Jurnal Ius Constituendum is an open-access, double-masked, peer-reviewed law journal published by Magister Hukum Universitas Semarang. Jurnal Ius Constituendum is a scientific journal that includes research, court decisions, and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the latest in the field of legal studies in accordance with the character of ius constituendum. Jurnal Ius Constituendum, a periodic journal published three times a year in February, June, and October (since Volume 8, 2023), has been indexed SINTA 3 (Accredited by the Directorate General of Research and Development of the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia, Number 79/E/ KPT/2023). Jurnal Ius Constituendum, starting in December 2022, has collaborated on journal publication with the professional organization Ikatan Notaris Indonesia. Jurnal Ius Constituendum registered as a member of the Crossref system with Digital Object Identifier (DOI) prefix 10.26623. All articles will have a DOI number. This journal aims to provide a venue for academicians, researchers, and practitioners to publish original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics, including: Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Business Law, Medical Law, Environmental Law, and Legal Philosophy. Indexed by: Google Scholar; Directory of Open Access Journals (DOAJ); Garuda (Garba Rujukan Digital); SINTA (Science and Technology Index); Dimensions Online Submissions Already have a Username/Password for Journal Ius Constituendum? GO TO LOGIN Need a Username/Password? GO TO REGISTRATION
The journal holds the copyright for each article published with work licensed simultaneously under a Creative Commons Attribution 4.0 International License, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal.
Legal Certainty and Due Care in Land Measurement :Evaluating Inconsistency Land Official's Action
This study examines the application of the General Principles of Good Governance (AUPB), particularly legal certainty and due care, in State Administrative Decisions concerning land measurement in Indonesia, with a focus on inconsistencies in administrative reasoning. While AUPB is formally recognized as a normative standard guiding administrative action, its practical implementation remains fragmented and often fails to ensure consistent decision-making. Employing a normative juridical method with case, conceptual, and comparative approaches, this research analyzes Decision No. 39/G/2025/PTUN.JKT and Decision No. 132/G/2025/PTUN.BDG to identify patterns of inconsistency in administrative and judicial reasoning. The findings reveal that contradictory legal reasoning and inadequate verification of factual and juridical data constitute violations of AUPB, undermining the legitimacy of administrative decisions and generating legal uncertainty for rights holders. These inconsistencies reflect not merely procedural deficiencies but structural limitations in the Indonesian administrative law framework, which predominantly relies on reactive judicial control rather than preventive governance mechanisms. By comparing Indonesia with the United States administrative law system, this study highlights the importance of structured reasoning standards and ex ante procedural safeguards in ensuring accountability. The novelty of this research lies in reconceptualizing administrative inconsistency as a systemic doctrinal issue and proposing the integration of technology-based verification and digital traceability as mechanisms to operationalize legal certainty and due care. The study contributes theoretically by bridging the gap between AUPB as a normative principle and its application in adjudication, and practically by offering policy-oriented recommendations to strengthen consistency, transparency, and accountability in land administration.
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Civil Liability for Consumer Safety Violations in Music Concert Management
The increasing scale of commercial music concerts in Indonesia has generated significant legal problems related to consumer safety protection and organizer accountability, particularly when operational failures threaten public security, as reflected in the 2024 Lentera Festival incident in Tangerang. Weak implementation of consumer protection norms demonstrates a gap between statutory guarantees and practical enforcement in large-scale entertainment events. This research applies a normative juridical method employing statute and case approaches to examine the application of consumer safety and security principles and the resulting civil liability of concert organizers. Legal materials analyzed include Indonesian Consumer Protection Law Number 8 of 1999, the Civil Code, doctrinal writings, and relevant case facts. The findings indicate that the organizer’s lack of transparency, inadequate risk management, and failure to ensure operational preparedness constituted violations of consumer safety principles and resulted in both breach of contract and unlawful acts. Such violations trigger civil liability under Articles 1243 and 1365 of the Civil Code, alongside statutory compensation obligations under consumer protection law, granting consumers rights to material and immaterial damages. This study demonstrates that consumer safety principles must operate as enforceable operational standards rather than declarative norms. The novelty of this research lies in explicitly integrating consumer protection principles with civil liability construction within large-scale entertainment governance, showing that organizer negligence simultaneously activates contractual, tort-based, and statutory liability frameworks.
Copyright (c) 2026 Jurnal Ius Constituendum http://creativecommons.org/licenses/by/4.0
Constitutionalizing the Right to Truth as an Unwritten Constitutional Right in Indonesia
This study aims to construct a constitutional legal framework for recognizing the Right to Truth as an unwritten fundamental constitutional right within the Indonesian legal system. Although the 1945 Constitution does not explicitly enshrine the Right to Truth, this research argues that such a right can be derived from core constitutional principles, particularly the Rule of Law and Popular Sovereignty, through a progressive interpretation grounded in the Living Constitution doctrine. Employing a normative juridical method combined with conceptual, comparative, and case law approaches, this study demonstrates that constitutional rights are not limited to textual enumeration but may evolve in response to contemporary democratic needs. The findings reveal that the Right to Truth functions as a foundational prerequisite for ensuring transparency, accountability, and the effective exercise of popular sovereignty, particularly in historical, legislative, and administrative contexts. The novelty of this research lies in repositioning the Right to Truth from an international human rights norm into a constitutional doctrine capable of serving as a direct source of law within domestic governance. This study contributes both theoretically, by developing a framework for recognizing unenumerated constitutional rights in Indonesia, and practically, by providing a doctrinal basis for the Constitutional Court and policymakers to institutionalize the Right to Truth as a justiciable constitutional guarantee, thereby strengthening democratic integrity and constitutional protection for citizens.
Government Authority and Legislative Term Limits in Indonesia’s Constitutional Reform
This study aims to examine the existence of governmental authority in legal reform concerning legislative term limits in Indonesia and to analyze its constitutional implications within the Indonesian state governance system. The absence of explicit regulations limiting legislative tenure has created constitutional challenges, including concentration of political power, weakened institutional accountability, and unequal political opportunities that contradict the principle of equality before the law. The urgency of this research arises from the need to restore constitutional balance and ensure fair political competition within representative institutions. This research employs a normative legal method using statutory, conceptual, historical, and theoretical approaches, supported by the analysis of primary legal materials (the 1945 Constitution and election laws), secondary legal materials (legal doctrines and scholarly studies), and relevant tertiary sources. The findings reveal that governmental authority constitutionally enables legal reform through legislative policy formation and constitutional amendment mechanisms, and that legislative term limits are necessary to prevent structural domination, strengthen checks and balances, and promote ethical governance. The study further demonstrates that the absence of tenure limitation creates systemic inequality in political access, thereby requiring legal reform as a constitutional corrective instrument. The novelty of this research lies in positioning legislative term limits within the framework of equality before the law and governmental authority theory, offering a new constitutional perspective that integrates limitation of power with democratic legal reform to ensure equal political opportunity and reinforce constitutional democracy in Indonesia.
Implementation of Legal Protection for Employees Experiencing Workplace Accidents
This study aims to analyze the implementation of legal protection for employees experiencing workplace accidents at HCP Ltd. and to evaluate the extent to which the company fulfills workers’ rights in accordance with Indonesian labor regulations. The findings demonstrate that HCP Ltd. has formally implemented legal protection through employee participation in the BPJS Employment program, provision of medical treatment access, continuation of wage payments during recovery periods, and maintenance of employment relationships for injured workers. However, the implementation of such protection remains predominantly procedural and reactive, indicating a substantial gap between formal legal compliance and the substantive fulfillment of workers’ rights. Delays in Work Accident Insurance (JKK) claims, limited employee understanding of labor protection mechanisms, inconsistent occupational safety and health (OSH) supervision, and the absence of structured psychological rehabilitation reflect that worker protection has not yet fulfilled the due diligence standard required within contemporary labor governance. The novelty of this research lies in its empirical and micro-level examination of labor protection effectiveness within a specific corporate setting, thereby moving beyond conventional normative labor law studies that primarily emphasize statutory adequacy without critically assessing practical implementation. Theoretically, this study contributes to the development of labor law scholarship by strengthening the discourse on substantive legal protection, corporate due diligence obligations, and human-centered occupational safety governance. Practically, this research recommends strengthening internal OSH supervision, institutionalizing worker legal education, accelerating administrative claim mechanisms, and integrating psychological rehabilitation into post-accident recovery systems to ensure more effective, sustainable, and justice-oriented worker protection.
Ambiguity in APIP Supervisory Findings and the Limits of Administrative Court Jurisdiction in Indonesia
This study examines the ambiguity of the phrase “APIP Supervision Results” in Article 2(2) of Supreme Court Regulation No. 4 of 2015, which has led to inconsistent judicial interpretations and legal uncertainty regarding the jurisdiction of the Administrative Court in reviewing alleged abuse of authority. While existing studies primarily address the general relationship between administrative courts and supervisory mechanisms, they have not sufficiently analyzed the plurality of APIP supervisory regimes and their implications for jurisdictional limits. Employing normative legal research with statutory, case, conceptual, and philosophical approaches, this study analyzes regulatory frameworks and divergent court decisions to identify interpretative inconsistencies. The findings reveal that APIP supervision operates within a pluralistic and fragmented regulatory structure, encompassing multiple forms beyond regular and specific-purpose supervision, thereby rendering a purely formal interpretation inadequate. This study argues that limiting the meaning of “APIP Supervision Results” to specific supervisory typologies undermines legal certainty and restricts access to judicial protection. Accordingly, it proposes a shift toward a substantive interpretative approach based on normative criteria capable of accommodating diverse supervisory practices. The novelty of this research lies in its systematic reconstruction of the concept of APIP supervision results through a substantive-normative framework that integrates the plurality of supervisory regimes with theories of authority and legal certainty. Its contribution is to provide a doctrinal basis for clarifying the limits of administrative judicial authority and to offer practical guidance for achieving consistency in judicial interpretation, thereby strengthening legal certainty and administrative justice in Indonesia.
Examining of Elements of Abuse of Authority
Justice-Oriented Law Enforcement Against Notarial Embezzlement of Entrusted Investment Funds
This study aims to analyze law enforcement against Notaries who commit embezzlement of entrusted investment funds and to formulate a justice-oriented enforcement model. The problem arises from recurring cases of abuse of trust by Notaries that not only cause financial losses to investors but also reveal a gap between normative legal provisions and their fragmented implementation in practice. Previous studies tend to address notarial liability in a partial manner by separating criminal, civil, and administrative aspects, thereby failing to offer an integrated framework of enforcement. This research employs a normative legal method using statutory, conceptual, and case approaches, with secondary legal materials analyzed qualitatively through deductive reasoning. The findings demonstrate that embezzlement of entrusted funds by a Notary constitutes aggravated embezzlement when linked to professional authority, reflecting an abuse of public trust that extends beyond ordinary contractual violations. More importantly, the study finds that the core weakness of current law enforcement lies in the lack of integration among criminal sanctions, civil restitution, and administrative supervision, resulting in inadequate protection for investors. The novelty of this research lies in developing a justice-oriented law enforcement model that integrates punitive, restorative, and regulatory mechanisms into a coherent system, ensuring not only punishment but also restitution and preventive supervision. This model provides a more balanced approach to achieving legal certainty, investor protection, and professional accountability in notarial practice.
Legal Responsibility of Local Government in Managing Urban Green Open Spaces: A Study of the West Flood Canal Riverbank in Semarang
This study aims to analyze the condition and function of green open spaces (RTH) along the West Flood Canal riverbank in Semarang City and to examine the legal responsibility of the local government in its management. Addressing a gap in prior studies that predominantly focus on technical and environmental aspects, this research adopts an empirical juridical method with a socio-legal approach, combining statutory analysis with field data from observations and interviews to evaluate the relationship between normative obligations (das sollen) and implementation realities (das sein). The findings indicate that although Semarang City has formally fulfilled the statutory requirement of 30% green open space, the proportion of accessible public RTH remains significantly below legal standards, revealing a substantive gap between regulatory compliance and functional effectiveness. From the perspective of Hans Kelsen’s theory of legal responsibility, this condition reflects incomplete fulfillment of legal obligations, despite ongoing governmental actions in planning, supervision, and enforcement. The novelty of this study lies in integrating ecological riverbank functions with a doctrinal analysis of municipal accountability, thereby advancing a norm-based framework for evaluating environmental governance. Strengthening green open space management is therefore essential not only for flood mitigation and environmental sustainability but also for ensuring legal accountability and improving urban public welfare.
Regulatory Compliance and Institutional Effectiveness in Urban Drainage Governance: An Empirical Study of Semarang City
This study aims to evaluate the effectiveness of urban drainage governance in Semarang City by examining the institutional performance of the Public Works Agency in implementing Minister of Public Works Regulation No. 12/PRT/M/2014, as well as identifying the key constraints affecting its implementation. Urban flooding and waterlogging remain persistent issues, indicating a gap between regulatory mandates and practical outcomes. Employing an empirical juridical approach with a descriptive design, this research integrates normative legal analysis with field data obtained through interviews, observations, and literature review, which are analyzed qualitatively. The results show that although drainage management programs have been formally implemented in accordance with regulatory provisions, their effectiveness remains partial, as evidenced by recurring flooding caused by limited infrastructure capacity, sedimentation, delayed budget allocation, and low levels of community participation. The novelty of this study lies in its integrative analytical framework that connects regulatory compliance with institutional performance, demonstrating that legal effectiveness in infrastructure governance is contingent upon implementation capacity rather than merely normative existence. These findings imply that strengthening urban drainage governance requires performance-based maintenance planning, improved procurement mechanisms, enhanced inter-agency coordination, and institutionalized community participation to ensure sustainable flood risk mitigation.
Legal Conflicts in Granting Mining Permits to Religious Organizations in Indonesia
This study examines the normative conflict arising from granting Special Mining Business Permits (IUPK) to business entities owned by religious organizations in Indonesia and evaluates its implications for environmental protection and legal system coherence. This issue emerges from the inconsistency between Law No. 2 of 2025, which prioritizes religious organizations in obtaining mining permits, and Law No. 17 of 2013, which mandates these organizations to preserve natural resources and the environment. This research employs normative legal research using statutory and conceptual approaches, supported by prescriptive analytical methods to assess legal consistency, environmental principles, and institutional mandates. The findings reveal a fundamental philosophical and juridical contradiction between the extractive orientation of mining law and the socio-religious and ecological mandate of community organization law. This regulatory inconsistency creates legal uncertainty, weakens environmental protection, and risks transforming religious organizations from social-ethical institutions into extractive economic actors. Furthermore, this policy potentially undermines the constitutional principle of state control over natural resources and the precautionary principle in environmental governance. This study proposes a legal reconstruction model through harmonization of conflicting regulations, removal or restriction of priority mining rights for religious organizations, and redirection of their economic activities toward sustainable non-extractive sectors. The originality of this research lies in its integrative normative framework linking legal hierarchy, environmental constitutionalism, and institutional legitimacy to develop a coherent and sustainability-oriented mining governance model. These findings contribute to strengthening environmental legal policy and preserving the normative integrity of religious institutions in natural resource governance.
The Paradox of Press Freedom in Consolidating Electoral Democracy: A Normative–Sociological Study of Indonesia
This study aims to analyze the paradoxical relationship between press freedom and the consolidation of electoral democracy in Indonesia, particularly during the 2024 Simultaneous Regional Elections, and to evaluate the extent to which the press functions as a mechanism of transparency and democratic accountability. Employing a normative–sociological approach, the research examines constitutional provisions, statutory regulations, scholarly literature, and empirical developments in media practices during electoral processes. The study reveals that although Law No. 40 of 1999 formally guarantees press freedom and prohibits censorship, the practical implementation of media independence remains constrained by political patronage, ownership concentration, commercialization of news production, and regulatory overlap with the Electronic Information and Transactions Law. The expansion of digital communication platforms has further intensified misinformation, partisan narratives, and algorithm-driven political polarization, thereby weakening the deliberative quality of democratic discourse. The novelty of this research lies in its interdisciplinary integration of constitutional law, media sociology, and political communication theory to conceptualize press freedom not merely as an individual constitutional right, but as a structural and communicative mechanism shaping substantive electoral democracy. Unlike previous studies that separately examine media regulation or democratic participation, this study develops a comprehensive analytical framework connecting constitutional guarantees, political economy of media, and digital governance within Indonesia’s electoral system. The research contributes theoretically to the development of democratic constitutionalism and media governance studies in Southeast Asia, while practically offering policy recommendations concerning regulatory harmonization, media ownership transparency, strengthening journalistic ethics, and enhancing public media literacy as essential foundations for sustainable democratic governance in Indonesia.
Share Buybacks Without General Meeting Approval: Ratio Legis and Shareholder Protection
Financial Services Authority Regulation No. 13 of 2023 permits share buybacks without a General Meeting of Shareholders (GMS) during significantly fluctuating market conditions as a market stabilization instrument. Despite this, prior research has not sufficiently addressed the policy’s implications for corporate governance and legal protection of shareholders, particularly regarding the removal of the GMS requirement. The present study analyzes the ratio legis of the criteria for significant fluctuations in markets and evaluates legal protections for shareholders in share buybacks conducted without a GMS. Employing a juridical-normative method with statutory and conceptual approaches, the findings indicate that the criteria for significantly fluctuating markets lack objective and measurable formulation, resulting in broad discretionary authority. Legal protection mechanisms are primarily formal, relying on information disclosure without substantive shareholder participation, and the application of repressive protection remains limited in practice. These conditions exacerbate information asymmetry and heighten the vulnerability of minority shareholders. The study identifies an imbalance between market stability objectives and shareholder protection and recommends enhanced legal safeguards through an ex post GMS approval mechanism and improved participatory information disclosure. Furthermore, it is advised that the Financial Services Authority (OJK) utilize a Circular Letter containing scientifically reliable economic data and indicators when determining significantly fluctuating market conditions Keywords: Buyback; Capital Market ;Fluctuating Market,;General Meeting of Shareholders.
Sekolah Rakyat and the Fulfillment of the Right to Education from a Constitutional Law Perspective
This study examines the constitutional validity of the Sekolah Rakyat program as a state mechanism for fulfilling the right to education under Articles 31 and 34 of the 1945 Constitution of Indonesia. Despite the formal guarantee of tuition-free education, structural barriers—including subsistence costs, transportation expenses, and opportunity loss—continue to prevent economically marginalized groups from accessing education. This research employs a qualitative descriptive-analytical method using a constitutional law approach, supported by statutory, doctrinal, and jurisprudential analysis, including Constitutional Court Decision Number 3/PUU-XXII/2024. The findings reveal that Sekolah Rakyat, through its fully funded boarding school model, transforms abstract constitutional guarantees into substantive educational access by eliminating structural resource barriers that conventional free education policies fail to address. This study advances constitutional law scholarship by conceptualizing state-funded boarding education as an enforceable constitutional obligation rather than a discretionary social policy. However, the research also identifies critical risks related to institutional fragmentation, governance incoherence, and fiscal sustainability, which may undermine its constitutional function. Therefore, the study argues that comprehensive legal institutionalization, integrated governance, and sustainable public financing are essential to ensure the program’s permanence and effectiveness. This research provides theoretical and policy contributions by strengthening the legal framework for socio-economic rights protection and offering a model for embedding transformative education policies within binding constitutional obligations to achieve substantive equality and sustainable human capital development.
Mapping Indonesian Business Law Research After The Job Creation Law: A Bibliometric Analysis
This study maps and analyzes the development of Indonesian business law research following the enactment of Law Number 11 of 2020 on Job Creation, which significantly reshaped the national regulatory landscape and generated extensive academic debate. Despite growing scholarly attention, there remains limited empirical evidence systematically examining thematic trends, influential publications, and emerging research directions in this field. Using a bibliometric approach, this study analyzes 187 Scopus-indexed publications published between 2021 and mid-2024. Bibliometric indicators, including citation analysis, keyword co-occurrence, and network visualization, were examined using VOSviewer to identify dominant themes, leading journals, and research clusters. The findings reveal that research has grown steadily, with fintech regulation, micro and small enterprise governance, halal business, and banking law emerging as dominant themes. The International Journal of Law and Management was identified as the most influential publication outlet. The analysis also highlights emerging scholarly attention to Perseroan Perorangan as a new legal entity introduced by the Job Creation Law, while areas such as consumer protection and insolvency remain underexplored. This study contributes to the literature by providing the first comprehensive bibliometric mapping of Indonesian business law research in the post-Job Creation Law era. The findings offer valuable insights for scholars, policymakers, and regulators in understanding research trajectories, identifying gaps, and supporting evidence-based legal development to enhance regulatory effectiveness and sustainable business governance in Indonesia.
Justice-Based Reconstruction of Prosecutorial Anti-Corruption Policy In National Strategic Projects
This study aims to reconstruct the criminal law policy of the Attorney General's Office (AGO) in accelerating Indonesia's National Strategic Projects (PSN), which currently has not been fully grounded in the value of justice. The research finds that the prevention of corruption in PSN remains dominated by a penal (repressive) approach and lacks a balanced non-penal (preventive) strategy, despite the AGO holding a central role as a law enforcement agency. This imbalance demonstrates the urgency of reconstructing criminal law policies to align with the principles of justice and effectiveness in corruption prevention. Employing a normative legal research method, this study concludes that a comprehensive policy reconstruction is required through structural strengthening, substantive regulatory reform, and legal culture revitalization. The novelty of this research lies in proposing the formal inclusion of the Strategic Project Protection Team (PPS) within corruption prevention regulations. This reconstruction institutionalizes the AGO's preventive role. It introduces a justice-based framework where asset recovery and administrative remedies take precedence, thereby ensuring that national development proceeds effectively without compromising legal integrity.
War Crimes Within The Framework of International Humanitarian Law And The Rome Statute: An Analytical Study of Israel-Palestine Conflict
This study aims to examine how war crimes are conceptualised and enforced within the framework of International Humanitarian Law (IHL) and the Rome Statute by analysing the Israel–Palestine conflict as a prolonged and politically contested armed conflict in which serious violations against civilians persist with limited accountability. Using a normative legal research design, this article applies a statutory and case-based approach through doctrinal analysis of the Geneva Conventions, Additional Protocols, and the Rome Statute, supported by qualitative examination of ICC-related documents, United Nations reports, and verified secondary data to assess the implementation of core IHL principles, particularly distinction and proportionality. The findings demonstrate that recurrent violations committed by both parties are not primarily caused by normative gaps in international law, but rather by structural enforcement barriers, including the ICC’s jurisdictional and admissibility constraints, restricted access to evidence, lack of state cooperation, political interference, and selective enforcement through international institutions, especially the UN Security Council. These obstacles contribute to an enduring enforcement deficit that weakens civilian protection and perpetuates impunity in asymmetric and protracted conflicts. The novelty of this study lies in systematically linking fundamental IHL principles—distinction, proportionality, and the prohibition of excessive force—to their qualification as war crimes under Article 8 of the Rome Statute, while critically demonstrating how political realities and institutional dependence on state cooperation undermine the effectiveness of international criminal accountability mechanisms. This research highlights the urgent need to strengthen coordination among international institutions, enhance investigative access and evidentiary reliability, and promote more consistent and impartial enforcement strategies to ensure that IHL and international criminal law operate as effective deterrents and justice-delivering instruments in contemporary armed conflicts.
Gender Bias in Indonesia’s KIA Law: A Normative Analysis of Paternity Leave
This study aims to critically examine how Law Number 4 of 2024 concerning the Welfare of Mothers and Children in the First Thousand Days of Life (KIA Law) reproduces gender bias against female workers through a law-and-gender-equality perspective. The problem raised is that several articles in the KIA Law perpetuate the domestication of women due to the minimal paternity leave provided and the lack of regulation of wage rights for workers who take paternity leave. This results in female workers being required to take full responsibility for the welfare of their children, while male workers are only minimally protected because they do not receive protection for their roles as fathers and husbands. The research method used is normative legal research with statutory and conceptual approaches. This study shows that in Indonesia, there is a stereotype that men's roles are in the public sector and women's roles are in the domestic sector. Although many women currently play roles in the public sector, domestication still occurs, creating a dual role for women. The KIA Law has not yet addressed this issue. The design of paternity leave and unclear wage schemes during this leave in the KIA Law still reflects structural gender bias that encourages the domestication of women. Lack of support from men, which aligns with the role of men, leads women to choose to stop working after giving birth. This research provides a normative contribution to the development of gender-equality-based employment regulations and serves as the basis for recommendations for parental leave policy reform in Indonesia.
Blockchain-Based Therapeutic Agreement Model For Patient Legal Protection in Telemedicine
This study aims to analyze and formulate an optimized legal protection model for patients in telemedicine services in Indonesia by developing a blockchain-based therapeutic agreement framework that strengthens legal certainty, informed consent, and personal data security. Using a normative juridical method with statutory, conceptual, and comparative approaches, this research examines Indonesia’s Health Law, the Personal Data Protection (PDP) Law, the Electronic Information and Transactions (EIT) Law, and sectoral telemedicine regulations, supported by relevant scholarly literature. The findings demonstrate that Indonesia’s telemedicine governance remains constrained by regulatory gaps and normative disharmony, particularly in direct-to-patient services, due to the absence of standardized electronic informed consent (e-consent) procedures, weak digital identity verification, and unclear demarcation of liability between physicians as medical professionals and platforms as electronic system providers. These weaknesses expose patients to heightened risks of malpractice disputes, evidentiary challenges in electronic medical records, and personal data breaches. To address these issues, this study proposes a blockchain-enabled therapeutic agreement model integrated with smart contract mechanisms to ensure immutable consent records, transparent audit trails, enforceable allocation of rights and obligations, and privacy-by-design compliance with the PDP Law. The novelty of this study lies in integrating health law principles with blockchain-based contractual architecture as a concrete regulatory and operational blueprint for patient protection within Indonesia’s digital health ecosystem. This model provides policy implications for establishing standardized digital contract templates, risk-based supervision, and interoperable verification systems to enhance trust, accountability, and equitable access to telemedicine, including in frontier, outermost, and remote (3T) regions.
Comparing the Transfer of Prisoners Between Japan and the Netherlands
Penelitian ini bertujuan untuk membandingkan sistem pemindahan narapidana antarnegara di Jepang dan Belanda untuk mengidentifikasi model hukum yang dapat diadaptasi oleh Indonesia. Latar belakang penelitian ini muncul dari meningkatnya jumlah warga negara asing yang dihukum di Indonesia, serta warga negara Indonesia yang menjalani hukuman di luar negeri. Sementara itu, Indonesia belum memiliki peraturan khusus mengenai pemindahan narapidana antarnegara. Urgensi penelitian ini terletak pada perlunya landasan hukum yang menjamin hak asasi manusia, kepastian hukum, dan efektivitas reintegrasi sosial bagi narapidana. Penelitian ini menggunakan metode normatif dengan pendekatan perundang-undangan, konseptual, dan komparatif. Hasil penelitian menunjukkan bahwa Jepang mengatur pemindahan narapidana berdasarkan Konvensi Dewan Eropa tentang Pemindahan Narapidana (1983) melalui Undang-Undang No. 66 Tahun 2002, yang menekankan persetujuan sukarela, prinsip-prinsip kemanusiaan, dan perlindungan hak asasi manusia. Sementara itu, Belanda menerapkan Wet wederzijdse erkenning en tenuitvoerlegging vrijheidsbenemende en voorwaardelijke sancties (WETS), yang diadopsi dari Keputusan Kerangka Kerja Dewan 2008/909/JHA, yang mencakup sistem pengawasan ketat dan mekanisme sertifikat di antara negara-negara anggota Uni Eropa. Jepang unggul dalam melindungi hak-hak individu, sementara Belanda lebih efisien dalam mengoordinasikan urusan administratif antarnegara. Hasil perbandingan ini memberikan landasan konseptual bagi Indonesia untuk merancang peraturan pemindahan narapidana yang menyeimbangkan prinsip legalitas, kemanusiaan, dan kepastian hukum. Kata Kunci: Hukum; Keadilan; Reintegrasi Sosial; Pemindahan Narapidana; Hak Asasi Manusia
Judicial Application of Actus Reus and Mens Rea In Village Fund Corruption Cases
Reus and Mens Rea In Village Fund Corruption Cases Aprilia Khoirun Nisa, Ali Maskur Faculty of Sharia and Law, Walisongo State Islamic University, Semarang, Indonesia apriliakhoirunnisa22@gmail.com Abstract This study examines the judicial application of actus reus and mens rea in village fund corruption cases, with a specific focus on Decision Number 2/Pid.Sus-TPK/2024/PN Smg involving a village head in Blora Regency. The persistence of corruption at the village governance level highlights the need for doctrinal consistency between judicial reasoning and classical principles of criminal liability. Using a normative juridical method with statutory, case, and conceptual approaches, this research analyzes how the court established the outward unlawful conduct (actus reus) through proven abuse of authority, manipulation of village financial administration, and resulting state financial losses, as well as how it inferred the inward culpable intent (mens rea) from deliberate and systematic misuse of public funds. The findings demonstrate that the judge’s reasoning substantially aligns with Moeljatno’s theory, which emphasizes the unity between unlawful acts and moral blameworthiness as the foundation of criminal responsibility. The judgment also reflects formal compliance with Supreme Court Regulation Number 1 of 2020 on corruption sentencing guidelines, although its emphasis on nominal financial loss raises normative tension with the primacy of moral culpability in classical criminal law. The novelty of this study lies in its integrated doctrinal assessment that simultaneously evaluates actus reus, mens rea, causality, and sentencing considerations, thereby reaffirming the continued relevance of classical criminal law theory in contemporary corruption adjudication involving village funds.
Legal Reconstruction of Guarantee Institutions In Online Loan Disputes without Collateral
Riza Restianti, Kelik Wardiono Faculty of Law and Political Science, Muhammadiyah University of Surakarta, Surakarta, Indonesia c100210168@student.ums.ac.id Abstract This study analyzes the juridical implications of Decision No. 150/Pdt.G/2021/PN Cbi concerning the legal status of guarantee institutions in online loan disputes and their impact on legal protection and certainty. The absence of valid collateral in fintech-based lending has led to an increasing number of disputes, weakening creditors’ legal standing and contractual enforcement. This research aims to evaluate how the court’s interpretation in this decision reshapes the validity and enforceability of guarantees in digital lending contracts. Using a normative juridical method supported by qualitative analysis of legislation and judicial reasoning, the study explores the court’s assessment of unsecured lending practices within the framework of civil law principles. The results indicate that the decision underscores the necessity of verifiable and enforceable collateral mechanisms to protect creditors’ rights while maintaining fairness for debtors. Furthermore, the study highlights the urgency of reforming digital credit agreements to include structured verification and legal compliance mechanisms that uphold both transparency and contractual balance. The novelty of this research lies in its critical reconstruction of guarantee validity in online loan arrangements through the lens of judicial precedent, contributing to the development of civil law and fintech governance in Indonesia. The findings provide normative recommendations for policymakers to strengthen legal certainty, accountability, and consumer protection in digital financial transactions.
Legal Protection of Health Workers in Emergency Medical Procedures: An Analysis of Legal Certainty in Indonesia and Thailand
This study examines the legal certainty afforded to healthcare workers in performing emergency medical procedures in Indonesia and compares it with the legal protection framework implemented in Thailand. The urgency of this research arises from the increasing criminalization and malpractice claims faced by healthcare workers acting in good faith under high-risk and time-sensitive emergency conditions. Using a normative juridical method that incorporates statutory, conceptual, case, and comparative approaches, this study analyzes Law Number 17 of 2023 on Health in conjunction with Thailand’s Emergency Medical Act and the application of the Good Samaritan principle. The findings reveal that although Indonesian law normatively recognizes legal protection for healthcare workers, its implementation remains weak due to the absence of technical guidelines, inconsistent law enforcement practices, and the limited role of professional medical institutions in the early stages of legal proceedings. In contrast, Thailand provides more effective legal certainty through explicit statutory immunity, integrated institutional support, and a restorative legal approach toward emergency medical practice. The novelty of this study lies in its comparative analysis, demonstrating that Thailand’s qualified immunity model may serve as a normative and institutional reference for strengthening legal protection for healthcare workers in Indonesia, particularly in emergency medical contexts. This study contributes to the development of health law by offering policy-oriented recommendations to enhance legal certainty, professional security, and patient safety.
Decomposition of Legal Constructions in Cross-Border E-Commerce Dispute Resolution from an International Civil Law Perspective
Digital transformation has driven a surge in cross-border transactions, but on the other hand, it has raised legal challenges related to jurisdiction, recognition of foreign judgments, and regulatory harmonization. The urgency of this research lies in the need for a legal framework that is fair, adaptive, and responsive to the complexities of international electronic commerce. This study aims to analyze the effectiveness of the application of International Civil Law (ICL) in the settlement of cross-border e-commerce disputes in the digital era. The method used is normative legal research based on a literature review, examining international regulations and practices of technology-based dispute resolution. The results of the study show that the harmonization of international regulations, the development of practical guidelines for e-commerce players, and clear regulations regarding the role of digital platforms are strategic steps to increase legal certainty and consumer confidence in cross-border transactions. This research offers novelty by emphasizing the integration of digital technology, including artificial intelligence and big data, in ADR-based dispute resolution mechanisms to strengthen effectiveness, legal certainty, and consumer confidence in the global arena.
Right to Be Forgotten for Child Victims of Electronic Sexual Violence
This study analyzes the implementation of the Right to Be Forgotten (RTBF) as a legal protection instrument for children victims of electronic-based sexual violence (KSBE). The phenomenon of KSBE in Indonesia shows a significant increase, with women and children as the main victims. Sexually charged content stored in digital spaces triggers prolonged re-victimization because it is difficult to remove. Although RTBF has been recognized normatively through the TPKS Law, ITE Law, Child Protection Law, and Personal Data Protection Law, its implementation is still partial and not yet effective. The main obstacles include the absence of clear technical rules, formalistic and slow legal procedures, technical limitations in cross-jurisdictional elimination, and multiple interpretations of norms. This condition causes the children of KSBE victims to experience structural victimization, where the failure of the state to provide a mechanism for removing content adds to the psychological and social burden of the victims. A juridical-normative approach with radical victimization analysis shows that RTBF has not been positioned as a victim's substantive right, so protection has not been fully in favor of the principle of the best interests of the child. This research emphasizes the need for operational legal reforms: a rapid administrative mechanism for content removal, strict sanctions for non-compliant digital platforms, and multi-sector coordination between law enforcement agencies, Kominfo, and child protection agencies. The main findings of the study are the placement of RTBF as a substantive instrument to protect children victims of KSBE in the digital era, strengthening the principle of the best interests for children, while affirming the role of the state in stopping the cycle of digital victimization. The novelty of the research lies in the integration of radical legal, digital, and victimology analysis to formulate concrete technical and procedural recommendations for child protection in the digital space. Keywords: children; electronic-based sexual violence; legal protection; right to be forgotten; victimologyn
Reconstructing Legal Frameworks for Post-Mining Reclamation Guarantees and Ecological Justice
This study analyzes the effectiveness of post-mining reclamation guarantee fund regulations in achieving environmental restoration and reconstructs a normative framework oriented toward ecological justice. The current reduction of reclamation guarantees to mere administrative requirements demonstrates the failure of the law to provide substantive protection for citizens’ constitutional rights to a healthy environment. Using normative juridical research with legislative, conceptual, and historical approaches, this study employs prescriptive–analytical methods to evaluate the gap between legal norms and practice and to formulate a responsive legal model. The findings reveal that reclamation guarantee funds have not effectively functioned as substantive legal instruments due to regulatory disharmony between the Minerba Law and the Environmental Protection and Management Law (UUPPLH), weak supervision, and the absence of strict sanctions. The study proposes a reconstruction of the legal framework through harmonization of environmental and mining regulations, adoption of the polluter pays and strict liability principles, and strengthening of interagency coordination. In addition, the establishment of a transparent and participatory Multi-Stakeholder Monitoring Board and a public e-monitoring system is recommended to ensure accountability and ecological restoration. The novelty of this research lies in integrating constitutional and environmental justice perspectives into a double-track sanction system that combines preventive and repressive functions of reclamation guarantees. This approach advances the eco-constitutional paradigm by linking legal certainty, environmental accountability, and participatory governance in post-mining management.
Bridging Legal Gaps in AI-Generated Deepfake Pornography: A Comparative Approach to Privacy and Digital Ethics
This study aims to examine the legal gaps in regulating AI-generated deepfake pornography and to develop a comparative regulatory model to strengthen privacy protection and digital ethics in Indonesia. The rapid advancement of artificial intelligence has facilitated the creation and dissemination of non-consensual synthetic pornographic content, posing serious threats to individual privacy, dignity, and psychological well-being, while existing Indonesian laws remain fragmented and inadequate. This research employs normative legal research using statutory, conceptual, and comparative approaches, focusing on Indonesian regulations and comparative frameworks from California and South Korea. The findings reveal that current Indonesian legal instruments, including the Electronic Information and Transactions Law, the Pornography Law, and the Personal Data Protection Law, do not explicitly regulate deepfake pornography, resulting in legal uncertainty, enforcement challenges, and insufficient victim protection. In contrast, comparative jurisdictions provide clearer definitions, consent-based standards, and comprehensive victim remedies. This study proposes a regulatory reform model based on lex specialis principles, digital ethics, victim-centered protection, and adaptive legal governance to address AI-based digital crimes. The originality of this research lies in its integrative comparative framework that connects criminal law, personal data protection, and digital ethics to formulate a comprehensive and future-oriented legal response. These findings contribute to the development of responsive legal policies and provide a normative foundation for regulating synthetic media to safeguard digital privacy and human dignity in the artificial intelligence era.
Derden verzet as a Legal Protection Effort for Third Parties In Realising Sustainable Development Goals (SDGs)
This study aims to analyze the effectiveness of derden verzet as a legal protection mechanism for third parties in civil execution disputes in Indonesia and to assess its relevance to the achievement of Sustainable Development Goals (SDGs), particularly Goal 16 on peace, justice, and strong institutions. Employing normative legal research with a case approach, this article examines Decision No. 372/Pdt/2020/PT.Bdg and relevant procedural norms under the HIR/RBg framework, supported by doctrinal and human-rights-based justice literature. The findings show that derden verzet is conceptually designed to safeguard third-party property rights affected by final court judgments; however, its implementation remains constrained by procedural formalism, a heavy burden of proof, limited public awareness, and inadequate procedural safeguards in summons and evidentiary examination. In the analyzed case, the third party’s attempt to reclaim property rights was impeded despite indications that the transfer of rights occurred in the absence of good faith, demonstrating a gap between procedural compliance and substantive justice. This condition undermines legal certainty and weakens access to justice, contradicting the institutional objectives promoted by SDG Goal 16. The novelty of this study lies in repositioning derden verzet not merely as an extraordinary procedural remedy but as a substantive rights-protection instrument within a human-rights-oriented civil justice reform agenda, while identifying key normative deficiencies such as unclear standing requirements and undefined criteria of “harmed interests.” Accordingly, the study recommends clearer judicial guidelines and standardized procedural rules to strengthen third-party standing assessment, improve structured evidentiary review, and reduce excessive formalism to ensure more effective protection and a more accountable civil justice system.
Integrating Child Protection Law and Digital Literacy in Optimizing Information Systems for Women and Children in Indonesia
This study aims to examine the implementation gap between Indonesia’s child protection legal framework and the utilization of the Online Information System for the Protection of Women and Children (SIMFONI PPA), and to develop an integrated optimization model that enhances its accessibility and effectiveness. Employing a juridical-sociological approach with descriptive qualitative analysis, data were collected through participatory observation, in-depth interviews with key stakeholders, and comprehensive policy review at the Integrated Service Center (P2TP2A) in Jakarta. The findings reveal that the system remains predominantly institution-driven rather than victim-oriented, constrained by non-user-centered design, inadequate digital infrastructure—particularly in disadvantaged regions—and significant digital literacy disparities shaped by socio-cultural factors. This study introduces a novel perspective by reconceptualizing digital literacy as a substantive legal right that is inherently linked to the fulfillment of victim protection, rather than merely a technical competency. Based on this framework, the study proposes an integrated human-centered model comprising technological redesign, legally mandated multi-sectoral coordination, and community-based digital empowerment. The implications of this research highlight the necessity of transforming digital governance into a rights-based ecosystem, where legal protection, technological accessibility, and social inclusion are systematically aligned to ensure effective and equitable access to justice for vulnerable groups.
State Sovereignty and Statelessness: Protecting the Bajau Laut in Southeast Asia
This article examines the normative tension between state sovereignty and international legal obligations in addressing statelessness among the Bajau Laut in Southeast Asia. Employing a normative juridical method with a comparative approach, the study analyses legal frameworks and practices in Indonesia, Malaysia, and the Philippines concerning nationality, civil registration, and the protection of maritime nomadic communities. The findings reveal that state responses remain fragmented and predominantly driven by security and migration control considerations, resulting in inconsistent and often inadequate protection for the Bajau Laut, particularly in maritime border areas. Furthermore, domestic legal regimes in the three countries are only partially aligned with international standards on statelessness and the protection of indigenous peoples, leading to persistent legal invisibility and limited access to basic rights. This article contributes to the literature by proposing a regional cooperative legal framework that integrates nationality law harmonisation, adaptive civil registration mechanisms, and cross-border administrative coordination. Such a framework aims to enhance access to nationality and fundamental services for the Bajau Laut while maintaining respect for state sovereignty and reinforcing compliance with international human rights obligations.
Misreading the Court Decision: Reflecting on Constitutional Interpretation In Nusantara Capital Law Formation
This study examines the use of Constitutional Court decisions in the academic manuscript of the Draft Law on the National Capital (RUU IKN) and evaluates its consistency with the 1945 Constitution, while drawing comparisons with governance models of other national capitals. The establishment of Ibu Kota Nusantara raises constitutional concerns because its governance design as an Authority excludes direct elections for regional leaders and the existence of a Regional House of Representatives. This design risks subordinating constitutional norms to political will, thereby undermining democratic principles. Using a normative juridical approach combined with comparative legal analysis, the research finds that the academic manuscript employs Constitutional Court rulings selectively, weakening constitutional guarantees of local democracy. Although the Court has recognized special governance status for certain regions, such as Papua and DKI Jakarta, these precedents have never eliminated democratic institutions, since both regions still maintain electoral and representative mechanisms. A comparison with Putrajaya, Malaysia, shows that centralistic governance may offer administrative efficiency but comes at the expense of political accountability and public participation. The study concludes that implementing the IKN Law without amendment will endanger constitutional legitimacy and set a harmful precedent for democratic governance. The novelty of this research lies in its critical perspective on how constitutional interpretation is instrumentalized in strategic policymaking, combining judicial analysis with comparative insights. Normatively, it recommends revising the IKN Law to align with constitutional principles of local democracy and strengthen safeguards for public participation and accountability.