Journal Title: Journal of Legal Theory and Society Initials: jlts Frequency: January, May and September Online ISSN: 3124-9515 Editor in Chief: Wafda Vivid Izziyana DOI: XX.XXXXX Publisher: Fakultas Hukum Universitas Semarang Journal of Legal Theory and Society is a peer-reviewed academic journal that publishes original research articles and scholarly studies in the fields of legal theory and socio-legal studies, focusing on the relationship between law and society, legal philosophy, justice and human rights, public policy, and contemporary legal issues examined through interdisciplinary and critical approaches at local, national, and global levels. The journal is published in January, May and September.
Digital Cooperatives as a Modern Business Model: A Legal Analysis of Their Opportunities and Challenges
Digital transformation has accelerated the emergence of digital cooperatives as a modern business model that combines cooperative principles with technology-driven governance and commercial activities. This study examines the legal opportunities and regulatory challenges associated with digital cooperatives and evaluates the adequacy of existing legal frameworks in supporting their sustainable development. The research employs doctrinal legal research using statutory, conceptual, and comparative legal approaches. Primary legal materials consist of legislation governing cooperatives, electronic transactions, digital governance, and related regulatory instruments, while secondary legal materials include scholarly publications and legal commentaries. The analysis demonstrates that current cooperative legislation remains predominantly oriented toward conventional organizational structures and has yet to comprehensively regulate digital membership, electronic governance, virtual assemblies, blockchain applications, artificial intelligence, cybersecurity, personal data protection, and digital financing mechanisms. These regulatory gaps create legal uncertainty affecting institutional accountability, member protection, and technological innovation. Comparative legal analysis indicates that adaptive, technology-neutral regulatory frameworks provide greater legal certainty while preserving democratic governance and cooperative values. The study proposes comprehensive legislative reform integrating cooperative law with digital economy regulation, electronic governance standards, cybersecurity obligations, and personal data protection. Such regulatory integration strengthens institutional resilience, promotes responsible innovation, enhances public confidence, and supports sustainable digital cooperative development. A coherent legal framework ultimately positions digital cooperatives as competitive, transparent, accountable, and inclusive business institutions capable of contributing to long-term economic growth in the digital economy.
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Optimizing Community Service Sentences as a Strategy to Reduce Prison Overcrowding in Correctional Institutions
Prison overcrowding has become a persistent challenge that undermines the effectiveness of Indonesia’s correctional system and exposes the limitations of imprisonment-oriented sentencing policies. This article examines community service sentencing as a normative legal strategy for reducing prison overcrowding while advancing the rehabilitative objectives of criminal justice reform under the Indonesian Criminal Code. Employing normative legal research supported by statutory, conceptual, and comparative approaches, the study analyzes the legal framework governing community service sentencing and compares its development with selected jurisdictions that have successfully implemented non-custodial sanctions. The analysis demonstrates that the effectiveness of community service sentencing depends not only on statutory recognition but also on coherent implementing regulations, institutional coordination, and professional supervision. Comparative findings indicate that integrated governance of non-custodial sanctions strengthens rehabilitation, improves correctional efficiency, and reduces excessive reliance on imprisonment. This article contributes to legal theory and socio-legal scholarship by conceptualizing community service sentencing as a normative framework that simultaneously functions as a mechanism of criminal law reform and as a legal institution capable of balancing proportional punishment, social reintegration, and sustainable correctional governance.
Legal Development and Human Rights in the Governance of Indonesia's Free Nutritious Meals Program: A Good Governance Perspective
Legal development plays a fundamental role in ensuring that constitutional rights are effectively realized through public governance. This study examines Indonesia's Free Nutritious Meals Program by addressing the theoretical relationship between legal development, human rights, and governance quality in fulfilling the constitutional rights to adequate food, health, and social welfare. The study aims to analyze the normative legal framework governing the MBG program and to develop a governance model that strengthens constitutional rights through legal development, human rights principles, good governance, and public accountability. A normative legal research design with conceptual and socio-legal orientations is employed using statutory, conceptual, and case approaches. The analysis draws upon constitutional provisions, legislation, international human rights instruments, legal doctrines, and scholarly literature to evaluate the coherence between legal norms and governance practices. The findings indicate that Indonesia has established a robust legal foundation for the MBG program; however, regulatory fragmentation, institutional coordination, food safety supervision, transparency, and accountability continue to limit effective implementation. The study proposes an integrated governance model emphasizing regulatory harmonization, institutional strengthening, digital governance, collaborative oversight, performance-based auditing, public participation, and human rights-oriented evaluation. The article contributes to legal theory by demonstrating that legal development extends beyond regulatory formulation and depends upon institutional capacity and governance quality. It also advances socio-legal scholarship by explaining how law functions simultaneously as a normative framework and a social institution that enables the effective realization of constitutional rights and sustainable public welfare.
Enhancing Law Enforcement Effectiveness in the Prevention and Eradication of Narcotics Crimes at the Semarang Regency Police Resort
Narcotics crime remains a significant challenge for contemporary criminal justice systems due to its evolving characteristics, transnational dimensions, and substantial impact on public security and social welfare. This article examines the socio-legal problem of how law enforcement effectiveness can be enhanced in preventing and eradicating narcotics crimes at the Semarang Regency Police Resort. The study aims to analyze the relationship between legal norms, institutional capacity, preventive policing strategies, and collaborative governance in achieving effective narcotics control. Employing a socio-legal approach that combines normative legal analysis with qualitative inquiry, the article explores law not only as a system of rules but also as a social institution that interacts with community dynamics, organizational structures, and public participation. The analysis demonstrates that effective narcotics law enforcement cannot rely solely on repressive measures such as arrest and prosecution. Sustainable enforcement requires the integration of preventive policing, adaptive governance, technological innovation, professional capacity development, intelligence-based operations, and collaborative partnerships among law enforcement agencies, government institutions, educational organizations, and local communities. The study argues that institutional effectiveness is shaped by the ability to anticipate emerging criminal patterns, strengthen organizational resilience, and foster public trust through transparent and accountable governance. This article contributes to legal theory and socio-legal scholarship by advancing a future-oriented framework of narcotics law enforcement that emphasizes the interconnected roles of legal authority, institutional adaptation, and social collaboration. Such a framework provides a conceptual foundation for strengthening law enforcement effectiveness while supporting broader objectives of public safety, legal certainty, and social well-being.
Juridical Implications of Indirect Regional Head Elections Through Regional People's Representative Councils: An Alternative Approach to Combating Electoral Vote Buying
This article examines the juridical implications of regional head elections through Regional People's Representative Councils as an alternative mechanism for addressing vote-buying practices in Indonesia. Persistent electoral corruption, high political costs, patronage networks, and transactional politics have raised concerns regarding the effectiveness of direct regional head elections in promoting democratic governance. The study aims to assess the constitutional legitimacy of Regional People's Representative based elections and evaluate their potential contribution to reducing vote buying while preserving democratic principles. Employing normative legal research, the analysis utilizes statutory, conceptual, and historical approaches through the examination of constitutional provisions, legislation, legal doctrines, and scholarly literature. The findings indicate that indirect regional head elections remain constitutionally permissible because Article 18 paragraph (4) of the 1945 Constitution requires regional heads to be elected democratically without mandating a specific electoral mechanism. However, the study also finds that indirect elections do not necessarily eliminate electoral corruption, as transactional practices may shift from voters to political elites within representative institutions. The article argues that electoral reform must balance constitutional validity, democratic legitimacy, public accountability, and popular sovereignty. This study contributes to constitutional law and socio-legal scholarship by clarifying the relationship between electoral design, democratic governance, and electoral corruption in Indonesia.
Diplomatic Law Analysis in the Natuna Sea Dispute Between Indonesia and China
This article analyzes the use of diplomatic law in the North Natuna Sea dispute between Indonesia and China from the perspective of modern international law. This article aims to clarify the conflict between China’s historical claims symbolized by the nine-dash line and the Exclusive Economic Zone (EEZ) regime under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), as well as to assess the effectiveness of Indonesia’s diplomatic instruments. Using a normative approach based on conceptual and analytical perspectives on international regulations and diplomatic practice, this study finds that although Indonesia has used various diplomatic means, their effectiveness is constrained by geopolitical factors and power asymmetry. This article contributes to the scholarship on diplomatic law by highlighting the importance of international legal legitimacy and multilateral dialogue in the resolution of maritime disputes.
Juridical Analysis of the Regulation of Vulnerable Groups as a Requirement for Legal Aid Recipients in the Regional Regulation of Central Java Province Number 1 of 2022 Based on Law Number 16 of 2011
This study aims to analyze the regulation of vulnerable groups as legal aid recipients in the Regional Regulation of Central Java Province Number 1 of 2022 in light of Law Number 16 of 2011 on Legal Aid. The research employs a normative juridical method using statutory and conceptual approaches. The results show that the national legal framework, consisting of Law Number 16 of 2011, Government Regulation Number 42 of 2013, and Regulation of the Minister of Law and Human Rights Number 63 of 2016, consistently limits legal aid recipients to individuals or groups who are economically disadvantaged, as evidenced by administrative requirements such as a certificate of indigency or equivalent proof. This indicates that Indonesia’s legal aid system adopts a means-tested approach based on economic incapacity. In contrast, the Regional Regulation of Central Java Province Number 1 of 2022 expands the criteria by including vulnerable groups as legal aid recipients without explicitly requiring proof of economic incapacity. This expansion results in a normative inconsistency with higher-level legislation and raises concerns regarding the principle of lex superior derogat legi inferiori. Furthermore, it may constitute an overextension of regional authority (ultra vires) and potentially lead to legal uncertainty and misallocation of limited legal aid resources. Therefore, the inclusion of vulnerable groups as legal aid recipients in the regional regulation is not fully aligned with the national legal framework governing legal aid in Indonesia.
Corporate Accountability in the Oil and Gas Sector for Environmental Damage
This study examines corporate liability for environmental damage in Nigeria’s oil and gas sector, focusing on oil pollution in the Niger Delta. Although Nigeria has established a comprehensive legal framework governing environmental protection and petroleum operations, enforcement remains inconsistent. The research applies a normative juridical method supported by an empirical approach to assess both the regulatory structure and its practical implementation. Primary legal sources, including constitutional provisions, environmental statutes, and sector-specific legislation, are analyzed alongside judicial decisions and official reports. The findings reveal a significant gap between legal norms and enforcement practices. Oil spills continue to cause severe ecological degradation, economic loss, and social conflict, while sanctions imposed on corporations are often insufficient to create deterrence. Institutional weaknesses, limited transparency, and economic dependence on oil revenues further hinder effective accountability. The study argues that strengthening corporate criminal liability, enforcing the polluter pays principle, enhancing regulatory capacity, and improving community access to justice are critical to achieving environmental justice and sustainable development in the Niger Delta.
Legal Reform and Challenges in the Protection of Digital Media Assets in Timor-Leste
This study examines legal reform and regulatory challenges in the protection of digital media assets in Timor-Leste. Rapid digital expansion has increased the production and distribution of online content, yet the existing legal framework remains largely oriented toward traditional intellectual property protection. Using a mixed normative and empirical approach, this research analyzes statutory provisions, institutional structures, enforcement practices, and stakeholder perspectives. The findings reveal significant gaps in digital copyright regulation, weak enforcement capacity, limited technical infrastructure, and low public awareness. Cross-border infringement and the absence of clear intermediary liability rules further complicate effective protection. Comparative analysis with selected Southeast Asian jurisdictions demonstrates that clearer legislative drafting, structured notice-and-takedown mechanisms, and institutional specialization improve regulatory outcomes. The study argues that comprehensive legal reform, supported by institutional strengthening and public education, is essential to ensure sustainable digital media governance. Strengthened protection of digital media assets will enhance legal certainty, encourage creative industry growth, and support national economic development in Timor-Leste.
Legal Standing of Smart Contracts in Digital Contractual Systems in E-Commerce
The development of blockchain technology has significantly reshaped digital contractual systems in e-commerce, particularly through the emergence of smart contracts as self-executing digital agreements. This study analyzes the legal standing of smart contracts within digital contractual systems, with a specific focus on their position under Indonesian civil law. Employing a normative juridical approach, the research examines the extent to which smart contracts satisfy the essential elements of a valid contract as stipulated in the Indonesian Civil Code and evaluates their alignment with existing regulations on electronic transactions. The analysis demonstrates that smart contracts may attain legal standing as binding agreements provided that they fulfill the fundamental contractual requirements of consent, legal capacity, a definite object, and a lawful cause. Although smart contracts differ from conventional contracts in terms of form and execution, their substantive legal nature remains consistent with the principle of freedom of contract. The automated execution and blockchain-based architecture of smart contracts enhance efficiency, transparency, and legal certainty in e-commerce transactions. However, the study also identifies several normative and regulatory challenges, including disparities in technical expertise between contracting parties, limited contractual flexibility due to the immutable nature of blockchain systems, and the absence of explicit legal provisions governing algorithmic accountability and dispute resolution. The study concludes that while smart contracts possess legal standing within digital contractual systems, further regulatory development is required to ensure fairness, legal certainty, and adequate protection for all parties involved in e-commerce transactions.
Comparison of Islamic Trade Law in the Indonesian and Malaysian Stock Exchanges
The development of Islamic capital markets in Southeast Asia reflects growing demand for ethical and Sharia-based trading systems. Indonesia and Malaysia play strategic roles in this sector but differ in their Islamic Trade Law frameworks and implementation. This study examines and compares the legal foundations and application of Islamic Trade Law in the Indonesian and Malaysian Stock Exchanges, focusing on legal basis, institutional structure, supervisory mechanisms, investor protection, and dispute resolution. Using a normative juridical approach with a comparative law method, the research relies on statutory regulations, capital market authority rules, Sharia fatwas, court decisions, and relevant academic literature. The findings reveal that Indonesia adopts a collaborative model combining state law and religious fatwas, while Malaysia incorporates Sharia standards directly into binding positive law. These approaches influence regulatory flexibility, consistency, and supervisory structures. Despite structural differences, both countries share the objective of establishing a fair, transparent, and sustainable Islamic capital market. The study concludes that integrating Indonesia’s normative flexibility with Malaysia’s regulatory consistency offers a potential model for strengthening Islamic Trade Law and advancing regional harmonization efforts.
Analysis of the Role of the Principle of Good Faith in Commercial Contracts: A Comparative Study of Australia and Indonesia
The expansion of global trade has intensified cross-border contractual relationships, positioning commercial contracts as central instruments for regulating parties’ rights and obligations. Contracts are not merely formal documents but legal relationships grounded in trust. A key principle sustaining this relationship is good faith, which requires honest, reasonable, and responsible conduct at all stages of a contract, from negotiation to dispute resolution. This study examines the role of good faith in commercial contracts through a comparative analysis of Australia and Indonesia, representing common law and civil law traditions. Using a normative juridical approach and comparative method, the research analyzes legislation, doctrine, case law, and relevant contractual provisions. The findings reveal that in Australia, good faith has evolved through judicial decisions and is often treated as an implied obligation in certain contracts. In Indonesia, good faith derives strong legitimacy from codification as a general principle of contract law. Despite differing approaches, both systems substantively recognize good faith as a mechanism to ensure balance, prevent abuse of rights, and promote substantive justice. Strengthening this principle requires clear regulation supported by consistent judicial practice, contributing to trust and fairness in modern commercial contracting.
Procedural Guarantees and Party Rights in Uzbekistan’s Criminal Justice System
Procedural guarantees constitute a fundamental component of the due process of law and play a decisive role in determining the legitimacy, fairness, and credibility of criminal proceedings in Uzbekistan. This study comprehensively analyzes the regulation, scope, and practical implementation of procedural safeguards as well as the protection of the rights of all parties involved within the Uzbek criminal justice system. Employing a normative legal research method with statutory and conceptual approaches, the research examines national criminal procedure legislation alongside relevant international human rights instruments and standards. The analysis particularly focuses on procedural protections at the early stages of criminal proceedings, effective and timely access to legal counsel, the presumption of innocence, judicial oversight of arrest and detention, evidentiary standards, and the broader principles of a fair and impartial trial. The study finds that although procedural guarantees are, in principle, normatively aligned with international legal standards, their practical application in law enforcement and judicial practice remains uneven and inconsistent. Addressing the existing gaps between written law and its implementation requires comprehensive institutional reform, continuous professional training for legal practitioners, and the establishment of effective monitoring and oversight mechanisms to strengthen justice, enhance public trust, and ensure legal certainty.
Dynamics and Constitutional Problematics in the Appointment of Constitutional Court Justices
The appointment of Constitutional Court justices plays a decisive role in safeguarding constitutional supremacy and judicial independence. This article examines the dynamics and constitutional problematics surrounding the appointment process, focusing on the gap between normative legal frameworks and their practical implementation. Using a qualitative legal research approach that combines normative juridical analysis with empirical observation, the study analyzes constitutional provisions, statutory regulations, judicial decisions, and relevant scholarly literature. The findings indicate that appointment procedures are frequently influenced by political considerations, vague legal standards, and limited transparency, leading to recurring constitutional disputes. Legislative dominance and broad interpretative discretion contribute to weakened institutional balance and uncertainty in constitutional compliance. Comparative perspectives reveal that clearer procedural safeguards and stronger accountability mechanisms can reduce politicization without undermining democratic legitimacy. The article argues that judicial appointments must reflect both constitutional intent and institutional integrity to maintain public trust. Strengthening legal clarity, enhancing transparency, and reinforcing checks and balances are essential to ensure that the appointment of Constitutional Court justices remains consistent with constitutional principles and democratic governance.
Ecological Disaster of the Aral Sea: Water Management, Drought, and Legal Implications for Uzbekistan’s Coastal Cities
This study examines the ecological disaster of the Aral Sea by focusing on the management of the Amu Darya River and its implications for coastal cities in Uzbekistan from an environmental law perspective. The shrinkage of the Aral Sea is not merely the result of natural processes but primarily stems from water resource policies oriented toward exploitation and detached from ecological balance. The research applies a normative juridical method using statute and conceptual approaches, complemented by a socio-legal perspective through secondary data such as environmental reports, scientific studies, and policy documents. The findings indicate that Uzbekistan’s water governance framework has not fully incorporated the principles of sustainable development, precaution, and ecosystem-based management. The absence of legally binding ecological flow requirements, inefficient irrigation practices, and weak law enforcement have accelerated environmental degradation and intensified regional drought. These ecological impacts have translated into social, economic, and public health challenges, directly affecting the rights to health, livelihood, and a healthy environment of coastal communities. At the transboundary level, limited regional cooperation further complicates restoration efforts. The study underscores the need for preventive and justice-oriented environmental law reforms grounded in ecological limits.