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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.

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 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.

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.

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 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.

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.

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.

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 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.

This study analyzes the legal protection of children as perpetrators of rape within Indonesia’s national legal system and Aceh’s Qanun Jinayat, focusing on the Syar’iyah Court’s decisions that often fail to confirm the fulfillment of children’s rights to education, rehabilitation, and reintegration. Although the principle of the best interests of the child requires comprehensive protection, the absence of clear implementing regulations has created uncertainty. Using a normative juridical method with legislative and case approaches, the research draws on secondary data enriched with primary data and qualitatively analyzed. The findings show that both national law and Qanun Jinayat emphasize child protection based on the best interests principle. National law mandates special procedures such as mentoring, closed hearings, psychological assessments, and diversion, while Qanun Jinayat, through Article 50, stipulates lighter and proportionate uqubat for children. These frameworks complement each other in ensuring education, psychological recovery, and social reintegration. However, several Syar’iyah Court decisions have not explicitly included recovery rights, resulting in ineffective protection and legal uncertainty. The study recommends that the Syar’iyah Court explicitly incorporate children’s rights to education, rehabilitation, and reintegration in its verdicts. Furthermore, the Aceh Government should issue Standard Operating Procedures or Governor’s Regulations to provide a clear legal basis for implementing child uqubat in line with the Juvenile Criminal Justice System.

This article provides a comprehensive examination of the application of the lex loci celebrationis principle in the execution of notarial deeds involving foreign legal subjects within the Indonesian legal system. The principle affirms that any authentic deed executed in Indonesia must comply with national legal requirements, regardless of the parties’ nationality or the existence of transnational legal relations. Through normative legal research employing statutory, conceptual, comparative, and case-study approaches, this article elucidates how the lex loci celebrationis principle interacts with private international law, particularly in relation to the legal capacity of foreign nationals, the use of foreign documents, and the limits of jurisdiction. The analysis reviews the Law on Notarial Office, the Indonesian Civil Code, population administration regulations, as well as doctrinal developments and jurisprudence pertaining to international legal acts. The findings indicate that although the substantive aspects of an agreement may refer to foreign law through lex voluntatis, the formal validity of a notarial deed remains entirely governed by Indonesian law. These findings underscore the need to enhance the competence of notaries in understanding the dynamics of private international law and highlight the importance of harmonizing national regulations with the principles of private international law to ensure legal certainty in cross-border transactions.

The rapid advancement of digital technology has fundamentally transformed civil legal interactions, making electronic documents such as instant messages, online transactions, and digital contracts primary forms of evidence in many civil disputes. However, their admissibility in judicial proceedings remains fraught with challenges concerning formal and material validity. This study aims to identify juridical and technical obstacles in digital evidence and to formulate an ideal model for civil procedural law that ensures reliable electronic proof. A normative-juridical approach with qualitative analysis was employed, combining doctrinal research through legislative review, jurisprudence, and scholarly literature with case studies of court decisions involving electronic evidence, particularly in divorce disputes. The findings reveal that inconsistent judicial treatment stems from the absence of specific procedural rules in Indonesia’s civil procedure framework still rooted in colonial-era HIR and RBg alongside limited digital infrastructure and low technological literacy among judicial actors. In response, the study proposes an integrated legal construction model featuring explicit provisions in the upcoming Civil Procedure Code, adoption of the functional equivalence principle, institutionalization of digital forensic experts in litigation, and procedural safeguards for vulnerable parties. The research concludes that only through holistic reform of the evidentiary paradigm can Indonesia’s civil justice system guarantee fairness, legal certainty, and relevance in the digital era.

Constitutional Court (MK) “Decision Number 60/PUU-XXII/2024 marks an important shift in the practice of judicial review, whereby the Constitutional Court not only invalidates legal norms, but also establishes new substantive norms in cases involving open legal policy. This action reflects the tendency of positive legislature, which theoretically expands the scope of judicial authority beyond the limits of negative legislature. This study aims to analyse the implications of this ruling on the legislative function of Indonesia Parliament (DPR), particularly in the context of its constitutional responsibility to respond to and accommodate new norms established through court rulings. Using normative legal research methods and a conceptual approach, this study finds that the DPR's suboptimal institutional response to the substance of the ruling indicates serious challenges in harmonising the constitutional system that guarantees the effectiveness of norms, legal certainty, and the principle of checks and balances. This study contributes to proposing a model of inter-institutional coordination or parameters for the judicialisation of norms to ensure the balance of power, as well as criticising and clarifying the boundaries of the roles of each state institution in the context of corrective legislation based on judicial decisions.

This research compares legal entity licensing systems in Indonesia and other ASEAN member states in response to the growing need for regulatory harmonization and improved ease of doing business within the region, particularly after ASEAN economic integration accelerated cross border investment activities. Differences in administrative requirements, processing duration, and the level of digitalization among countries often create barriers for business expansion, making a comparative assessment essential to understand Indonesia’s current position and identify potential improvements. The main objective of this study is to analyze the characteristics of Indonesia’s legal entity licensing system by comparing it with ASEAN countries that have adopted more advanced administrative reforms, while also evaluating how regional best practices can inform national policy development. The study applies a qualitative method using a descriptive comparative approach, focusing on regulatory frameworks, institutional arrangements, levels of digital integration, and indicators related to ease of doing business. The results show that although Indonesia has introduced electronic licensing systems, several challenges remain, including uneven implementation, overlapping institutional authority, and variations in service quality across regions. In contrast, countries such as Singapore and Malaysia have established licensing systems that are more integrated, transparent, and oriented toward user needs, resulting in greater legal certainty for investors. These findings highlight the importance of strengthening regulatory alignment, improving digital system integration, and enhancing institutional capacity so that Indonesia can reach efficiency levels comparable to its regional counterparts and contribute to a more competitive and sustainable ASEAN business environment.

Micro, Small, and Medium Enterprises (MSMEs) play a vital role in the Indonesian economy, yet they are vulnerable to various conflicts that can hinder their continuity. Dispute resolution through legal channels (litigation) is often considered inefficient for MSMEs due to the lengthy process, high costs, and inflexibility. Therefore, alternative dispute resolution methods such as mediation and arbitration are considered preferable to litigation. This study aims to analyze the effectiveness of mediation and arbitration in resolving business conflicts among MSMEs in Indonesia, identify inhibiting factors in resolving business conflicts, and provide recommendations for strengthening the accessibility of these mechanisms for MSMEs. The research method used is empirical juridical, combining normative analysis of regulations governing mediation and arbitration with data collection using document studies related to MSMEs. The results indicate that mediation is generally more effective for MSMEs because it is less expensive, simpler, and can maintain business relationships between the parties. However, the success of mediation is also determined by the quality of the mediator and the willingness of both parties. On the other hand, arbitration provides legal certainty and a relatively quicker resolution process compared to litigation. However, the barriers are the relatively high cost and low legal understanding among MSMEs. A comparison of the two shows that the effectiveness of ADR depends heavily on the availability of information, support from service providers, and the MSME's ability to adapt to legal procedures.

This study aims to analyze the legal consequences arising from changes to personal data made by data subjects on the validity of collateral that has been used as security for credit, as well as to examine the forms of legal protection that may be granted to creditors. Changes to personal data such as identity, address, and the debtor’s legal status may lead to legal uncertainty regarding the validity of credit security agreements, particularly those involving Hak Tanggungan (mortgage rights). In this research, the author employs a normative juridical method using statutory and conceptual approaches. The findings of this study show that changes to personal data without notification or updates to the security documents have the potential to create administrative discrepancies and legal risks for creditors during the execution of the collateral. Legal protection for creditors needs to be strengthened through the regulation of the debtor’s obligation to report any changes in personal data, updates to the security certificates, and clear provisions outlined in the credit agreement. Accordingly, legal certainty between the creditor and the debtor can be maintained in line with the implementation of Law Number 27 of 2022 on Personal Data Protection.

Inclusive policies are a must in governance, especially at the village level that deals directly with indigenous communities. Formal recognition of customary law in the determination of village boundaries under the national legal framework is crucial to create agrarian justice and legal certainty; Its relevance focuses on the importance of local wisdom accommodation and the structure of indigenous peoples as legal subjects entitled to their territories; The final goal of this study is to formulate a model of harmonization of positive law and customary law for the determination of participatory and equitable village boundaries; The main legal basis includes the 1945 Constitution Article 18B Paragraph (2) and Law (UU) Number 6 of 2014 concerning Villages; and Regulation of the Minister of Home Affairs Number 45 of 2016 concerning Guidelines for the Determination and Affirmation of Village Boundaries. This research uses a normative juridical method with a legislative and conceptual approach; The conflict resolution offered is through a consensus deliberation mechanism facilitated by the local government while still upholding the rights of indigenous peoples.