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Desi Ayuherma Anugrah; I Dewa Gede Herman Yudiawan

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes normative conflicts in the evolution of local government regulations from Law No. 22 of 1999 to Law No. 23 of 2014, along with the changes following the Job Creation Law. The research background is grounded in the phenomenon of policy pendulum swings, which indicate a shift from radical decentralization toward structured centralization, as well as the disruptions caused by the omnibus law approach. The research aims to identify and classify vertical and horizontal normative conflicts and formulate recommendations for regulatory harmonization. The method used is normative legal research with a legislative and conceptual approach, employing Hans Kelsen’s theory of antinomy as an analytical tool. The research findings identified two main forms of normative conflict: first, a vertical conflict between Law No. 22/1999, which advocates for the broadest possible autonomy, and Law No. 23/2014, which strengthens central control through the concepts of absolute affairs and NSPK, creating a paradox of centralization within decentralization. Second, a horizontal conflict following the Job Creation Law, which centralizes regional licensing authority through the OSS system and revives Article 251 regarding the annulment of regional regulations that have been declared unconstitutional by the Constitutional Court. The implications of this research recommend revising problematic articles and strengthening the role of regions within a just decentralization system.

Desi Ayuherma Anugrah; Dewa Gede Herman Yudiawan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study analyzes normative conflicts in the evolution of local government regulations from Law No. 22 of 1999 to Law No. 23 of 2014, along with the changes following the Job Creation Law. The research background is grounded in the phenomenon of policy pendulum swings, which indicate a shift from radical decentralization toward structured centralization, as well as the disruptions caused by the omnibus law approach. The research aims to identify and classify vertical and horizontal normative conflicts and formulate recommendations for regulatory harmonization. The method used is normative legal research with a legislative and conceptual approach, employing Hans Kelsen’s theory of antinomy as an analytical tool. The research findings identified two main forms of normative conflict: first, a vertical conflict between Law No. 22/1999, which advocates for the broadest possible autonomy, and Law No. 23/2014, which strengthens central control through the concepts of absolute affairs and NSPK, creating a paradox of centralization within decentralization. Second, a horizontal conflict following the Job Creation Law, which centralizes regional licensing authority through the OSS system and revives Article 251 regarding the annulment of regional regulations that have been declared unconstitutional by the Constitutional Court. The implications of this research recommend revising problematic articles and strengthening the role of regions within a just decentralization system.

Komang Putri Wira Ivana

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study addresses the troubling increase in illegally managed micro, small, and medium enterprises (UMKM) operated by foreign nationals in Bali, which poses significant threats to local economic stability and fairness. The analysis focuses on the legal frameworks governing UMKM, including Law No. 20 of 2008 and the Online Single Submission (OSS) system, as well as the regulatory gaps that allow foreign entities to exploit these mechanisms for their gain. A multi-method approach was employed to evaluate the current situation, emphasizing the roles of local government initiatives, banking regulations, and community engagement in combating illegal business operations. The findings reveal a pressing need for enhanced verification processes, stricter compliance measures, and localized regulations to protect legitimate businesses from exploitation by foreign competitors. The study concludes that only through coordinated efforts among government bodies, financial institutions, and local enterprises can Bali achieve sustainable economic growth, ensuring that UMKM can thrive within a fair and equitable commercial landscape.

Ni Putu Windi Adnyani

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Amidst the rapid development of digital technology today, copyright plays a complex role as an instrument for protecting works and at the same time as a potential inhibitor of innovation. Protection of exclusive rights granted by the copyright protection system aims to provide economic incentives or financial benefits to the creator. However, in practice, it often creates limitations on creative freedom, especially in the context of derivative works, remixes, parodies, and other creative uses that are developing rapidly in the digital realm. This study aims to examine how the copyright legal system, both normatively and implementatively, affects the scope of movement of creative actors in producing innovation. Through a normative legal approach with a review of international and national literature, this study found that copyright protection is too strict and has the effect of freezing reactivity, especially if it is not balanced with clear fair use provisions. However, on the other hand, loose regulations will also risk ignoring the moral and economic rights of the original creator. Thus, a balance is needed between the protection of individual rights and the public interest within the framework of a legal system that is adaptive and inclusive of digital culture. The study recommends strengthening open licensing frameworks such as Creative Commons, as well as updating national copyright policies to ensure that legal systems do not hinder, but rather encourage, the growth of innovation and creative expression in the digital age.

Dinar Handayani; Rashya Nabila Az Zahra; Khikmawanto Khikmawanto

Lembaga Pengembangan Kinerja Dosen 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the implementation of public service innovation through the E-TTSP application at the Investment and One-Stop Integrated Services Agency (DPMPTSP) of Banten Province. Using a descriptive qualitative method, data were collected through interviews, observation, and document analysis. The results show that this digital system has significantly improved service quality and efficiency. Processing time was reduced from 7–14 days to only 2–5 days, while bureaucratic procedures were simplified. The system also enhances transparency, accountability, and accessibility, allowing users to apply online without visiting the office. Consequently, the investment climate improved, marked by a 28% increase in permit applications and a 35% rise in investment value within two years. However, challenges remain, including uneven network infrastructure, low digital literacy, and limited human resource capacity. It is recommended to improve infrastructure, provide continuous training, and intensify socialization. In conclusion, E-TTSP has delivered tangible benefits, yet sustainable development is necessary to ensure equal and optimal services for all.

Rahmat Fajar Ramdani

Jurnal Penelitian Manajemen dan Inovasi Riset 2026 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Mergers and acquisitions have served as a primary strategy for global banking consolidation over the past three decades, including in Indonesia, which is currently undergoing one of its most massive consolidation waves—one notable example being the emergence of Bank Syariah Indonesia. This article aims to provide a narrative review of the literature on the operational impacts of mergers on bank performance, with a particular focus on implications for the Indonesian context. Based on a systematic search of the Scopus database, 52 peer-reviewed articles published between 2000 and 2025 were analyzed using a narrative thematic synthesis approach. Five main themes were identified: cost efficiency, service quality, risk management, human resource and cultural integration, and information systems and technology integration. The key findings indicate that although 73.1% of studies report post-merger improvements in cost efficiency, these benefits are highly contingent upon the quality of post-merger integration especially in the areas of human resources, organizational culture, and information technology with IT integration failure rates reaching as high as 75%. Domestic mergers consistently achieve efficiency gains more rapidly than cross-border mergers, whereas risk implications depend heavily on the type of merger and the quality of integration. Policy implications include the need for the Financial Services Authority (Otoritas Jasa Keuangan) to monitor post-merger integration quality, provide integration guidelines for smaller banks, take into account the specific characteristics of Islamic banks, and ensure a streamlined, non-burdensome licensing process. Further research particularly empirical studies on banking mergers in Indonesia—is urgently needed to test the generalizability of global findings to the local context.

Samsuto Samsuto; Khalimi Khalimi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Illegal logging is a serious environmental problem in Indonesia due to its direct impact on forest destruction, biodiversity loss, and increased carbon emissions. The Indonesian government has established various public policies and legal instruments to address illegal logging practices, such as the Forestry Law, the licensing system, and strengthening law enforcement agencies. However, the effectiveness of these policies remains a concern, given that illegal logging cases continue to occur in various regions. This study aims to assess the effectiveness of public policies in enforcing environmental law, focusing on illegal logging cases in Indonesia. The method used in this study is a normative juridical approach by examining regulations, government policies, and secondary data from reports from relevant institutions and previous research results. Analysis shows that despite comprehensive public policy design, its implementation still faces various obstacles, such as weak oversight, poor coordination between institutions, limited human resources, and corrupt practices. Furthermore, social and economic factors in communities surrounding forests also influence the success of environmental law enforcement. Therefore, strengthening law enforcement agencies, transparency and accountability, and active community involvement in forest management are essential. With these improvements, public policy is expected to be more effective in preventing and combating illegal logging for the sake of environmental sustainability in Indonesia.

Atina Nabila Ahmad

Jurnal Pengabdian Masyarakat Terapan 2026 Lembaga Pengembangan Kinerja Dosen

Assistance in obtaining a Business License Number (NIB) and halal certification at Rewwin Housing was carried out as a strategic effort to promote legality and increase the competitiveness of MSMEs. In general, many business actors still do not have legal status due to limited knowledge regarding administrative procedures and digital licensing systems. In fact, business legality is a crucial aspect that can increase consumer trust, expand market access, and strengthen a business's position amidst competition. Sobar et al. (2023), "improving product quality and becoming a service are key factors in increasing the competitiveness of MSMEs," which is supported, among other things, by having a business legality. The mentoring activity was carried out on February 7–8, 2026, using a Participatory Action Research (PAR) approach, which emphasized active participation between the mentor and business actors in identifying obstacles and completing the mentoring process together. Through this process, MSME partners gained practical understanding regarding NIB registration through the OSS system and halal certification applications. The results of the activity showed an increased awareness that business legality is not only an administrative responsibility, but also a strategic increase in business credibility and professionalism. Ridwan et al. (2024) legal assistance can increase the understanding and readiness of MSME actors in developing their businesses sustainably.

Padhilah, Piqi Rizki; Sugiarti, Lilis Diah; Yusup, Deni Kamaludin

DINAMIKA HUKUM 2026 Universitas Stikubank

Presidential Regulation Number 10 of 2021 on Investment Business Fields introduces a fundamental transformation in Indonesia’s investment regulatory regime by replacing the previous negative list approach with a positive list system. This regulatory shift significantly affects the structure of investment liberalization, particularly in the industrial sector, which serves as the backbone of the national economy. This study aims to analyze the regulatory changes introduced by Presidential Regulation 10/2021 and examine their juridical and practical implications for the investment climate and industrial business actors. Using a normative juridical method through the analysis of legislation, policy documents, and academic literature, this research finds that the regulation enhances investment openness, expands foreign ownership, simplifies risk-based licensing, and strengthens legal certainty through the classification of priority business fields, mandatory partnerships with cooperatives/MSMEs, and conditioned business categories. However, its implementation still faces challenges, including the harmonization of sectoral regulations, regulatory–political dynamics, and the government’s supervisory capacity. Overall, Presidential Regulation 10/2021 has the potential to strengthen the attractiveness of the industrial sector and its integration into global value chains, yet its effectiveness strongly depends on consistent implementation and cross-sector policy alignment.   Keywords: Presidential Regulation 10/2021, investment regulation, investment liberalization, industrial sector, investment policy.  

Titik Sugianti

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The practice of independent nursing by nurses is a form of professional health services that require assurance of certainty and legal protection, especially after the enactment of Law Number 17 of 2023 concerning Health (Health Law) which integrates various health regulations. This study aims to analyze the form of legal protection for nurses in independent practice and identify the supporting and inhibiting factors for this legal protection. Problem formulation, 1) What is the form of legal protection for nurses who provide independent nursing practice services, 2) What are the supporting and inhibiting factors for legal protection for nurses who provide independent nursing practice. The research method used is normative legal research with a qualitative approach, sourced from secondary data in the form of laws and regulations and related legal literature. The results of the study show that the form of legal protection for nurses includes legality guarantees through STR and SIPP, compliance with professional standards and SPO, and the function of medical records as authentic evidence. The main supporting factors include the existence of a clear legal umbrella and nurses' compliance with regulations, while the inhibiting factors involve illegal practices (without permission), negligence in documentation, and ambiguity of authority. Conclusion: Legal protection for Nurse Practitioners in independent nursing practice is conditional and highly dependent on nurses' compliance with applicable legal norms and professional standards. Compliance with licensing, practice standards, and accurate documentation is the main key in optimizing the guarantee of legal protection.

Betti Angraini; Yursal Yursal; Yuna Sutria

Logistics and Supply Chain Insights 2026 Indonesian Maritime Researchers and Lecturers

This research focuses on identifying how PT. Pertamina Trans Kontinental Marine Dumai processes permits for loading dangerous goods in bulk liquids in the Dumai region. The process begins when the ship notifies the ship of the hazardous cargo to be loaded. Afterward, the operational team or external services department prepares application documents to be submitted to the authorized agency, namely the Dumai Harbormaster's Office. The application process requires payment of fees included in Non-Tax State Revenue (PNBP). As a national shipping company, PT. Pertamina Trans Kontinental Marine Dumai also emphasizes the importance of fostering good cooperation with relevant agencies. This action is taken as a strategic step to ensure the proper handling of dangerous goods. Complete documentation is crucial in this licensing process. Required documents include a permit application letter and a dangerous goods manifest. The completeness and accuracy of these documents are crucial for the smooth running of the permit application process, while ensuring that each stage complies with applicable regulations.

Ni Nyoman Wulan Prasintya Putri; I Wayan Wesna Astara; Ni Komang Arini Setyawati

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of spatial planning regulations in the development of tourism accommodations and law enforcement against spatial planning violations in the Bingin Beach area, Badung Regency. The rapid development of tourism in the area has encouraged the construction of various facilities such as villas, hotels, and restaurants, some of which are located in coastal areas and do not fully comply with spatial planning and licensing regulations. This study uses empirical legal research methods with a legislative approach, case approach, and legal sociology approach. Data was obtained through observation, interviews, and document studies, then analyzed qualitatively. The results show that the implementation of spatial planning regulations in Bingin Beach has not been optimal because there are still tourism accommodation buildings that violate zoning and coastal boundary line regulations. This condition is influenced by weak supervision, rapid tourism development, and lack of compliance with licensing procedures. Law enforcement is carried out by the local government through the imposition of administrative sanctions and efforts to control buildings that do not comply with spatial planning. This law enforcement aims to maintain order in the use of space and protect the sustainability of the coastal environment.

Darmawansyah Darmawansyah; Bambang Sulistyo; Henry Farizal

Venus: Jurnal Publikasi Rumpun Ilmu Teknik 2026 Asosiasi Riset Ilmu Teknik Indonesia

The conversion of agricultural land to non-agricultural land continues to increase along with the pressures of urbanization, industrialization, and settlement expansion. This condition poses risks to food security, environmental sustainability, and farmer welfare. This article reviews literature based on 25 abstracts/research results on LP2B in Indonesia to map policy implementation patterns, the relationship between LP2B and regional spatial planning, inhibiting factors, and the direction of policy strengthening. The method used is a narrative review with thematic synthesis of normative legal studies, juridical-empirical, qualitative, mixed methods, and spatial-quantitative approaches. The results of the review indicate: (1) LP2B is highly dependent on the harmonization of spatial planning policies, especially RTRW/RDTR and licensing mechanisms based on KKPR-OSS; (2) many regions are still stuck at the land inventory-identification stage, not yet reaching the determination and operational protection through LP2B Regional Regulations; (3) dominant obstacles include regulatory asynchronous, weak law enforcement, minimal cross-agency coordination, limited data by name by address, suboptimal socialization, and conflicts of interest in non-agricultural development; (4) incentive-disincentive instruments have not been implemented consistently, although socially farmers tend to accept LP2B protection; and (5) quantitative evidence at the national level shows that LP2B policies have a positive effect on the percentage of rice fields, despite being suppressed by population density and real estate sector growth. This article emphasizes the need for an integrated spatial governance approach, strengthening regional institutions, and designing policies that are socially and environmentally just to ensure that LP2B is effective in maintaining regional food security.

Adinda Novia Kartika; Ikomatussuniah Ikomatussuniah; Ahmad Rayhan

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The issuance of billboard installation permits is part of local government authority in regulating public space, maintaining public order, and ensuring legal certainty. This study examines the implementation of billboard permit administration under Serang City Regional Regulation Number 3 of 2021. It applies an empirical juridical method with a qualitative approach. Data were collected through interviews with relevant local officials and a review of applicable laws and supporting legal materials. The findings indicate that the permit process involves several agencies: the Investment and One-Stop Integrated Service Office as the licensing authority, the Public Works and Spatial Planning Office for technical recommendations, the Regional Revenue Agency for tax collection, and the Municipal Police for supervision and enforcement. Although the regulatory framework is comprehensive, challenges remain, including inter-agency coordination, tax compliance, supervision effectiveness, and limited legal awareness among business actors. The study concludes that effective permit administration depends not only on clear regulations but also on strong institutional coordination and proper implementation.

I Made Maswinartha; I Nyoman Putu Budiartha; Ni Komang Arini Styawati

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The growth of the digital economy in Indonesia has positioned Foreign Venture Capital Companies (FVCCs) as a fundamental pillar within the startup financing ecosystem. However, the legal landscape has undergone a significant transformation with the enactment of Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law). This regulation mandates that all financial services business actors, including foreign entities, obtain business licenses from the Financial Services Authority (Otoritas Jasa Keuangan/OJK). This study aims to analyze the legal implications of this licensing requirement on business certainty for foreign investors and to examine the normative inconsistencies between the Investment Law and the P2SK Law. This research employs a normative juridical method with a statutory approach and a conceptual approach. The findings reveal the existence of normative ambiguity (vagueness of norms) concerning the operational status of FVCCs utilizing offshore structures during the regulatory transition period, which is set to expire in January 2026. Such legal uncertainty has the potential to hinder the inflow of Foreign Direct Investment (FDI) if not promptly addressed through adaptive implementing regulations, such as the optimization of regulations governing Foreign Representative Offices. On the other hand, the licensing obligation enhances legal certainty by providing preventive legal protection for Business Partner Companies through contract standardization and integrated supervision. In conclusion, this study recommends cross-sectoral regulatory harmonization and the issuance of clear technical guidelines to ensure a balanced approach between prudential supervision and investment facilitation.

Dinda Amalia Nst; Anisa Amelia Purba; Ayu Tri Cahyani; Josua Armando Tamba; Reylan Silversius Sinaga +3 more

Public Service And Governance Journal 2026 Universitas 17 Agustus 1945 Semarang

This study looks at how the government isn't doing enough to watch over logging in Sumatra and how that leads to a higher chance of flooding, using the ideas from Administrative Law. Ineffective supervision, both during the licensing process and afterwards, significantly contributes to the decline of the forest's ecological functions, resulting in hydrological disasters. The study uses normative law and follows a literature review method. The data used consists of secondary data, including primary legal materials such as legislation, as well as secondary materials like textbooks, academic journals, and digital sources. Data was gathered by looking at documents and then looked at using a descriptive-qualitative approach. The research shows that the government's failure to properly carry out its responsibilities in forestry management can be considered an illegal government action, known as an 'onrechtmatige overheidsdaad'. This action goes against the General Principles of Good Governance (AUPB), especially the principles of being careful with public money, being responsible, and ensuring that laws are clear and followable. This situation leads to the government being responsible, which means they must take steps to fix the environment and offer help to the communities that were affected. This study suggests strengthening the forestry oversight system by implementing regulatory improvements, improving the capacity of officials, utilizing technology, and involving the community actively to ensure transparent, accountable, and sustainable environmental management.

Rabbani Priyotomo; Khaerul Umam Noer

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the effectiveness of the Jakarta Evolution (JakEVO) program in the implementation of online-based licensing services in South Jakarta, specifically for public transportation route licensing. The program was initiated as part of a public service reform effort aimed at improving accessibility, efficiency, and transparency in the licensing administration process. This study uses a qualitative descriptive approach with data collection techniques including in-depth interviews, field observations, and document studies, involving both the implementing officials at the South Jakarta UP PMPTSP and the public as service users. The findings indicate that JakEVO has positively contributed to the ease and flexibility of the licensing process, particularly in reducing the need for face-to-face interactions. However, its implementation has not yet been fully optimized due to several challenges, including limited program socialization, low digital literacy among the public, technical disruptions in the application system, and human resource capacity that is not fully adaptive to digital transformation. Additionally, the program's evaluation mechanism remains descriptive and lacks comprehensive quantitative performance indicators.

Euis Maesaroh; Intan Sukmawati; Kanisa Sabila; Sitta Khairunnisa

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia guarantees the right of every person to live in a good and healthy environment, while Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia affirms the principle of sustainable and environmentally friendly development as the basis for natural resource management. These constitutional norms are implemented through Law No. 32 of 2009 concerning Environmental Protection and Management, which requires every business activity to prevent any pollution and/or environmental damage. In addition, through Law Number 11 of 2020 concerning Job Creation as amended by Law Number 6 of 2023, there have been significant changes in the business licensing system and environmental protection instruments, including the integration of environmental approval into risk-based business licensing as regulated in Articles 22 and 23. In the context of oil palm plantations in Sumatra, these changes in norms have legal implications for the fulfillment of business actors' legal obligations in environmental protection and management. This study aims to analyze the impact of oil palm plantation exploitation in Sumatra from an environmental law perspective, particularly in relation to legal violations based on the normative framework of applicable laws and regulations after the enactment of the Job Creation Law.

Hikmatul Hasana; Firman Octhaviana Sulistiyono

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the juridical implications of delegated authority in the context of business license signing by heads of regional offices acting on behalf of regents. Using a qualitative approach with library research, the paper explores the legal foundation, validity, and administrative consequences of delegation within local governance. The findings indicate that delegation of authority is a legitimate administrative mechanism recognized under Indonesian law, particularly within Law No. 23 of 2014 concerning Regional Government. However, its implementation frequently lacks procedural clarity, leading to potential legal defects (ultra vires) in administrative decisions. The study emphasizes that the validity of business permits depends on both formal and substantive fulfillment of delegation requirements through explicit legal instruments such as regional head decrees. Improper delegation not only invalidates administrative acts but also undermines legal certainty and public trust in local governance. Theoretically, this research contributes to strengthening the doctrine of state administrative legality, while practically, it provides recommendations for standardizing delegation mechanisms to enhance transparency, accountability, and legal compliance in regional public service delivery.

Oktaviano, Oktaviano; Eddy Ibrahim; Bochori, Bochori

Jurnal Riset Rumpun Ilmu Teknik 2026 Pusat riset dan Inovasi Nasional

Mining of rocks, particularly andesite, in East OKU Regency provides significant economic contributions but generates environmental impacts that require rehabilitation through reclamation and post-mining management. This study aims to evaluate the compliance level of Production Operation Mining Business License (IUP OP) holders with these obligations and to identify challenges in their implementation. A descriptive quantitative and qualitative approach was employed, with primary data collected through interviews and field observations related to reclamation and post-mining plans, as well as the placement of guarantees. Secondary data included IUP licensing documents, legislation, and guidance letters from the Energy and Mineral Resources Office of South Sumatra Province. Quantitative analysis categorized compliance levels, while qualitative analysis examined challenges and guidance strategies. The results indicate variations in IUP OP holders’ compliance; some have prepared documentation and placed guarantees, but delays and lack of continuity were observed. Major challenges include profit-oriented approaches, limited technical and environmental understanding, and limited permit duration. Guidance strategies, supervision, guarantee management, provision of technical experts, and community empowerment proved essential. These findings have implications for enhancing compliance, sustainable post-mining planning, and responsible mining practices.