated the criminal liability of parents for accidents committed by children, although Civil Code Article 1367 has provided a basis for civil liability, and the new Criminal Code through Article 37 opens up opportunities for the application of the principle of vicarious liability. This study recommends the need to reconstruct the Indonesian criminal law regulation which explicitly establishes a model of parental criminal responsibility based on the principle of vicarious liability and the principle of Radbruch legal certainty, without overriding the principle of child protection in the SPPA Law.

Medical emergency services demand swift and precise action; however, medical personnel are often hindered by the risk of criminalization resulting from unintended outcomes. Although Law Number 17 of 2023 concerning Health mandates the provision of assistance, the regulation has not yet provided explicit criminal protection for good-faith rescuers, thereby triggering the practice of defensive medicine. This study aims to examine the implementation of the Good Samaritan Law (GSL) concept as an alternative legal protection for health workers. The research methods employed are juridical-normative and juridical-empirical, utilizing statutory, comparative, and case approaches. The findings indicate that current regulations, including Article 531 of the Criminal Code (KUHP) and Law No. 17/2023, have limitations as they emphasize the obligation to assist rather than the protection of the rescuer. In comparison, the international GSL concept offers a standard of "limited immunity," which explicitly protects rescuers from civil and criminal liability, provided the actions are performed without gross negligence. The impact of implementing GSL in Indonesia is projected to provide stronger legal certainty than existing regulations, reduce the psychological burden on medical personnel in emergency situations, and encourage social solidarity without the fear of unnecessary lawsuits. The study concludes that the adoption of GSL is an urgent legal reconstruction to ensure the professional protection of health workers in Indonesia.

The enactment of Law Number 1 of 2023 concerning the Criminal Code brought fundamental changes to the regulation of the crime of adultery in Indonesia. The expansion of the scope of criminalization, including regulations regarding extramarital relationships, has given rise to debate regarding its compliance with the principles of the formation of laws and regulations and its impact on criminal law enforcement. This study aims to analyze the provisions of the adultery article in the new Criminal Code from the perspective of the principles of the formation of laws and regulations and assess its implications for the effectiveness of the criminal justice system. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively and juridically. The results show that the regulation of the crime of adultery in the new Criminal Code has a clear normative purpose, but still leaves issues regarding the clarity of formulation, legal certainty, and potential human rights violations. Furthermore, the application of the adultery article has the potential to create obstacles in law enforcement practices, particularly related to evidence, caseload, and the legitimacy of the criminal justice system. Therefore, further evaluation is needed to ensure that these regulations align with the principles of sound legislative development and ensure legal justice.

Indonesia constitutionally declares itself as a state based on the rule of law as mandated in Article 1 paragraph (3) of the 1945 Constitution after the amendments. This principle requires that governance and law enforcement be conducted under constitutional supremacy, legal certainty, equality before the law, and an independent judiciary. However, various political interferences, regulatory inconsistencies, and discriminatory legal practices continue to undermine these ideals. This research examines: (1) the effectiveness of the hierarchy of legislation and judicial review mechanisms by the Constitutional Court (MK) and the Supreme Court (MA) in preventing regulatory conflicts and discriminatory law enforcement; and (2) the extent to which the rule of law principle post-amendment has been manifested in equal protection before the law and judicial independence. Using a normative legal research method with statute, conceptual, case, and historical approaches, this study finds that although constitutional reforms have strengthened checks and balances and judicial authority, the persistence of selective and politically influenced law enforcement indicates that equality before the law has not been consistently implemented. Strengthening institutional integrity, improving regulatory harmonization, and ensuring the judiciary’s independence remain crucial to realizing Indonesia’s constitutional aspirations as a democratic state governed by the rule of law.

Indonesia’s civil dispute resolution system remains dominated by an adversarial litigation model that prioritizes legal certainty but often neglects the relational and emotional dimensions underlying conflicts. Yet, in many cases such as family, inheritance, or neighborhood disputes the restoration of social relationships is as crucial as formal legal resolution. This study explores the potential integration of restorative justice principles into Indonesia’s civil procedural law as an alternative approach centered on dialogue, accountability, and reconciliation. Employing a normative-juridical approach and qualitative analysis of primary and secondary legal sources, the research finds that restorative justice values align not only with Indonesia’s living law traditions such as musyawarah (deliberative consensus) and customary dispute resolution but also with existing provisions in civil procedure codes. Accordingly, the study proposes the Structured Restorative Mediation (SRM) Model, a procedural framework that embeds restorative principles into both court-annexed and community-based mediation. This model prioritizes relational healing while upholding legal certainty and procedural fairness. Its successful implementation requires regulatory support, enhanced mediator training, and institutional strengthening of community-based dispute resolution bodies. Thus, integrating restorative justice is not merely an innovation but a structural necessity for a more humane, inclusive, and holistically just legal system.

This study examines the renewal of the Criminal Procedure Code (KUHAP) Baru as an effort to synchronize with the Criminal Code (KUHP) 2023, as well as analyzing crucial articles that potentially cause legal uncertainty in the criminal justice process in Indonesia. Using a juridical-normative method with a descriptive-analytical approach, this research analyzes secondary data from primary, secondary, and tertiary legal materials. The results show that KUHAP Baru successfully addresses some of the mismatches with KUHP 2023 through regulations on alternative punishments, corporate accountability, and protection for vulnerable groups, but still faces conceptual and technical challenges such as legislative disharmony and minimal public participation. On the other hand, crucial articles such as Articles 5, 16, 74, 90, 93, 105, 112A, 124, 132A, and 137A pose risks of legal uncertainty due to the expansion of law enforcement authority without adequate oversight, which can violate the due process principle and human rights. The study's conclusion emphasizes the need for further revisions to strengthen legal certainty and harmonize the criminal justice system.