Publication Search

This study aims to analyse the legal status of physical possession evidenced by a Letter C under land law, as well as the issue of legal certainty in the resolution of land disputes by the state. Many members of the public still rely on a Letter C as proof of possession of the land they own, even though this document serves only as administrative evidence and not as a strong instrument of proof of ownership. This study employs a juridical-normative legal research method using a legislative approach and a conceptual approach. The legal materials were gathered through a literature review and analysed qualitatively, with the findings presented in a descriptive format. The results indicate that Letter C possesses relatively weak evidential weight as it is merely an administrative record that does not follow the procedures within the land registration system as stipulated by the UUPA. Currently, Letter C serves only as a guide and therefore no longer possesses legal force equivalent to a certificate. The land system in Indonesia adopts a negative publication system with a positive tendency, meaning that a certificate constitutes strong evidence of rights, but may still be revoked if another party is able to prove their rights.

This study examines the regulation of copyright royalties as joint property in Indonesia, the United States, and Europe, aiming to provide recommendations for better legal implementation. The research employs a normative juridical method with a comparative legal approach, utilizing library research and qualitative analysis of primary and secondary legal materials. The findings indicate that Indonesia, the United States, and Europe share common ground in recognizing royalties derived from copyright as joint property when such economic benefits are obtained during marriage. However, significant differences exist in their approaches. European countries, particularly Spain and the Republic of Moldova, clearly distinguish between exclusive rights and economic rights, where copyright remains the creator's personal property while royalties are classified as joint property. The United States demonstrates considerable flexibility through state-level regulations, adopting either community property systems or equitable distribution systems. Indonesia, through Decision No. 1622/PDT.G/2023/PA.JB, has begun recognizing royalties as joint property. Nevertheless, Indonesia still requires clearer and more comprehensive regulations to ensure legal certainty regarding the status of royalties as joint property and their distribution following divorce. This study contributes to developing legal frameworks that balance protecting creators' personal rights with the principle of fairness in family law.

The development of information and communication technology has increased the use of electronic documents in legal and business activities, thereby affecting the evidentiary system in Indonesian civil procedural law. This study aims to analyze the legal regulation of electronic evidence and its evidentiary strength in resolving civil cases under Indonesian civil procedural law. The research method used is normative juridical research with statutory and library research approaches. The data were obtained from primary and secondary legal materials and analyzed qualitatively. The results show that electronic evidence has been legally recognized through Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. Its evidentiary strength has the same legal position as other forms of evidence as long as it fulfills the requirements of authenticity, integrity, and validity of electronic data. Therefore, more detailed regulations regarding authentication standards and examination procedures for electronic evidence are still needed to ensure legal certainty in civil court practices.

Land rights disputes arising from overlapping land certificates remain a complex agrarian law issue frequently encountered in Indonesia. This phenomenon reflects weaknesses in the land administration system, particularly in data collection, land measurement, and certificate issuance. Such disputes create conflicts, legal uncertainty, and reduced public trust in the land registration system. In practice, these disputes are generally resolved through civil litigation procedures in the District Court. This study aims to comprehensively analyze civil procedural law in resolving land rights disputes involving overlapping certificates and to examine the evidentiary strength of land certificates in judicial proceedings. This research employs a normative legal method using statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that dispute resolution begins with the filing of a lawsuit, followed by mediation, court examination, and the evidentiary process as the most crucial stage in determining lawful ownership. Land certificates serve as strong evidence; however, they are not absolute, as they may be challenged if administrative or substantive legal defects are identified. Judges play a central role in assessing certificate validity by considering land history, physical possession, good faith, and compliance with legal procedures. Nevertheless, the effectiveness of dispute resolution still requires improvement through better land administration, enhanced data accuracy, and stronger institutional integration.

The digital transformation of the Indonesian judicial system through the implementation of e-court and e-litigation necessitates a redefinition of conventional evidentiary laws, which have historically been governed by the Herziene Inlandsch Reglement (HIR) and the Rechtreglement voor de Buitengewesten (RBg). This research aims to analyze the evidentiary strength of electronic documents as expanded means of proof in civil proceedings and to identify the challenges regarding their implementation. The research method employed is normative legal research using a statutory approach and a conceptual approach. The findings indicate that based on the principle of functional equivalence, electronic documents hold a legal status equivalent to paper-based documents, provided they meet the requirements of integrity, accessibility, and authenticity through certified electronic signatures as mandated by Law Number 1 of 2024 concerning Electronic Information and Transactions. The evidentiary strength of an electronic document may reach the level of conclusive evidence, similar to an authentic deed, if supported by a reliable electronic system. However, implementation still faces technical hurdles concerning metadata verification and limited human resource competency within the judiciary. This research recommends the urgent need for a new codification of civil procedural law and the standardization of digital forensic procedures in trials to ensure legal certainty and justice for all parties in the digital era.

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 difference in the determination of when a divorce takes effect between Islamic law and statutory law raises issues in the judicial practice of the Sharia Court. In a number of cases, judges have issued a single bain sughra divorce even though, according to Sharia law, the husband has already issued three divorces. This raises issues regarding the validity of reconciliation and its legal implications for the status of the children. This study aims to analyze the differences in the concept of divorce, the reasons for the judges’ decisions, the validity of reconciliation, and the legal consequences for children in both legal systems. This study employs a mixed-methods approach (normative and empirical) using legislative, conceptual, and comparative frameworks. The analysis is conducted through comparative theory, legal certainty, maqāṣid al-syarī’ah, and child protection. The results indicate a fundamental difference between substantive validity in Islamic law and formal validity in positive law. The Sharia Court’s ruling on a single bain sughra divorce is based on procedural caution, yet it creates a dualism regarding the validity of reconciliation and the potential for legal uncertainty. Regarding children, positive law provides full recognition, while Islamic law continues to emphasize the caution regarding lineage but is oriented toward protecting the best interests of the child. This study offers an integrative approach by recognizing out-of-court divorce as a substantive legal fact to bridge legal certainty and justice.

Awig-Awig (traditional customary law) is a form of written customary law that exists and continues to develop within indigenous communities, particularly in Bali and Lombok. As part of Indonesia's pluralistic legal system, Awig-Awig plays a significant role in regulating social order, maintaining harmony, governing inter-community relations, and preserving local cultural and religious values. This study aims to examine the existence of Awig-Awig as a binding source of law within indigenous communities, as well as to analyze its relationship with the national legal system. The methods used in this research include juridical-normative and sociological approaches, supported by case studies conducted in several indigenous villages in Bali and Lombok. The results show that Awig-Awig remains highly relevant, respected, and effectively implemented as a community guideline. However, harmonization with state law is necessary to prevent potential norm conflicts and ensure legal certainty. These findings highlight the importance of formal recognition, protection, and integration of customary law within Indonesia’s national legal framework.

The development of digital technology has transformed trading patterns through the emergence of live shopping, a phenomenon that enables real-time interaction between sellers and consumers. Although it offers marketing efficiency, this model poses significant legal risks, including misleading information, promotional manipulation, and product non-conformity. This study aims to analyze legal certainty in consumer protection within live shopping transactions, examine the forms of business actors’ liability for consumer losses, and identify obstacles to regulatory implementation along with efforts to strengthen supervision.The research method employed is normative legal research using both a statute approach and a conceptual approach. The results indicate that legal certainty in consumer protection within this ecosystem is grounded in the integration of Law No. 8 of 1999 (Consumer Protection Law) as the lex generalis and Government Regulation No. 80 of 2019 (Electronic Commerce/PMSE) as the lex specialis, which recognizes the validity of real-time electronic contracts. The legal liability of business actors is strict liability in nature, in accordance with Article 19 of the Consumer Protection Law, and may also be construed as a tort (Article 1365 of the Civil Code) in cases involving distortion of visual information.However, the effectiveness of these regulations is hindered by the ephemeral nature of transactions and low levels of digital literacy. This study recommends the implementation of technology-based supervisory systems (suptech), strengthening the oversight function of platforms (PPMSE), and policy synchronization between the Ministry of Trade and the Ministry of Communication and Informatics in standardizing business actor verification to ensure the security of the digital commerce ecosystem.

The implementation of civil justice in Indonesia is fundamentally guided by the principles of simplicity, speed, and low cost. However, in practice, the regulation concerning the time limits for summons and the determination of trial schedules remains inadequate, leading to legal uncertainty. This study aims to analyze the legal certainty of time limits in summons and trial scheduling within civil procedural law, as well as to examine its implications for the effectiveness of case resolution. This research employs a normative legal method with statutory and conceptual approaches, supported by a descriptive-analytical design. The findings indicate that existing regulations, particularly those derived from the Herzien Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg), only provide minimum standards for summons but do not comprehensively regulate the timeframe for determining the first hearing or intervals between subsequent hearings. As a result, there is broad discretion in judicial practice, which leads to inconsistencies among courts, repeated trial delays, increased litigation costs, and reduced access to justice. Although recent reforms through electronic court systems have improved the mechanism of summons delivery, they have not sufficiently addressed the issue of time management in trial proceedings. This study concludes that the absence of clear and comprehensive regulations on trial timeframes weakens legal certainty and hinders the realization of efficient judicial processes. Therefore, strengthening normative regulations on trial scheduling is essential to support a more effective, predictable, and equitable civil justice system.

Human Trafficking (TPPO) has undergone a significant transformation in its modus operandi alongside the massive use of information technology, giving rise to the phenomenon of cyber-recruitment within the online scam industry. This study aims to analyze the juridical construction of the criminal elements in the cyber-recruitment modus operandi based on Law Number 21 of 2007, and to evaluate the potential disharmony of norms between the TPPO regulation and the Electronic Information and Transactions Law (UU ITE) regarding the regulation of digital evidence. The research method employed is normative legal research with a statutory approach and a conceptual approach. The results indicate that, dogmatically, the elements of TPPO—comprising the process of virtual recruitment, the means of fraudulent job promises, and the purpose of digital forced labor exploitation—under Law No. 21 of 2007 remain relevant for prosecuting cyber-recruitment perpetrators, although it demands a broader legal interpretation of cyberspace realities. However, legal certainty issues were found due to the lack of synchronicity in the regulation of digital evidence, where differences in procedures and qualifications exist between electronic evidence in the TPPO Law and the evidentiary standards in the UU ITE, which are volatile in nature. The implications of this research conclude the need for regulatory synchronization through the establishment of technical guidelines for handling TPPO-specific electronic evidence to provide a solid legal foundation for law enforcement agencies. This step is crucial to overcome cross-border jurisdictional obstacles and to ensure substantive justice and comprehensive protection of victims' rights in the digital era.

This study aims to analyze the effectiveness of legal capacity-building for Temporary Land Deed Officials (PPATS) in the preparation of land deeds in Aceh Besar Regency, Aceh Province. The research employs an empirical juridical method with a qualitative approach, utilizing data collection techniques including interviews, observation, and document analysis. This approach enables a comprehensive examination of both the normative framework and its practical implementation in the field. The findings indicate that the effectiveness of capacity-building for PPATS remains suboptimal, as the existing programs are largely administrative, incidental, and insufficient in addressing substantive legal aspects. Several factors influence this condition, including the non-legal educational background of PPATS, prevailing community legal culture, limitations in training programs, weak institutional coordination, and social pressures encountered in the practice of land deed preparation. These challenges contribute to a low level of material competence and legal prudence among PPATS in carrying out their duties. Accordingly, there is a need for a more sustainable, contextual, and competency-based capacity-building model to enhance the professionalism of PPATS. Such an approach is essential to strengthen their substantive legal understanding, improve the quality of land deeds, and ultimately support the realization of legal certainty in land administration services.

Trade secrets are a type of Intellectual Property Right that plays a crucial role in providing legal protection for business information with economic value and kept confidential by its owner. In the food industry, recipes not only serve as production guidelines but also serve as a business's identity and competitive advantage. Legal issues can arise if the recipe is used or owned by others without permission, especially when conflicts arise within the business or during competition. This situation can trigger trade secret disputes that can be detrimental to business owners, both financially and sustainably. This article discusses the position of fried chicken recipes as trade secrets in culinary business practices in Indonesia and the forms of legal protection available to rights holders. The discussion was conducted based on the provisions of Law Number 30 of 2000 concerning Trade Secrets, using a normative approach. The analysis shows that a fried chicken recipe falls into the trade secret category if it meets the requirements of being unknown to the public, having economic value, and being strictly maintained by the business owner. Therefore, legal protection for trade secrets is crucial to prevent unfair business competition and provide legal certainty and protection for culinary businesses in Indonesia  

Intellectual property rights (IPR) are an important legal tool for trademark ownership, protecting business quality, and protecting a company's economic interests. Consumers build trust in trademarks because they signal distinct product quality and reflect a positive and consistent corporate image. Trademark protection is regulated by national law under Trademark Law No. 20 of 2016, which provides legal certainty for trademark owners. This law stipulates that a trademark is only valid if it has distinctive elements, is not imitative, and has been officially registered with an authorized institution. The "first come, first served" principle in Indonesian trademark law can be interpreted as a mechanism that grants rights to the first party to file a valid application. However, the application of this principle in practice often raises complex legal issues, particularly when a trademark has already gained widespread public recognition prior to its formal registration. This study focuses on evaluating this legal protection through a normative legal research method by examining applicable laws, regulations, and court decisions related to trademark disputes in Indonesia. The Geprek Bensu dispute has attracted public attention because it highlights the conflict between legal provisions regarding trademark ownership and public perception. This case demonstrates that the existing legal framework still requires further refinement to balance the interests of trademark registrants with those of parties who have built public reputation through prior commercial use. Therefore, legal reform and consistent law enforcement are essential to ensure fair and comprehensive trademark protection in Indonesia.

The purpose of this study is to examine the implementation of employment agreements as one of the means of providing legal protection for workers’ rights. The research method employed in this study is normative juridical, utilizing primary and secondary legal materials obtained through the analysis of statutory regulations, legal scholars’ opinions, as well as books and journals relevant to the subject under study. The results of the study indicate that employment agreements, as a form of preventive legal protection for workers’ rights, are a consequence of the application of the welfare state concept, thereby requiring the state to intervene in employment relationships arising from such agreements. This form of intervention can be observed in Law Number 13 of 2003 concerning Manpower. The provisions contained in this law, particularly Article 54 paragraph (1) of Law Number 13 of 2003 concerning Manpower, constitute a form of preventive legal protection, especially in points (e) and (f), as they regulate economic rights as well as the rights and obligations of workers. These provisions provide protection and serve as a form of legal certainty that safeguards workers from the beginning of their employment. The obstacles encountered in the implementation of employment agreements as a preventive means of protecting workers’ rights are divided into three factors: regulatory factors, legal culture factors, and legal structure factors.

The establishment of national territorial boundaries is a strategic priority to safeguard sovereignty, maintain security stability, and strengthen bilateral relations between Indonesia and Malaysia as well as Timor-Leste. As of 2024, there remain nine Outstanding Boundary Problems (OBP) with Malaysia and two unresolved segments with Timor-Leste. These issues stem from the continued relevance of outdated colonial agreements, limited diplomatic capacity, weak inter-agency coordination, and minimal support from modern surveying technology. Based on an analysis of four policy alternatives using the criteria of effectiveness, efficiency, and long-term impact, the Strengthening of Intensive Bilateral Diplomacy has been identified as the priority policy. Implementation is directed to the Badan Nasional Pengelola Perbatasan (BNPP) as the main coordinator, supported by regulatory frameworks, diplomatic resources, and cross-ministerial/institutional coordination. Through this strategy, the resolution of pending boundary segments can be accelerated, legal certainty over national territory can be strengthened, security stability in border areas can be improved, and bilateral relations can become closer. Furthermore, Indonesia needs to strengthen diplomatic strategies, leverage technology, and enhance inter-agency coordination to accelerate the resolution of national border disputes. This policy directly contributes to achieving territorial sovereignty and sustainable development toward Indonesia Vision 2045.

Disputes over unpaid insurance claims are a problem that frequently arises in insurance practice and can harm consumers both financially and psychologically, while also reducing public trust in the insurance industry. Such disputes are generally triggered by differing interpretations of policy provisions, alleged breaches of the good-faith principle, and administrative obstacles, which ultimately lead to civil conflicts between the insured and the insurer. To provide access to dispute resolution that is faster, fairer, and more affordable than litigation, the Financial Services Authority (Otoritas Jasa Keuangan/OJK) established the Alternative Dispute Resolution Institution for the Financial Services Sector (Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan/LAPS SJK) through OJK Regulation No. 61/POJK.07/2020. This study aims to analyze the mechanism for resolving disputes over unpaid insurance claims through LAPS SJK and to assess its effectiveness in providing legal protection and legal certainty for consumers. The research method employed is normative legal research using a statutory approach and a conceptual approach, through an examination of primary, secondary, and tertiary legal materials related to contracts, insurance, consumer protection, and alternative dispute resolution. The findings show that LAPS SJK has the authority to handle civil disputes in the financial services sector, including insurance disputes, provided that the parties have a written agreement and have first pursued internal dispute resolution (Internal Dispute Resolution/IDR). Dispute resolution at LAPS SJK is conducted through mediation and arbitration. Mediation is facilitated by a mediator to encourage the parties to reach a settlement agreement, which may be reinforced into a Deed of Settlement (Akta Perdamaian) that is final, binding, and enforceable. If mediation fails, arbitration offers a more determinative resolution through a final and binding award that can be enforced after being registered with the District Court. Overall, LAPS SJK is considered effective because its procedures are structured, time-bound, and provide a fee waiver for mediation in retail and small-claim cases up to IDR 750,000,000. However, its effectiveness remains conditional, as it depends on the existence of a written agreement between the parties, the obligation to undergo IDR, and good faith in the mediation process.

This research is grounded in the enactment of Law Number 1 of 2023 concerning the National Criminal Code, which raises normative questions regarding the legal status of gratification within Indonesia’s anti-corruption framework. The study aims to analyze the normative position of gratification following criminal law codification and to assess its implications for evidentiary mechanisms under the Anti-Corruption Law. Employing a normative legal research method, this study applies statutory and conceptual approaches through comprehensive literature review of primary and secondary legal sources. The findings indicate that gratification remains regulated under the Anti-Corruption Law as lex specialis and is not nullified by the National Criminal Code. The reversal of the burden of proof mechanism continues to apply, although its interpretation must align with fundamental criminal law principles such as culpability and proportionality. The study concludes that systematic harmonization between both legal regimes is essential to ensure legal certainty and strengthen anti-corruption enforcement.

This study examines the comparison between litigation and Alternative Dispute Resolution (ADR) in resolving business conflicts in Indonesia. The increasingly complex nature of business activities has led to a variety of conflicts, such as breach of contract, share ownership disputes, and payment issues, which require efficient resolution methods that provide legal certainty. This study aims to explore the characteristics, procedures, advantages, and disadvantages of dispute resolution through litigation and ADR, which include negotiation, mediation, conciliation, and arbitration. The method applied is normative juridical, drawing on legislation, legal doctrine, and relevant literature. The research findings indicate that litigation offers stronger legal certainty through binding court decisions and organized procedures, but is often time-consuming, expensive, and produces win-lose outcomes. On the other hand, ADR offers flexibility, confidentiality, efficiency, and the opportunity to reach mutually beneficial solutions, although in some situations it requires court confirmation for enforcement. Therefore, the choice of dispute resolution method needs to be adjusted to the nature of the conflict, the relationship between the parties, and the need for legal certainty.

General elections constitute a fundamental pillar of Indonesia’s democratic system, functioning as a mechanism for the exercise of popular sovereignty and the protection of citizens’ voting rights. During the 2024 Regional People’s Representative Council (DPRD) election in Tarakan City, the Badan Pengawas Pemilu Kota Tarakan recorded twelve reports of alleged administrative violations throughout the electoral stages, including during the national vote recapitulation process. Of these reports, three allegations were proven, involving violations related to the Additional Voter List, the Special Voter List, and the eligibility requirements of candidates running for the Tarakan City DPRD in 2024. Essentially, election law enforcement serves as a safeguard to ensure fairness, legal certainty, and the protection of citizens’ constitutional right to vote. This study aims to examine the implementation of legal enforcement mechanisms against administrative violations in the 2024 Tarakan City DPRD election. A socio-legal research approach was employed to analyze both normative regulations and their practical application. Referring to Peraturan Bawaslu Nomor 8 Tahun 2022 concerning the Settlement of Administrative Violations of General Elections, the findings indicate that the Tarakan City Bawaslu holds authority in adjudicating and imposing sanctions on proven violations. As a result, one candidate, Erick Hendrawan Septian Putra, was disqualified from Electoral District 1. Furthermore, sanctions were imposed on the chairpersons and members of Polling Station 88 in Karang Anyar and Polling Station 2 in Pamusian for failing to carry out their duties as voting organizing groups in the election and subsequent processes.