Publication Search

In contemporary legal systems, social conflict between the state and indigenous communities is a complicated matter, especially when it comes to the acknowledgement and defense of indigenous peoples' rights to land, natural resources, and cultural identity. Indigenous peoples' rights, which before the establishment of the modern state, are frequently disregarded by imbalances in official policies that prioritize development interests. In this context, legal reconciliation is a relevant approach to resolving these conflicts in a just and sustainable manner. Legal reconciliation emphasizes the integration of customary law into the national legal system and the harmonization of state policies and the interests of indigenous peoples to create a more inclusive legal order. The study of legal standards relevant to resolving disputes between the state and indigenous peoples is the main emphasis of this research, which employs a normative juridical approach. The approach used in this research includes an analysis of national legislation, international legal instruments related to indigenous peoples' rights, and relevant legal doctrines. Using a statute approach and a conceptual approach, this research explores how legal reconciliation can be implemented in resolving social conflicts. Furthermore, this research highlights the role of legal principles such as restorative justice, legal pluralism, and recognition of indigenous peoples' rights in developing more effective conflict resolution mechanisms. This analysis is expected to establish a strong legal foundation for promoting more inclusive and socially just legal policies for indigenous peoples.

Discrimination in the workplace is a problem that can hinder the creation of a fair and inclusive work environment. Discrimination can take the form of differential treatment of employees based on gender, race, religion, disability, sexual orientation, or other factors unrelated to individual performance and competence. To address this issue, the law plays a crucial role in providing employee protection to ensure equality and non-discrimination in the workplace. Various legal instruments, both national and international, regulate employee protection from discrimination, including the Employment Law, the Human Rights Law, and conventions issued by the International Labour Organization (ILO). However, the effective implementation of these regulations remains a challenge, particularly in terms of implementation, enforcement, and employee awareness of their rights. This study aims to analyze the role of law in protecting employees from discrimination in the workplace by examining applicable regulations and the challenges in their implementation. The research method used is a normative juridical method, which focuses on the study of relevant laws and legal principles. The analysis is conducted on national legal provisions and international legal instruments as references for protecting workers from discrimination. Furthermore, this study identifies barriers to legal implementation and offers recommendations to improve the effectiveness of legal protection for employees. This analysis is expected to provide insight into the urgency of regulatory reform and strengthening so that the law can play an optimal role in creating a fairer and more discrimination-free work environment.

This study examines the systemic transformation of Japan’s refugee and immigration policy from 2021 to 2025, exploring how humanitarian paradigms have been superseded by state security considerations. The research aims to analyze how Japan constructs refugees as an existential threat to legitimize its restrictive reception regime, synthesizing Realism and Constructivism to explore the intersection of securitization, national interest, and identity. Methodologically, this paper employs a qualitative interpretive case study by integrating Ruth Wodak’s Discourse-Historical Approach (DHA) and Interpretive Process Tracing (IPT) to examine government texts, policy documents, and parliamentary debates. The findings reveal a profound policy asymmetry driven by intersubjective threat framing and institutionalized topoi (abuse, threat, law and order). Ukrainian displaced persons are positively categorized as evacuees (hinanmin) to align with G7 geopolitics, whereas traditional asylum seekers are pejoratively labeled as "repeated applicants" and framed as threats to public order, social harmony (wa), and ethnic homogeneity (tan’itsu minzoku). This discursive construction successfully legitimizes extraordinary measures within the 2023 amendment of the Immigration Control and Refugee Recognition Act (ICRRA), including the abolition of automatic deportation suspensions and the expansion of a surveillance state via alternative monitoring (kanri sochi). Ultimately, this study demonstrates that international norm compliance is deeply mediated by domestic cultural appropriateness (nihonjinron). It implies the necessity for future ethnographic research on grassroots impacts and suggests transparent asylum evaluation metrics aligned with non-refoulement principles.

This study aims to analyze the Cambodian government's efforts to address human trafficking from a human security perspective. It employs a qualitative descriptive approach, utilizing secondary data from relevant journals, reports, and academic publications. The findings indicate that human trafficking in Cambodia has evolved into a hub for digital-based fraud linked to transnational cybercrime networks. Victims face not only labor exploitation but are also coerced into participating in online fraudulent activities, such as romance scams. This surge in human trafficking is driven by weak law enforcement, high levels of corruption, low public digital literacy, and the rapid expansion of the online gambling industry and special economic zones, which serve as operational bases for criminal activities. The Cambodian government has implemented various measures regarding prevention, protection, and law enforcement through regulations, international cooperation, victim rescue operations, and anti-fraud campaigns. However, the effectiveness of these policies remains limited due to the state's constrained capacity and the ability of criminal networks to continuously adapt to advancements in digital technology. The study concludes that addressing human trafficking in Cambodia requires strengthened governance, more intensive international cooperation, and improved public digital literacy.

This study examines the urgency of foreign nationals' (WNA) legal status and visa compliance in the vehicle rental business in Bali, as well as its impact on business disputes involving local entrepreneurs. The increasing number of international tourists visiting Bali has spurred the growth of vehicle rental services, yet it has also given rise to illegal practices by foreign nationals such as misuse of tourist visas for commercial purposes, tax evasion, and unfair business competition. This research adopts a normative juridical method using statute, conceptual, and case approaches, referring to key legal documents including Law No. 6 of 2011 on Immigration, Law No. 6 of 2023 on Manpower, Ministerial Regulation No. 21 of 2016, and Bali Regional Regulation No. 5 of 2016 on Tour Guiding. The findings highlight the vulnerability of rental contracts under Article 1548 of the Indonesian Civil Code, risks of breach of contract, and widespread violations of the Electronic Traffic Law Enforcement (ETLE) system, the penalties of which are imposed on rental owners. Nationality disparities and weak immigration oversight further undermine the effectiveness of law enforcement. This study concludes that legal protection for local business actors relies heavily on the legal clarity of WNA status, the appropriateness of 1 visa categories, and strong inter-agency coordination. The novelty of this research lies in integrating legal analysis of WNA legitimacy with a dispute resolution framework specific to the vehicle rental sector in Bali’s tourism landscape a perspective that has been largely overlooked in prior studies. The recommendations include strengthening rental contracts, enhancing coordinated supervisory mechanisms, and harmonizing civil and criminal law to establish a stronger deterrent effect.

The use of AI in today’s era has significantly expanded across various sectors of life, including the education sector. The use of AI in education is quite helpful in improving the quality of learning by providing innovative teaching materials, real-time feedback, and fostering student creativity; however, in practice, there are numerous instances of misuse of AI, such as for criminal activities. Such practices are clearly counterproductive to the learning process and threaten the quality of the nation’s future generations. The objective of this community service initiative is to deepen students’ understanding of AI from a legal perspective and to enhance the quality of learning. The methods employed include participatory-based education, encompassing lectures, Q&A sessions, and statements of commitment. The results of this community service initiative include an enhanced understanding of AI and its proper use. Additionally, students have committed to using AI ethically, in accordance with existing legal frameworks, and with a focus on improving the quality of learning without compromising their foundational and social skills, so that in the future they can compete effectively both nationally and internationally.

Economic globalization has significantly transformed patterns of labor relations and expanded cross-border labor mobility. These developments necessitate alignment between national labor laws and international labor standards. The International Labour Organization plays a leading role in establishing global standards through various labor conventions and recommendations. This study aims to examine the concept of harmonizing national labor laws with international standards, assess its implementation in Indonesia, and identify the challenges faced. The study employs a normative legal method using legislative, conceptual, and comparative approaches. The results indicate that Indonesia has adopted most international standards; however, implementation still faces structural, cultural, and economic obstacles. Legal harmonization is a strategic step to enhance worker protection while maintaining national economic competitiveness.

Contract law recognizes the concept of force majeure as a mechanism to address extraordinary circumstances that hinder the performance of obligations, namely unforeseen events beyond the debtor’s control that may result in the release or suspension of obligations. However, this concept has limitations, as it does not encompass situations such as economic or monetary crises. In the development of international contract law, the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC) introduce the concept of hardship as a response to fundamental changes in circumstances that affect the economic equilibrium of the parties. Although hardship has not been explicitly recognized in Indonesian law, it is considered more relevant for addressing such conditions.This study aims to examine the historical development of the concept of hardship and to analyze the implementation of its underlying values in Indonesian legal practice. The method employed is normative legal research, utilizing primary, secondary, and tertiary legal materials. The findings indicate that, despite the absence of explicit regulation within the national legal system, the values of hardship have been reflected in several court decisions through approaches grounded in fairness and contractual adjustment.The implication of this study is that the concept of hardship has the potential to be explicitly adopted into Indonesian contract law in order to fill existing legal gaps and provide a more adaptive solution to changing circumstances, particularly in addressing economic or monetary crises that fall outside the scope of the force majeure regime

This study aims to analyze e-commerce strategies in selecting applicable law and jurisdiction to avoid conflicts of jurisdiction in cross-border transactions. This study employs a normative legal method using legislative, conceptual, and comparative approaches to analyze the selection of applicable law and jurisdiction in cross-border e-commerce transactions. The data used consists of primary and secondary legal materials collected through a literature review. The analysis was conducted qualitatively using descriptive-analytical and legal interpretation methods, as well as deductive reasoning to formulate strategies for minimizing jurisdictional conflicts. The research findings indicate that the application of the principle of freedom of contract, combined with international instruments and digital technology, can serve as an effective strategy for e-commerce actors to minimize jurisdictional conflicts and litigation risks. This strategy not only provides legal protection, particularly for SMEs, but also enhances the trust of global partners and competitiveness in the international market through the use of clear contract clauses, hybrid forums, and technological support such as blockchain and ODR.

The determination of a minimum marriage age is a central issue in Indonesian family law and Islamic legal discourse, particularly regarding the prevention of health, social, and psychological risks associated with child marriage. This study analyzes the alignment between the legal requirement of a minimum age of 19, as stipulated in Law No. 16 of 2019 and Constitutional Court Decision No. 22/PUU-XV/2017, and the framework of maqāṣid sharī‘ah, especially the hierarchical structure of dharuriyyāt, ḥājiyyāt, and taḥsīniyyāt. Employing a normative juridical method supported by extensive literature review, this research examines statutory regulations, classical and contemporary Islamic legal sources, works on maqāṣid, and empirical data from national and international institutions. The findings demonstrate that the minimum age of 19 substantively accords with maqāṣid sharī‘ah: at the dharuriyyāt level, it safeguards life, intellect, and lineage from medical, psychological, and social harm; at the ḥājiyyāt level, it prevents economic hardship, emotional instability, and the inability of young couples to assume household roles; and at the taḥsīniyyāt level, it preserves human dignity, ethical conduct, and the sanctity of marriage. Consequently, the regulation is not a departure from classical Islamic jurisprudence but rather an implementation of public interest (maṣlaḥah) adapted to contemporary societal realities. This study affirms that integrating maqasid-based reasoning into public policy strengthens the protection of families and future generations in Indonesia.

The development of financial technology has led to the emergence of cryptocurrency as a decentralized digital instrument that enables fast and cross-border financial transactions. While this technology offers efficiency and flexibility in digital financial activities, it also creates opportunities for misuse in various forms of crime, including terrorist financing. This study aims to analyze the use of cryptocurrency as a means of financing terrorist activities in Indonesia, examine the existing legal framework governing terrorist financing, and identify the challenges faced in law enforcement. This research employs a normative legal method using statutory, conceptual, and case study approaches. The findings indicate that the use of cryptocurrency as a medium for terrorist financing still fulfills the elements of a criminal offense as regulated under Law Number 9 of 2013 concerning the Prevention and Eradication of Terrorism Financing. However, the characteristics of cryptocurrency, such as anonymity, decentralization, and cross-border transactions, create significant challenges in the processes of evidence gathering, transaction tracing, and identification of perpetrators. In addition, there is a regulatory gap between the recognition of crypto assets as economic commodities and the supervision of their potential misuse for terrorist financing. Therefore, stronger regulations are needed to explicitly integrate crypto assets into the terrorist financing prevention regime, along with improving the capacity of law enforcement agencies in blockchain transaction analysis and strengthening international cooperation to enhance the effectiveness of law enforcement in the digital economy era.

The development of modern armed conflicts shows the increasing involvement of civilians in hostilities, which has given rise to the phenomenon of civilian combatants and created ambiguity in the classification of subjects in International Humanitarian Law. This study aims to analyze the legal status of civilians involved in armed conflicts and the limits of legal protection inherent to them. The research method used is normative juridical with a legislative and conceptual approach, through an analysis of international legal instruments and relevant doctrines. The results show that civilian combatants are not explicitly recognized in international humanitarian law, thus creating uncertainty in determining their legal status. Furthermore, protection for civilians is conditional and can be temporarily lost when individuals engage in direct participation in hostilities, with limits determined by the principles of distinction and proportionality. These findings confirm that the limits of legal protection are dynamic and depend on individual actions in conflict. The implications of this study indicate the need for strengthened legal interpretation and more consistent implementation to ensure legal certainty and protection for civilians in modern armed conflicts.

The Indonesian government in supporting Intellectual Property actors has issued Government Regulation Number 24 of 2022 concerning the Implementation of Law Number 24 of 2019 concerning the Creative Economy As a maximum effort in implementing Government Regulation No. 24 of 2022 concerning the creative economy in helping to strengthen national and international economic development, but the regulation only regulates generally regarding Intellectual property, furthermore it is deemed necessary to have more specific regulations specifically regarding asset quality ratings as collateral which is expected to be not only for financing institutions but can help Intellectual Property assessment institutions, considering that Intellectual Property is an intangible object that makes banks as creditors hesitate to accept Intellectual Property as collateral in financing. The basic reason Intellectual Property Rights can be used as fiduciary collateral because it is included in the law of immaterial objects where one of the characteristics of objects that can be used as debt collateral is objects that have economic value, copyright is also attached to exclusive rights, namely the attachment of these rights to the creator or holder of the copyright he created.  

ABSTRACT Family dynamics such as prolonged conflicts, the existence of domestic violence, divorce, and the absence of one parent figure in the family, have become international issues. Children are often victims of parental problems. Parents often vent their emotions to their children in the form of verbal and non-verbal violence. There are still many parents who think that educating children with violence is a way to discipline children. In this study, the approach method applied is a normative juridical approach by examining data obtained from books, journals, the internet, laws and regulations, or scientific papers related to this writing. Based on the results of the study, we know that by 2025, Indonesia will have recorded 2,416 cases of violence committed by parents, based on data that occurred during the official SIMFONI-PPA period.  Children have the right to be able to live a prosperous life and be guaranteed their growth and development in the future. But in practice, parents are still very irresponsible for it. In overcoming these problems, the Indonesian government and the international community have made efforts with regulations and institutions related to the protection of children's rights. Therefore, it can be concluded that this study emphasizes the importance of improving the protection of children's rights in family dynamics based on the framework of Indonesian and International Law.   Keywords: family dynamics, protection of children's rights, challenges and obstacles.

This study examines the implementation of Indonesia’s Visa on Arrival (VoA) policy in DKI Jakarta as both an instrument of tourism-driven economic recovery and a component of non-military national defense management under Law No. 23 of 2019 on the Management of National Resources for National Defense. While VoA has significantly contributed to the rebound of international tourist arrivals—surpassing 11 million visits nationally in 2023—it simultaneously generates governance challenges at strategic entry points such as Soekarno–Hatta International Airport, where facilitation of mobility intersects with risks including overstaying, transnational crime, human trafficking, and potential infiltration by non-state actors. Existing scholarship largely emphasizes economic impacts and regulatory frameworks, leaving limited analysis of VoA as part of an integrated civil defense infrastructure. Addressing this gap, the study aims to analyze how VoA implementation in DKI Jakarta is managed within a non-military defense perspective, particularly regarding institutional coordination, immigration intelligence, and risk mitigation mechanisms. Employing a qualitative case study approach, data were collected through in-depth interviews with immigration officials and security stakeholders, document analysis of relevant laws and ministerial regulations, and review of official immigration statistics, followed by thematic analysis. The findings indicate that although VoA effectively supports economic and diplomatic objectives, its function as a non-military defense instrument remains constrained by fragmented inter-agency coordination, uneven intelligence integration, and limited adaptive governance capacity at the local level. Strengthening collaborative surveillance systems, data-sharing mechanisms, and strategic policy alignment between immigration authorities and national defense institutions is therefore essential. The study concludes that reframing immigration governance as part of Indonesia’s broader non-military defense strategy is crucial to balancing openness with security in high-density international gateways.

Phishing is a form of cybercrime that has experienced a significant increase in frequency within Indonesia. This fraudulent practice aims to deceive victims into surrendering personal data or sensitive financial information by impersonating trusted institutions. Such crimes result in substantial losses for both individuals and the business sector, particularly concerning personal data protection and digital transaction security. This research aims to analyze the legal regulations and the role of supervisory institutions in addressing phishing threats in Indonesia using a normative legal research method. The legal analysis encompasses the implementation of the Electronic Information and Transactions Law (UU ITE), specifically Article 28, paragraph (1), and the Personal Data Protection Law (UU No. 27 of 2022), which serves as the primary foundation for privacy rights. Furthermore, this study examines the Consumer Protection Law and the Indonesian Criminal Code (KUHP) as enforcement instruments. The strategic roles of the Financial Services Authority (OJK) and Bank Indonesia (BI) are also discussed in the context of risk mitigation within the financial sector. The findings indicate that law enforcement effectiveness is still hindered by low digital literacy, limited forensic technology infrastructure, and jurisdictional challenges in tracking cross-border perpetrators. Consequently, a synergy between regulatory strengthening, international collaboration, and massive public education is required to comprehensively suppress these cybercriminal activities.

This study aims to analyze the position and function of the principle of good faith in the international contract law system and analyze its role in providing legal protection for parties in international business transactions, especially in the context of the free market era. This study uses a normative juridical method with a statutory and conceptual approach to examine the legal provisions related to this principle. The results of the study indicate that the principle of good faith is not only understood as a moral value in contractual relations, but has also developed into a legal norm recognized in various international legal instruments, such as the UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law (PECL), and the United Nations Convention on Contracts for the International Sale of Goods (CISG). This principle includes subjective aspects in the form of honest intentions of the parties and objective aspects in the form of internationally applicable fairness standards. The principle of good faith plays an important role in the formation, implementation, and resolution of international business contract disputes. Although there are differences in acceptance between civil law and common law systems, the application of this principle can be harmonized through international legal instruments and soft law.  Thus, the principle of good faith is an important basis for realizing fair, balanced and sustainable international business transactions.

The circulation of narcotics as a serious crime in Indonesia faces the reality that some types of narcotics have medical benefits when used in limited quantities and under strict supervision, while cannabis plants remain classified as Class I Narcotics in Law No. 35 of 2009 concerning Narcotics, thereby prohibiting their use in health services. This situation raises legal issues regarding the basis for classification, legal qualifications, and the possibility of updating norms so that cannabis can be used for medical purposes. This study aims to analyze the historical and legal basis for the classification of cannabis, its qualification in the national legal system, and to formulate a normative regulatory concept that allows its use for health services. The method used is normative legal research with a historical and comparative approach, through a literature study of primary and secondary legal materials, which are analyzed descriptively and qualitatively. The results of the study show that the classification of cannabis is rooted in international commitments through the 1961 Single Convention on Narcotic Drugs, which was later ratified and adopted into national law, so that legally cannabis is only permitted for research purposes. however, considering the development of science and practice in various countries, it is necessary to update the norms through the formation of a Ministerial Regulation as mandated by Article 6 paragraph (3) of the Narcotics Law as a limited and controlled first step to open up the use of cannabis in health services without neglecting the principle of preventing abuse.

This research is motivated by the negative impacts of production activities at a manufacturing company engaged in rubber processing, specifically at PTPN VII Unit Pematang Kiwah Natar, South Lampung. The factory's operations directly impact the environment, generating noise pollution, air pollution, unpleasant odors, and liquid waste. This situation requires the company to implement Environmental Management Accounting (EMA) to balance business sustainability with social and environmental responsibility. This is in line with Law No. 40 of 2007 concerning Limited Liability Companies and PSAK 1 of 2021. The main objective of the study was to evaluate the suitability of the implementation of environmental management accounting at PTPN VII Uni ;t Pematang Kiwah Natar, South Lampung, based on the International Guidance Document IFAC 2005 and PSAK 1 of 2021. This study used a qualitative descriptive method. Primary and secondary data were collected through interviews, observation, and documentation. The research results show that the company has implemented environmental management accounting using PSAK 1 of 2021, where the company has fulfilled the identification, presentation, measurement, recognition, and disclosure stages using the 2022 sustainability report and the 2022 financial statements of PTPN VII. Furthermore, PTPN VII Unit Pematang Kiwah Natar, South Lampung, has classified environmental costs by allocating environmental costs based on the International Guidance Document IFAC 2005 and Ikhsan (2008). Therefore, PTPN VII Unit Pematang Kiwah Natar, South Lampung, has demonstrated its commitment to environmental regulatory compliance.

This study aims to provide a comprehensive analysis of Predictive Policing and its implications for law enforcement transformation in Indonesia, based on an extensive review of its global applications, benefits, and challenges. The study uses qualitative literature and international case study review methods to assess the impact and complexity of implementing digital technologies such as artificial intelligence (AI), machine learning, and big data analytics within a Predictive Policing framework. The results of this review highlight that while Predictive Policing offers significant potential for proactive crime prevention and increased operational efficiency, its implementation is consistently fraught with critical legal, ethical, and technical challenges, including regulatory gaps, risks of algorithmic bias, and data privacy concerns, which are particularly relevant to Indonesia. The findings underscore that public trust and police legitimacy in the context of adopting such technologies are strongly influenced by transparency, strong accountability mechanisms, and community involvement in shaping their use. This study contributes to the growing discourse on digital policing in developing countries and culminates in practical policy recommendations designed to guide the Indonesian police towards the development and implementation of Predictive Policing models that are effective, efficient, and fundamentally respectful of legal and human rights principles.