Publication Search

Disputes in share divestment in Indonesia, such as the case between the Indonesian Government and PT. Newmont Nusa Tenggara, reflect the complexity of law and economy. This dispute was triggered by differences of opinion regarding the payment mechanism for shares sold by PT. Newmont Nusa Tenggara. The government rejects the payment scheme using funds from foreign capital owners such as PT. Bumi Resources Tbk, PT. Newmont Indonesia Limited, and Nusa Tenggara Mining Cooperation, because it is considered not in accordance with national interests. This study uses the Legal Research method with a normative juridical approach as explained by Prof. Peter Mahmud Marzuki. This conflict is caused by the weakness of the Work Contract, the unclear dispute resolution mechanism, and the lack of legal certainty regarding share divestment in Indonesia. The government and PT. Newmont Nusa Tenggara remain adamant with their respective schemes—the government wants national financial resources, while PT. Newmont offers foreign capital loans. This complicates communication and joint solutions. The main issues discussed are the legality of purchasing shares using foreign loans and the need for DPR approval in the divestment of shares in closed business sectors such as coal mining.

and the results of managed land, whether land in the form of agricultural land, plantations or homestead land as a place to live. However, to date, problems related to land continue to occur and in fact the number continues to increase, starting from ownership rights, cultivation rights, control rights and land issues that arise due to dual ownership where both have certificates for the land. The National Land Agency (BPN) is an institution that was specifically formed to resolve land issues in Indonesia with the hope that people will have legal certainty and legal force over the land they own so that it does not cause new problems in people's lives. By using normative juridical research, the results of this research found that BPN has a central role in realizing certainty, justice and benefits for land managed by the community. So BPN plays an important role in solving land problems and at the same time providing solutions to the problems above. The conclusion of this research is that making BPN a mediator in land disputes before they go to the legal realm is the best solution to obtain legal certainty and resolution of land disputes experienced by the community.

Land issues in Indonesia show complex dynamics due to legal vacuum and legal loopholes in the applicable land law system. This condition is exacerbated by the weakness of implementing regulations of the UUPA which are unable to respond to developments in the era, thus opening up space for land mafia practices and overlapping development policies. This legal vacuum impacts violations of community rights to land, environmental degradation, and the failure to realize optimal legal protection. The study uses a normative legal approach based on secondary data from literature studies to analyze the urgent need for land law reform. The findings reveal the need for the land law system renewal to create stronger protection of community rights and ensure a sustainable development direction by environmental conditions.

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.

Political law is the basic policy that is the basis for the formation, implementation and enforcement of law in a country. In the context of criminal cases in Indonesia, legal politics is reflected in the judge's considerations when handing down a decision. This research aims to analyze how legal politics influences judges' considerations in criminal cases and the extent to which these factors reflect substantive justice, legal certainty and legal benefits. By using a normative juridical approach and analysis of court decisions, this research finds that judges' considerations are influenced by various factors, such as statutory regulations, legal doctrine, jurisprudence, and social values ​​that develop in society. The legal politics applied by judges in their decisions often show an attempt to balance the need for legal certainty with substantive justice. However, in some cases, it was found that judges' considerations could be influenced by external pressures or developing political dynamics, which had the potential to cloud the principle of judicial independence. These findings provide important insights for policy makers and law enforcers to strengthen a justice system that is oriented towards justice and integrity.

The constitutional procedural law in Indonesia plays a crucial role in upholding constitutional supremacy, with the Constitutional Court (MK) serving as the guardian that reviews laws and resolves constitutional disputes. This article discusses the procedural law in MK, the challenges it faces, and its impact on law enforcement and justice in Indonesia. The enforcement of justice in Indonesia remains far from ideal, reflected in the chaotic legal system, structure, and culture. This study examines the Kanjuruhan Tragedy to provide an insight into the practice of law enforcement. The findings show that the state is legally responsible for the incident due to its failure to protect and fulfill the human rights of the victims. However, law enforcement in Indonesia remains discriminatory, sharp against the lower classes, yet blunt against the elites. It is hoped that law enforcement officers and the government will be more attentive and aware of the importance of fair justice enforcement, ensuring that all citizens receive legal certainty, order, and protection based on truth and justice.

Legal protection is an effort made by the government to protect its citizens in accordance with legal regulations that aim to realize justice, legal certainty, and benefits. The application of law is a system that aims to regulate and protect every action or behavior that occurs within the scope of society with various norms and sanctions that are binding and coercive in order to prevent problems from occurring. Every person who commits a crime will certainly be held accountable in the form of sanctions for the violations committed. In this writing process, the normative legal research method or normative juridical method is used using a statutory approach, a conceptual approach, and a comparative approach. A crime in general can also be caused by actions or deeds that are not directly carried out with an element of intent in the form of protection or self-defense. Accountability for criminal acts on the basis of self-defense in this case can be justified as long as it meets the requirements and limitations according to legal provisions. Thus, self-defense efforts in the criminal act process cannot be punished if they meet the elements of self-protection because there is no way out, meet the unlawful nature, for the benefit of oneself, others and public order issues, and do not go against the norms that live in society.

The rapid development of technology has significantly influenced various economic sectors, including finance. Digitalization has introduced opportunities to create more efficient, transparent, and inclusive financial services. Within Islamic finance, technological advancements address challenges such as limited access to Sharia-compliant financial services and complexities in applying Sharia principles practically. One notable innovation is Sharia-based financial technology (fintech), which combines Islamic values with modern technology to provide accessible, ethical, and sustainable financial solutions. This study explores the potential and challenges of Sharia fintech in Indonesia, a country with the largest Muslim population globally. Sharia fintech, including crowdfunding, peer-to-peer lending, and halal digital payment platforms, promotes financial inclusion while adhering to Islamic principles. However, its growth faces regulatory hurdles, consumer protection issues, and a lack of public literacy about Sharia-compliant financial products. The research highlights the role of the government and regulatory bodies such as the Financial Services Authority (OJK) in providing a supportive framework, including legal certainty, technological infrastructure, and public education initiatives. The findings emphasize that effective regulations and strategic government support are critical to fostering Sharia fintech as a pillar of the Islamic economy. With strengthened collaboration between stakeholders, Sharia fintech can contribute significantly to financial inclusion and sustainable economic development in Indonesia.

Marriage in Indonesia is regulated by Law Number 1 of 1974 which requires implementation according to religious law, but interfaith marriages often cause problems, especially in inheritance rights. Indonesia recognizes three inheritance law systems: Islamic, civil, and customary, which regulate inheritance differently. Children from interfaith marriages often face inheritance obstacles, especially if there are differences of faith between the testator and the heirs. Several court decisions provide inheritance rights through a mandatory will, but are limited to one-third of the inheritance. Existing solutions include preparing a clear will, mediating disputes, and involving a notary to validate documents. A comprehensive approach through legal education and collaboration between the government, non-governmental organizations, and the community is needed to provide legal certainty and justice for children from interfaith marriages.

This article examines effective contract drafting approaches for reducing the likelihood of disputes in business dealings. Contracts are a crucial legal tool in an increasingly complicated corporate world, governing the rights and obligations of the parties. However, many contracts are poorly constructed, causing uncertainty and the possibility of lawsuits. The paper discusses several contract drafting approaches, such as employing clear and straightforward wording, establishing realistic terms and conditions, and incorporating a dispute resolution mechanism. Furthermore, this study emphasizes the need of completing due diligence on all parties involved and understanding the necessary legal background. By taking these procedures, parties can lessen the chance of disputes while boosting legal certainty throughout contract implementation. The study's findings are expected to assist legal experts and business owners in developing more effective and efficient contract language.

This study focuses on examining the comparison between the principles of general criminal law and military law applied in the justice system, through a comparative method with a normative juridical approach used as a comparative identification process of the two legal systems which includes the process of examination, trial, sentencing and consideration of legal principles. The difference in nature between general criminal law and military law is that general criminal law (Commune delicta) which anyone can carry out, is the opposite of Military Law as a special crime (Delicta proparia) which can only be carried out by certain people, in this case by a military man. Based on a literature study to see the principles of implementing the two laws, this study aims to show how the comparison of the two systems is applied, reviewing aspects of Human Rights, Justice and Legal Certainty in the legal justice system in Indonesia.

The purpose of this study is to determine the legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe, and the legal consequences of the decision No. 27/Pdt.G/2019/PN Soe. The benefit of this research is to contribute to the development of knowledge in general legal studies and specifically in agrarian law, particularly in the context of the control of western lands that have not yet been converted according to the provisions of the Basic Agrarian Law. This research is a type of normative research. The results of this study show: (1) The legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe is valid and has binding legal force because it has been registered and ratified by the Regent of Timor Tengah Selatan, Drs. C Tapatab, on July 27, 1979, as a representative of the Directorate General of Agraria. (2) The legal consequence of decision No. 27/Pdt.G/2019/PN Soe is that nothing can be executed because the judge declared the case inadmissible (Niet Ontvankelijke Verklaard - NO), meaning the substance of the case cannot be examined, but the plaintiff was ordered to pay court fees amounting to IDR 5,811,000 (Five million eight hundred eleven thousand Rupiah). The author's recommendation is that the public should keep and document all land ownership-related documents, that plaintiffs or heirs should file a new lawsuit so that the substance of the case can be continued, that the government should ensure legal certainty in every process of acquiring ownership rights, that the Timor Tengah Selatan Regional Government should issue a final Regional Regulation related to land law, and that judges in the PN Soe Court should dig deeper into the information to resolve the dispute regarding the eigendom verponding land No. 1 AAN.    

The government is required to always be able to prosper the community it leads, but most people still lack participation in every government program or policy issued. As mentioned in Law Number 24 of 2013 concerning Population Administration, population documents are official documents issued by Implementing Agencies that have legal force as authentic evidence resulting from population registration and civil registration services. This study uses an empirical juridical method seen from norms or das sollen and an empirical approach, namely law as a social and cultural reality by taking primary data from the field in analyzing existing problems. Based on the results of research and discussion, it was found that the government in this case is still making efforts to pick up the ball in collaboration with traditional leaders and religious offices to socialize the importance of taking care of marriage certificates and collect data on couples who hold marriages in Kupang Regency and are required to issue marriage certificates after receiving marriage reports from the authorities    

The transfer of land ownership certificates is an important legal process in Indonesia's land system, regulated by various laws and regulations, such as the Basic Agrarian Law and its implementing regulations. The procedure for transferring ownership certificates begins with a legitimate sale and purchase transaction, followed by registration with the National Land Agency (BPN). However, in practice, obstacles often arise, one of which is when the seller's whereabouts are unknown, which can hinder the process of transferring land rights. In this situation, the buyer can take various legal actions, including filing a civil lawsuit in the District Court to obtain a court ruling confirming the legal transfer of rights, or submitting a request for a decree to the Administrative Court (PTUN) if BPN rejects the application for the transfer of land rights. The perspective of the PTUN legal procedure explains that the buyer can challenge the BPN decision if it is deemed contrary to the law or the principles of good governance (AUPB), with sufficient evidence to support their claim. In this case, PTUN plays a role in providing justice and legal certainty for the aggrieved party. Therefore, even when the seller’s whereabouts are unknown, through the appropriate procedures and legitimate legal actions, the buyer can still acquire ownership rights over the land purchased.

The formation of laws and updates to legal materials must be aimed at realizing social equilibrium , namely an orderly, just and prosperous life. The pattern of communication or dialogue and dialectics that occur in the process of forming legislation will affect the character of the law, the more transparent and participatory the more responsive the law will be. This research method uses normative juridical. The legal policy of legislation should include three things: (i) guarantee justice in society ; (ii) create a peaceful life (create alive placidity ) by maintaining legal certainty; and (iii) realize usefulness (realize use ) by handling real interests in common life in a concrete manner. The application of the principle of justice is based on "legal enforceability" and "equality before the law". The principle of legal certainty is achieved through: (i) clear and firm norming regarding obligations and prohibitions; (ii) legal transparency that prevents society from normative confusion; and (iii) continuity of legal order that provides a reference for future behavior. The principle of utility is based on the ability of law as a social instrument to integrate the aggregation of social interests so that they do not clash with each other, and instead order occurs.

Since 2017, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has been tasked by President Joko Widodo to complete land registration across Indonesia by 2025 through the Complete Systematic Land Registration Program (PTSL). Based on Ministerial Regulation ATR/BPN Number 12 of 2017, updated with Number 6 of 2018, this program aims to provide legal certainty and protection of land rights for the community. However, many people, especially in North Gorontalo Regency, still do not understand how to obtain land certificates due to a lack of information and education about PTSL. This research aims to explore government policies that provide land ownership certificates as legal protection for the community. Better coordination is needed between local governments and the Ministry of ATR/BPN to raise public awareness of the importance of land certificates, which not only guarantee ownership but can also be utilized as business capital. The PTSL program is expected to improve community welfare and reduce land disputes. Research findings indicate that public understanding in North Gorontalo Regency remains low, with obstacles such as a lack of information, complicated procedures, and limited access. Government policies need to include regulatory simplification and increased transparency as well as public services.

This research is a normative research, so this data is carried out by conducting a literature study on the verdict. Data sources are obtained from primary legal materials, namely: laws and regulations and court decisions, secondary obtained from literature and literature studies, tertiary legal materials obtained from the internet, dictionaries, and encyclopedias. The results of the research obtained from analyzing the verdict show that (1). The basis for the judge's consideration in imposing criminal sanctions against distributors of pharmaceutical preparations without expertise and authority by looking at the Judge's Juridical Considerations and Non-Juridical Considerations of the judge is appropriate and uses an Article that meets the elements of the perpetrator's violation in accordance with the Health Law, but the imposition of criminal sanctions is very light and far from the provisions of the Article. (2). The suitability of the imposition of criminal sanctions in Decision Number 150/Pi.Sus/2021/PN Kupang with the Health Law given by the Judge to the defendant is so light that it cannot guarantee that the defendant will feel frustrated and will not repeat his actions again. This makes the sense of justice, usefulness and legal certainty not fulfilled properly. The author's suggestion that the criminal sanctions imposed by the Panel of Judges against the defendant should not only consider the behavior and actions of the defendant but also look at the consequences of the defendant's actions that can have a bad impact on the health of consumers/patients who take the hard drug.

Civil law is a branch of law that regulates relations between individuals or legal entities in terms of their personal interests. In civil law, a contract is considered a legal agreement between two or more parties who give each other promises to do or not do something. This research uses normative methods with qualitative research methods which use primary legal material sources, such as laws and the Criminal Code as well as secondary materials, such as books and journals. Contract law is an agreement between two or more people which creates an/an obligation to do or not do a specific thing. There are elements that are considered valid and binding. This includes the existence of an agreement from two or more parties, the desire or aim of the parties for legal consequences to arise, the legal consequences of the agreement only bind the parties and do not bind third parties, and certain agreements must be made in accordance with the law. There are legal principles in contract law, including freedom of contract, consensualism, and pacta sunt servanda. The conclusion is that contract law contains elements that are considered valid and principles in making agreements as well as the influence of written evidence in making a contract which provides legal certainty and as proof of the agreement. There are two main doctrine in contract law, classical and contemporary doctrine. The classical doctrin emphasize the legal certainty to be the core of legal issue in contract law. The doctrine noted that every single purpose of parties should be stated in contract in order to put binding eJect to the parties. It also distinguish the concept of breach of contract and tort. The petition for breach of contract should be based on the concept of breach of contract instead tort. In reverse, the contemporary doctrine emphasize the justice and appropriateness aspect in a contract. It recognized the contract as the whole process held by pre-contractual phase, contractual phase, and post- contractual phase. Hence, it realize the existence of impact toward promises stated by one party to others which is distinctly diJerent to the classical doctrine that neglect the impact of pre- contractual. The contemporary doctrine eliminates the distinguishing of breach of contract and tort as the basic of the sue because breach of contract was the specific genus of tort.

Marriage is a human right, as stated in Article 28B paragraph (1) of the Second Amendment to the 1945 Constitution, and marriage is explicitly regulated in Law No. 1 of 1974 on Marriage. Article 2 of the Marriage Law states that marriage must be registered according to the applicable laws and regulations. However, this cannot be fully implemented throughout Indonesia, especially in the Dsn Tanjung area, Taman Kec Jrengik Sampang. One of the factors preventing full implementation is that marriages are conducted underage. This research uses an empirical research approach, also known as field research. The purpose of this method is to investigate the applicable legal provisions and their implementation in society. The research results show that children born from unregistered marriages face difficulties in obtaining civil status and legal certainty.  

This study aims to compare the bankruptcy application procedures between State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD). Bankruptcy is a condition that significantly impacts economic stability, both nationally and regionally. In this case, both types of enterprises are regulated by different regulations but with similar underlying principles. Therefore, this research examines the differences and similarities in bankruptcy procedures for BUMN and BUMD, as well as the authority each possesses in the bankruptcy application process. Additionally, this study highlights the importance of harmonizing regulations governing bankruptcy procedures to ensure the coherence of the prevailing legal system. The research method used is normative legal research with a legislative approach and a conceptual approach. This research reveals that although there are similarities in objectives, significant procedural differences require adjustments to create uniformity and legal certainty in resolving bankruptcy issues for both types of enterprises.