Analisis Hukum terhadap Klaim Greenwashing Akuntabilitas Hukum di Era Branding Berkelanjutan
(Budi Raharjo, Methodius Kossay)
DOI : 10.51903/sp9aj288
- Volume: 3,
Issue: 2,
Sitasi : 0 30-May-2025
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| Last.23-Jul-2025
Abstrak:
Greenwashing poses significant challenges to sustainability initiatives in Indonesia, where weak regulatory frameworks and inconsistent enforcement exacerbate the issue. This study explores the interplay between greenwashing practices and legal regulations, aiming to identify gaps and propose solutions to address the problem. Employing a qualitative case study design, the research utilized document analysis, semi-structured interviews, and content observation to gather data from multiple stakeholders, including legal experts, industry practitioners, and consumer organizations. The findings reveal that 55% of sustainability claims in marketing materials lack verifiable evidence, highlighting transparency as a critical concern. Weak regulatory oversight and the absence of standardized definitions for terms like "sustainable" or "eco-friendly" further complicate the issue. The study identifies transparency, monitoring, and legal accountability as key themes requiring immediate attention. The research contributes to the existing literature by integrating legal perspectives with sustainable branding strategies, particularly in the context of developing countries. It also underscores the need for regulatory reforms that emphasize clear standards and stringent sanctions. Practical implications include recommendations for regulators to enhance oversight mechanisms and for companies to prioritize transparency to gain consumer trust. Future research should explore the effectiveness of standardized sustainability metrics and evaluate cross-country regulatory frameworks. This study offers a comprehensive foundation for addressing greenwashing and fostering authentic sustainability practices.
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2025 |
Keberlanjutan Ekonomi dalam Perspektif Hukum: Analisis Regulasi Environmental, Social, and Governance di Indonesia
(Methodius Kossay, Rengga Kusuma Putra, Maulana Fahmi Idris)
DOI : 10.51903/perkara.v3i1.2355
- Volume: 3,
Issue: 1,
Sitasi : 0 14-Mar-2025
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| Last.23-Jul-2025
Abstrak:
The implementation of Environmental, Social, and Governance (ESG) regulations in Indonesia is still in its developmental stage and faces several challenges in enforcement and compliance. Compared to developed countries, Indonesia's ESG framework lacks strong incentives and adequate regulatory oversight, leading to inconsistencies in corporate adherence. This study aims to analyze the effectiveness of ESG regulations in Indonesia from a legal perspective and evaluate their impact on corporate compliance. A normative juridical approach was used, supplemented by case studies of companies that have implemented ESG principles. Data were collected through document analysis of regulatory frameworks, sustainability reports, and interviews with key stakeholders. The findings indicate that while the number of companies adopting ESG practices has increased significantly from 45 in 2018 to 675 in 2023, only 38% fully comply with ESG standards. Moreover, statistical analysis reveals a strong correlation (r = 0.78, p < 0.05) between regulatory strictness and corporate adherence. Weak enforcement mechanisms and the voluntary nature of ESG reporting remain major obstacles to effective implementation. The study also highlights that firms integrating ESG principles tend to attract more investment and demonstrate better financial stability. The findings contribute to the ongoing discourse on ESG regulation by emphasizing the need for policy reforms, including stricter enforcement, standardized reporting mechanisms, and economic incentives to enhance compliance. This research provides a foundation for future comparative studies on ESG regulation and suggests integrating technology-based monitoring tools such as blockchain and artificial intelligence to improve corporate accountability and sustainability practices.
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2025 |
Legal Accountability of Algorithmic Bias : Examining the Role of Law in Preventing Discriminatory AI Decisions
(Maulana Fahmi Idris, Methodius Kossay)
DOI : 10.62951/ijls.v2i2.521
- Volume: 2,
Issue: 2,
Sitasi : 0 04-Mar-2025
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| Last.13-Aug-2025
Abstrak:
The increasing adoption of artificial intelligence (AI) in decision-making processes has raised significant concerns regarding algorithmic bias and legal accountability. This study examines the regulatory challenges and enforcement gaps in addressing AI bias, with a particular focus on Indonesia’s legal landscape. Through a comparative analysis of AI governance frameworks in the European Union, the United States, China, and Indonesia, this research identifies key deficiencies in Indonesia’s regulatory approach. Unlike the EU’s AI Act, which incorporates risk-based classification and strict compliance measures, Indonesia lacks a dedicated AI legal framework, leading to limited enforcement mechanisms and unclear liability provisions.The findings highlight that transparency mandates alone are insufficient in mitigating algorithmic discrimination, as weak enforcement structures hinder effective regulatory oversight. Furthermore, the study challenges the notion that global AI regulatory harmonization is universally applicable, emphasizing the need for a context-sensitive hybrid model tailored to Indonesia’s socio-legal environment. The research suggests that Indonesia must adopt a comprehensive AI legal framework, strengthen regulatory institutions, and promote interdisciplinary collaboration between legal experts and AI developers. Future research should focus on empirical case studies, the development of context-specific AI accountability models, and the role of public engagement in AI bias mitigation. These efforts will be essential in shaping effective AI governance strategies that ensure fairness, transparency, and accountability in Indonesia’s digital transformation.
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2025 |
Legal Issues in the Supervision and Enforcement of Professional Ethics for Advocates in Indonesia
(Budi Raharjo, Rengga Kusuma Putra, Methodius Kossay)
DOI : 10.51903/hakim.v3i1.2287
- Volume: 3,
Issue: 1,
Sitasi : 0 19-Feb-2025
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| Last.23-Jul-2025
Abstrak:
The supervision and enforcement of the advocate code of ethics in Indonesia continue to face various challenges, impacting the effectiveness of the existing regulatory framework. The number of ethical violations committed by advocates has been increasing, from 120 cases in 2018 to 345 cases in 2023, with the most prevalent infractions including conflicts of interest, abuse of authority, and gratification. One of the primary factors contributing to the weak enforcement of the code of ethics is the limited oversight system, which remains confined to advocate organizations without the involvement of independent institutions. This study aims to analyze the effectiveness of the advocate supervision system in Indonesia, compare it with best practices in other countries, and identify measures that can be implemented to enhance accountability and transparency within the profession. The research employs a normative legal method with a comparative law approach and empirical studies. The analysis is conducted on existing regulations, case reports on violations, and interviews with key stakeholders, including advocates, clients, and legal observers. The findings reveal that only 40% of reported violations result in strict sanctions, while merely 10% of advocates found guilty of ethical misconduct face license revocation. Additionally, a survey of 500 respondents indicates that only 35% of the public is aware of the complaint procedures against advocates who breach ethical standards, highlighting the low level of transparency in the supervision system. This study contributes to the discourse by recommending the establishment of an independent institution to oversee advocates' compliance with ethical standards, as well as the increased utilization of digital technology in the supervision system. With more transparent and accountable oversight reforms, it is expected that ethical violations within the legal profession can be minimized, thereby strengthening public trust in Indonesia’s legal system
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2025 |
Efektivitas Mediasi dalam Penyelesaian Sengketa Perdata di Era Digital: Pendekatan Empiris terhadap Sistem Peradilan Indonesia
(Methodius Kossay, Maulana Fahmi Idris, Putri Pratiwi, Suwardi)
DOI : 10.51903/perkara.v2i4.2226
- Volume: 2,
Issue: 4,
Sitasi : 0 04-Jan-2025
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| Last.23-Jul-2025
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This study explores the effectiveness of digital mediation in resolving civil disputes within Indonesia’s judiciary system, particularly in the era of rapid technological advancement. The growing backlog of cases and the high costs of litigation have emphasized the need for more efficient and accessible dispute resolution methods. Digital mediation emerges as a promising alternative, leveraging technology to bridge geographical barriers and reduce procedural delays. The study aims to analyze the factors influencing the success of digital mediation and identify challenges that hinder its implementation. Using a qualitative approach, this research collected primary data through in-depth interviews with mediators, disputing parties, and judicial policymakers. Secondary data were gathered from official court reports and relevant literature. The analysis involved thematic coding and interpretation of data to uncover patterns and insights. Case studies from urban, semi-urban, and rural courts provided a comprehensive understanding of the varying success rates of digital mediation. The findings reveal that mediator training in technology significantly enhances the success rate of digital mediation, particularly in urban areas with better digital infrastructure. However, rural areas face challenges such as limited internet access and low digital literacy, which impede the effectiveness of the mediation process. The study also highlights the importance of integrating judicial systems with digital mediation platforms and revising regulatory frameworks to ensure consistent implementation. This research contributes to the theoretical understanding of digital mediation and offers practical implications for policymakers. It underscores the need for targeted training programs for mediators and investments in digital infrastructure to promote equitable access. The findings provide a roadmap for improving digital mediation practices and suggest further exploration of user experiences and longitudinal impacts. By addressing existing challenges, digital mediation can become a cornerstone of Indonesia’s civil dispute resolution in the digital age.
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2025 |
Pemanfaatan Hukum Internasional dalam Penyelesaian Sengketa Laut China Selatan: Analisis dengan Pendekatan Doktrinal
(Poppy Fitrijanti Soeparan, Methodius Kossay)
DOI : 10.51903/hakim.v2i4.2189
- Volume: 2,
Issue: 4,
Sitasi : 0 25-Nov-2024
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| Last.23-Jul-2025
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The South China Sea is a strategic region of global significance, both economically and geopolitically. It serves as a major global trade route, with over 30% of global trade passing through it annually. Additionally, the South China Sea is rich in natural resources, including oil, gas, and abundant marine products. However, overlapping territorial claims among countries such as China, the Philippines, Vietnam, Malaysia, Brunei, and Indonesia have triggered prolonged geopolitical tensions. This study aims to analyze the role of international law, particularly UNCLOS 1982, as the primary framework for resolving these disputes. Using a doctrinal approach, the study examines primary legal documents, such as UNCLOS 1982, the 2016 Arbitration Award, and ASEAN agreements. Data shows an average of 15 annual conflicts in the South China Sea over the past decade, with a significant increase from 5 cases in 2014 to 25 cases in 2023. While UNCLOS 1982 provides a clear legal framework, non-compliance with arbitration rulings, such as China's refusal to adhere to the 2016 ruling, highlights weaknesses in enforcement mechanisms and sanctions. This study emphasizes that multilateral approaches based on international law, supported by regional mechanisms like ASEAN, have yet to achieve full effectiveness. The findings offer strategic recommendations, including reforming international sanction mechanisms and strengthening ASEAN frameworks to support conflict resolution and ensure sustainable stability in the region
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2024 |
Evaluasi Implementasi Hukum Pidana terhadap Kasus Kejahatan Lingkungan di Kawasan Hutan Lindung: Studi Kualitatif-Etnografis
(Methodius Kossay, Rengga Kusuma Putra, Athiyah Salwa)
DOI : 10.51903/hakim.v2i4.2166
- Volume: 2,
Issue: 4,
Sitasi : 0 25-Nov-2024
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| Last.23-Jul-2025
Abstrak:
Protected forests play a crucial role in preserving biodiversity and mitigating climate change. However, these areas face increasing threats from illegal activities, such as logging and land encroachment, which compromise environmental stability and result in significant economic losses. This study evaluates the implementation of criminal law in addressing environmental crimes within Indonesia's protected forest areas, focusing on the effectiveness and challenges encountered in enforcement. A qualitative ethnographic approach was employed, involving direct observation, in-depth interviews, and focus group discussions (FGDs) with local communities, law enforcement officials, and other stakeholders. The findings reveal that the effectiveness of law enforcement is hindered by several key factors: economic dependency on illegal activities, limited capacity and resources of law enforcement agencies, and external pressures from vested interests. Additionally, the lack of public awareness and inconsistent legal implementation exacerbate these challenges. Despite existing regulations, enforcement remains insufficient to deter environmental crimes or provide lasting protection for critical ecosystems. This study contributes to the understanding of the socio-economic and cultural dynamics that influence the effectiveness of environmental law enforcement. It underscores the need for a holistic strategy that integrates legal, economic, and community-based approaches. Recommendations include strengthening the capacity of law enforcement agencies, fostering public awareness through educational programs, and involving local communities and traditional leaders in collaborative conservation efforts. By addressing these gaps, the research provides actionable insights to enhance the preservation of protected forests in Indonesia and supports the development of more sustainable and inclusive environmental policies
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2024 |