Publication Search

This study aims to gain an in-depth understanding of the legal reasoning used by judges in the Administrative Court (PTUN) in annulling State Administrative Decisions (KTUN), as well as to examine the legal implications for the parties involved and the overall system of government administration. This research employs a normative juridical method with three approaches: statutory, conceptual, and case approaches. The analysis was conducted qualitatively by studying reference books and reviewing court decisions. The study shows that the annulment of KTUN by PTUN judges is based on three important factors, namely lack of authority (ultra vires), procedural defects, and substantive defects in the decision. In addition, violations of the General Principles of Good Governance (AUPB), such as the principles of legal certainty, prudence, and proportionality, also constitute important considerations for judges. In the judicial process, judges not only consider the formal aspects of the law, but also take into account substantive justice in order to protect citizens’ rights from improper governmental actions. The implications of the annulment of KTUN include the restoration of the plaintiff’s rights through the process of restitutio in integrum, the obligation of administrative officials to revoke or correct the issued decision, as well as the potential impact on third parties involved in the decision. In general, the annulment of KTUN serves as a legal control mechanism over government administration while also encouraging the realization of good and transparent governance within a state governed by the rule of law.

The trademark dispute between PT GoTo Gojek Tokopedia Tbk and PT Terbit Financial Technology has become a significant issue in the field of intellectual property law in Indonesia. This conflict arose because PT GoTo used the trademark name “GOTO,” which had already been officially registered earlier by PT Terbit. This study aims to examine the legal protection granted to registered trademark owners under Law Number 20 of 2016 concerning Trademarks and Geographical Indications, as well as to analyze the application of the first to file principle in resolving the dispute. This research employs a normative juridical approach by reviewing relevant legislation and conducting a case analysis based on the Decision of the Central Jakarta Commercial Court Number 71/Pdt.Sus-HKI/Merek/2022/PN Niaga Jkt.Pst. The findings indicate that Indonesia prioritizes the first to file system in determining trademark ownership, meaning that exclusive rights are granted to the party who registers the trademark first. The court decision in favor of PT Terbit confirms that formal registration serves as the primary legal basis for trademark protection. Therefore, this study highlights the importance of conducting trademark verification prior to public use and emphasizes the need to strengthen legal awareness among business actors to prevent similar disputes in the future.

Adoption is an act of adopting a child which, according to legal regulations, transfers the rights and responsibilities of the child from their biological parents to their adoptive parents. This study aims to examine the legal framework governing the legal determination of adopted children. This research was conducted using a juridical-normative research approach. This study focuses on reviewing the status of an adopted child, including their position in obtaining inheritance rights, using a review of the Civil Code and other applicable regulations. Based on the analysis that has been carried out, the position or status of a child adopted by adoptive parents has a legal status if it is carried out through applicable legal procedures, which means that the child has equal rights to biological children. This research is expected to contribute to providing references for firmness in family law that is more certain and does not harm any party.

The Uninhabitable House Rehabilitation Program (RTLH) is a government policy aimed at improving the quality of housing for low-income communities while simultaneously supporting the acceleration of the eradication of extreme poverty. Although it has been implemented in various regions, the implementation of the RTLH program has shown varying achievements, thus requiring a comprehensive evaluation. This study aims to analyze the evaluation of the RTLH Program in Indonesia based on William N. Dunn's six policy evaluation indicators: effectiveness, efficiency, adequacy, equity, responsiveness, and accuracy. The research method used is a Systematic Literature Review (SLR) of scientific articles discussing the evaluation of the RTLH Program in various regions. The analysis was conducted by reviewing previous research findings based on the six policy evaluation indicators. The results of the study indicate that the RTLH Program is able to improve the quality of community housing and has received a positive response from beneficiaries. However, its implementation still faces obstacles such as budget limitations, equal distribution of beneficiaries, and data updates. Therefore, strengthening funding, data collection, and coordination between stakeholders is needed for more optimal and sustainable program implementation.

 Sexual violence against women and children is still a serious problem in Indonesia. Girls are among the most vulnerable groups because of their young age, emotional dependence, and the imbalance of power with perpetrators who are generally older or close to the victim. Cases of violence often occur in various environments, such as within the family, early marriage, or social relationships such as dating or friendships with older men. This situation often places girls in a weak position, making it difficult for them to resist or report the violence they experience. This research aims to examine forms of sexual violence against girls in relationships with large age differences and examine legal protection based on Law Number 12 of 2022 concerning Crimes of Sexual Violence. The research uses qualitative methods through literature study by reviewing books, scientific journals, regulations, and data from the Ministry of Women's Empowerment and Child Protection. The results of the study show that unequal age relations often give rise to power inequalities that trigger domination, control and various forms of violence, such as sexual coercion, physical violence, psychological manipulation and domestic exploitation. The TPKS Law plays an important role as a basis for legal protection and fulfillment of rights for victims

The development of information technology has triggered significant changes in the Indonesian healthcare system, including through the implementation of telemedicine as a key innovation. This digital health innovation requires strengthening the role of health law to ensure service quality, patient safety, and legal guarantees for healthcare workers and service providers. This paper aims to examine the function of health law in the management of national healthcare services, with a particular focus on telemedicine healthcare services, and to evaluate the suitability of its regulations in protecting patient rights. The methodology used is normative legal analysis, which involves examining various laws and regulations such as Law Number 72 of 2023 concerning Health, Law Number 8 of 1999 concerning Consumer Protection, and Regulation of the Minister of Health Number 20 of 2019 concerning the Implementation of Telemedicine Services. Supporting data was obtained from reviewing national scientific journals, which discuss aspects of health law and telemedicine in Indonesia. The results of the study indicate that health law functions as a mechanism to regulate service standards, protect patient rights, and oversee the accountability of healthcare workers in telemedicine practices. However, the implementation of regulations related to telemedicine still faces several obstacles.

The banking sector is a strategic pillar that supports national economic stability and relies heavily on public trust. To maintain this legitimacy, banks are required to implement Corporate Social Responsibility (CSR), which is not only a moral obligation but also a legal duty as regulated in several laws such as Law No. 40 of 2007 on Limited Liability Companies and Law No. 21 of 2011 on the Financial Services Authority (OJK). This study aims to analyze the responsibility of OJK in managing Corporate Social Responsibility (CSR) funds based on the principles of Good Governance and to examine the role of banking institutions in maintaining public trust through transparent and accountable Corporate Social Responsibility (CSR) practices. This research employs a normative juridical approach by reviewing relevant legislation, literature, and regulatory documents. The results show that OJK holds normative, institutional, and legal responsibilities in supervising Corporate Social Responsibility (CSR) implementation to ensure compliance with the principles of transparency, accountability, independence, responsibility, and fairness. Meanwhile, banking institutions play a crucial role in ensuring that Corporate Social Responsibility (CSR) becomes an integral part of their sustainability strategy rather than a mere administrative formality. The application of Good Corporate Governance (GCG) has a positive impact on increasing public trust, as transparency and accountability in Corporate Social Responsibility (CSR) management strengthen the social legitimacy of banking institutions. Therefore, synergy between OJK and the banking sector in enhancing Corporate Social Responsibility (CSR) governance is the key to achieving an ethical and sustainable financial system.

This study examines the legal protection provided to holders of Building Use Rights (HGB) on land under Management Rights (HPL) as interpreted in Supreme Court Decision No. 2160 K/Pdt/2017. The research aims to understand how civil law is applied to ensure legal certainty for HGB holders on HPL land and to strengthen insight into civil law principles used in resolving land-rights disputes. In the juridical context, land refers to the earth’s surface, while land rights are defined as authority over a specific, limited portion of that surface. Legal certainty, based on written regulations implementing the Basic Agrarian Law No. 5 of 1960, provides clarity regarding the rights and obligations of parties who own or control land. The study was conducted at the Sragen Police Resort using documentation methods—reviewing legal texts, literature, and supporting materials—along with field data obtained through interviews with relevant officers and individuals familiar with the case. The findings show that the Judex Facti of the West Java High Court made an error by declaring that no new issues required examination without giving adequate legal reasoning. The court also failed to address the objections submitted by the appellant, violating Article 50 paragraph (1) of Law No. 48 of 2009 on Judicial Power. Consequently, the Supreme Court annulled the previous decision, clarifying the legal consequences and strengthening the interpretation of HGB status on HPL land.

Cross-national marriages between Indonesian citizens and foreign nationals generate complex legal issues concerning land ownership and citizenship. The Basic Agrarian Law (UUPA) and Citizenship Law No. 12 of 2006 have yet to harmonize their provisions regarding property rights within mixed-nationality marriages. This study aims to analyze the interrelation between land law and citizenship in cross-national marriages and evaluate their legal certainty. The research employs a normative-empirical approach by reviewing statutory regulations, case law, and interviews with land officials. The findings reveal a normative conflict between the prohibition of land ownership by foreign nationals and the constitutional right of Indonesian citizens married to foreigners to acquire joint property rights. Such disharmony leads to legal uncertainty and potential violations of property rights. The study concludes that reforming Indonesia’s land and citizenship law is crucial to accommodate international marriage dynamics and ensure legal certainty for all citizens.

The franchise business model has experienced rapid growth in Indonesia, particularly in the food, beverage, and modern retail sectors, such as Indomaret. The franchise system provides efficient business expansion opportunities for franchisors and franchisees to participate in businesses that already have established operational standards and market reputations. However, behind this development, significant legal challenges have emerged, particularly related to the unequal position between franchisors and franchisees in franchise agreements. This study aims to analyze the forms of legal protection for franchisees by reviewing the principles of fairness, balance, and legal certainty in the implementation of franchise contracts. The approach used is a normative juridical method with a case study of the Indomaret franchise partnership, which is examined through an analysis of related laws and regulations, such as Government Regulation Number 42 of 2007 concerning Franchising and Regulation of the Minister of Trade Number 71 of 2019. The results of the study indicate that there is still asymmetry of power in contract drafting, weak legal literacy of franchisees, and a lack of government oversight of agreement implementation. Therefore, regulatory reform and strengthening of oversight mechanisms are needed to ensure that franchise relationships operate fairly, transparently, and sustainably

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.

In order to maintain the integrity and dignity of their position, Notaries are required to comply with the Code of Ethics, including the prohibition on job promotions as stated in Article 4 paragraph (3) of the Notary Code of Ethics. However, violations of this rule are still frequently encountered. This study uses a doctrinal method by reviewing primary legal materials, such as the Notary Law, Minister of Law and Human Rights Regulation Number 19 of 2019, and the Notary Code of Ethics, as well as secondary legal materials in the form of books, legal journals, and interviews with the Chairperson of the Regional Board, Former Regional Honorary Council, and Members of the Indonesian Notary Association. The purpose of the study is to determine and analyze the position of the Notary Code of Ethics as a public official regarding violations committed, as well as to examine the form of legal accountability for violations of the code of ethics related to job promotions. The results of the study indicate that although the Notary Code of Ethics is binding, many Notaries still violate it, especially through job promotion practices that are contrary to the principles of professionalism and reduce public trust. Existing forms of accountability are still limited to ethical, moral, and social aspects within the scope of professional organizations, thus not being effective enough to create a deterrent effect, especially for notaries who repeatedly seek promotions. This research also revealed that although the Notary Code of Ethics provides clear provisions regarding the prohibition of promotions.

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law enforcement by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.

The Atur Dahar tradition is a ceremony to feed supernatural beings by leaving food overnight in a room, some are also drowned in the river. This tradition has become a hereditary custom by their ancestors. The existing actions are considered tabzir/wasteful and shirk. This study uses a normative empirical research type, the focus of this research is the views of religious leaders on the Atur Dahar tradition in Pait Village, Long Ikis District. The data analysis technique is carried out using a qualitative descriptive method, namely describing, explaining, and analyzing the results of the study by reviewing the study of 'urf. The procession of the Atur Dahar tradition in the celebration of the Banjar community in Pait village is divided into two implementations, namely dishes provided for ancestors, some are left overnight in the corner of the house and some are drowned in the river, but now the Atur Dahar tradition has been changed from food to which prayers are read and some have not changed, namely in the procession such as leftover food that becomes waste, and food that is less suitable or dirty is given to the community. Ten religious leaders agreed on the existence of the Atur Dahar tradition in celebrations if it complies with Islamic law. The Atur Dahar tradition is part of 'Urf Amali' because it is an act carried out by the community, especially the Banjar tribe in Pait village. This tradition is included in 'Urf Khash' because it is a custom of the Banjar tribe in Pait village. In terms of law, it is included in 'Urf Sahih', because some of the procession is in accordance with Islamic law, such as praying to Allah SWT and sharing food as alms with others. This tradition can also be included in 'Urf Fasid' because it is wasteful.

The code of ethics is an essential instrument in maintaining professionalism, integrity, and accountability within an institution, including the Indonesian National Police (Polri). As part of the effort to enforce ethical standards within the police force, the Police Code of Ethics Commission (KKEP) plays a role in ensuring that each police officer performs their duties in accordance with applicable legal and moral norms. The role of the KKEP becomes highly relevant in the context of good governance, where the principles of transparency, accountability, and the supremacy of law must be the primary foundations of government administration, including within the police system. This study conducts a normative juridical analysis of the role of the Police Code of Ethics Commission in realizing good governance within Polri. A normative juridical approach is used to examine the legal aspects regulating the authority and working mechanisms of the KKEP, by reviewing various regulations, such as the Chief of Police Regulation on the Police Profession Code of Ethics, as well as other legal documents. Additionally, this research also refers to the concept of good governance developed in the study of administrative law and public policy. Through this research method, the study will discuss how the structure and authority of the KKEP are designed to uphold police ethics, as well as how the implementation of the code of ethics can contribute to increasing public trust in the police institution. Therefore, this study is expected to provide a deeper understanding of the position and strategic role of the KKEP in ensuring the professionalism and integrity of Polri members in supporting the principles of good governance in Indonesia.

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law is enforced by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt ), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.  

The issue arises from Article 15 paragraph (2) letter f of the Notary Position Law (UUJN), which grants notaries the authority to draw up deeds related to land affairs but fails to clearly define the scope of that authority. This creates conflict with Article 2 of Government Regulation No. 37 of 1998 in conjunction with Government Regulation No. 24 of 2016, which stipulates that PPATs have the authority to draw up authentic deeds regarding certain legal acts in land affairs. This study employs a normative juridical method by reviewing statutory regulations and legal literature to analyze the issue. The results show that this overlapping authority leads to legal uncertainty and potential conflict between professional functions. In practice, although notaries are normatively granted authority in land-related matters, their implementation remains limited, as deeds drawn up by notaries cannot serve as a legal basis for land registration unless the notary is also appointed as a PPAT. Therefore, a legal reform is necessary, either through a revision of the UUJN or the establishment of implementing regulations that clarify each official’s authority. By doing so, legal certainty can be achieved, and inter-professional disputes can be minimized.

The death penalty is one of the means of protecting society and the state in the form of prevention and action. Indonesia is one of the countries that still maintains and recognizes the legitimacy of the death penalty as a punishment for perpetrators of criminal acts. The death penalty is closely related to human rights because the death penalty is the most severe punishment because perpetrators of criminal acts will lose the right to life which is a priceless right. Therefore, there is a conflict between the imposition of the death penalty on perpetrators of criminal acts and human rights. This paper aims to determine the provisions regarding the death penalty and the protection of human rights. The type of research taken in this study is normative legal research that contains relevant issues. Normative legal research is research that is conducted by reviewing applicable laws and regulations or applying them to legal problems. Several laws and regulations in Indonesia still maintain the threat of the death penalty, although the death penalty has been criticized by human rights activists. Therefore, there is a compromise (criminal policy) in the Criminal Code, namely using the death penalty as an alternative punishment rather than the main punishment and only applies to very serious crimes.

This study examines the legal conflict between workers' wage claims and state tax obligations in bankruptcy proceedings under Indonesian law, focusing on the constitutional imperative to prioritize workers' rights. The Introduction contextualizes the tension between Article 95(4) of the Labor Law, which mandates wage prioritization, and tax legislation granting precedence to state claims, highlighting the landmark Constitutional Court Decision No. 67/PUU-XI/2013 that affirmed workers' constitutional rights to timely wages. Employing a Method of normative legal research, the analysis integrates statutory and case approaches, reviewing laws on bankruptcy (UU No. 37/2004), labor rights, and taxation, alongside judicial decisions and international frameworks like ILO Conventions No. 100 and 111. Results reveal that while the Constitutional Court’s decision established workers’ absolute priority over tax claims, regulatory disharmony persists due to conflicting provisions in the Tax Law (UU KUP) and the 2020 Job Creation Law (UU Cipta Kerja), which ambiguously subordinates tax claims only to secured creditors. Discussion underscores the necessity for legal synchronization to align labor and tax regulations, ensuring compliance with Gustav Radbruch’s principles of legal certainty and Hans Kelsen’s normative hierarchy. The study advocates legislative reforms to codify workers’ priority in bankruptcy, drawing parallels with Malaysia’s Employment Act 1955 and France’s AGS system, which institutionalize wage protection. By addressing regulatory contradictions, Indonesia can harmonize constitutional mandates with fiscal policies, balancing social justice and economic stability.

Online lending has become an increasingly popular financial solution in Indonesia, providing easy access to funds for people who are not fully served by traditional financial institutions. Despite offering many conveniences, the rapid growth of online lending brings various risks, such as the rise of illegal online loans, high interest rates, and the potential misuse of users' personal data. This research aims to analyze consumer protection in online loan transactions, by reviewing existing regulations, such as Law No. 8/1999 on Consumer Protection, OJK Regulation No. 77/Pojk.01/2016, and the Electronic Information and Transaction Law (ITE Law). This research uses a normative legal research method with a statutory approach that prioritizes legal materials in the form of laws and regulations as the main reference. Data collection techniques are carried out through library research, analyzing relevant regulations and related literature. The results show that although these regulations already exist, the implementation of supervision and law enforcement is still weak, resulting in many violations harming consumers. Stricter supervision from OJK, strict sanctions against illegal fintech providers, and increased education to the public about their rights as consumers are needed. With more effective supervision and clearer regulations, it is hoped that the online lending industry can develop healthily and provide benefits without harming consumers.