Journal of Law Perspectives Review (JLPR) is an open-access, peer-reviewed academic journal committed to advancing critical knowledge and understanding in the field of legal studies. JLPR provides a platform for timely and original research that explores diverse legal perspectives, doctrines, and innovations relevant to the dynamics of contemporary law in both national and global contexts.
Administrative Appeal Decision on Dismissal of Civil Servants After Serving Criminal Sentences
This study examines the legal certainty of administrative appeals against the dismissal of civil servants (PNS) after serving criminal sentences, focusing on the role and authority of the State Civil Apparatus Advisory Board (BPASN). Using a normative juridical method with statutory and conceptual approaches, this research analyzes relevant legislation, legal doctrines, and a concrete case involving the dismissal of a civil servant despite evidence of timely reinstatement efforts. The findings reveal that the application of administrative law in such cases tends to be overly formalistic, often disregarding substantive evidence that reflects compliance with legal obligations. This condition undermines the principle of legal certainty, which requires not only clarity of norms but also consistency and fairness in their application. Furthermore, the study highlights the significant role of BPASN as a quasi-judicial body that ensures legal protection through material examination of facts and correction of administrative errors. From the perspective of proportionality, the imposition of dismissal as a severe sanction is deemed inappropriate when mitigating factors and good faith actions are evident. Therefore, the study concludes that achieving legal certainty in civil servant dismissal cases requires a balanced approach that integrates formal procedures, substantive justice, and careful administrative judgment.
Copyright (c) 2026 Journal of Law Perspectives Review
The Power of a Medical Record Certificate from a Doctor as Evidence of Domestic Violence (KDRT) in Divorce Cases: A Perspective on Legal Considerations of Court Decisions
This study examines the legal position and evidentiary strength of medical record certificates as proof of domestic violence (KDRT) in divorce cases within the Indonesian legal system. Divorce in Indonesia must be based on valid and provable reasons, including domestic violence, which presents complex evidentiary challenges, especially when visum et repertum is unavailable. This research employs a normative legal method using statutory, case, and conceptual approaches, supported by secondary data from legislation, court decisions, and legal literature. The findings indicate that medical record certificates are juridically recognized as written evidence within civil procedural law. However, their evidentiary value is not absolute but categorized as free evidence (vrij bewijs), meaning their strength depends on judicial assessment. Unlike visum et repertum, medical records are not specifically created for legal purposes, which limits their probative value. In judicial practice, judges tend to treat medical records as supporting or circumstantial evidence that must be corroborated by other forms of proof, such as witness testimony or party statements. Court decisions demonstrate that judges prioritize the relevance, consistency, and causal relationship between medical findings and alleged acts of violence. Therefore, medical records cannot stand alone as decisive evidence but play an important role in strengthening the overall evidentiary framework. This study highlights the need for careful judicial consideration and greater clarity regarding the use of medical documents in proving domestic violence in divorce proceedings.
Reconstructing Law Enforcement Against Digital Content Piracy on Streaming Platforms in Indonesia: An Effectiveness Analysis from a Copyright Perspective
Digital content piracy on streaming platforms is one of the major challenges in copyright protection in the era of information technology. This phenomenon has grown along with technological advancement and easy internet access, which are exploited by perpetrators to distribute content illegally without the consent of copyright holders. This research aims to analyze the effectiveness of legal enforcement against digital content piracy in Indonesia, based on Law No. 28 of 2014 on Copyright and other related regulations. The research uses a normative juridical method with a statutory approach and case study analysis, including cases such as IndoXXI and pirated film channels on Telegram. The findings reveal that although the legal framework is normatively sufficient, its implementation remains weak due to the lack of criminal enforcement, limited institutional capacity, and low public legal awareness. Based on Lawrence M. Friedman's legal system theory and Soerjono Soekanto's theory of legal effectiveness, it is concluded that the imbalance between legal structure, legal substance, and legal culture is the main cause of ineffective law enforcement against digital piracy. Therefore, regulatory reform, institutional capacity building, and public education campaigns are urgently needed to ensure more effective copyright protection in the digital space.
The Role and Legal Strength of Mediation in Providing Legal Certainty for Song Creators
This study aims to analyze the legal status and effectiveness of mediation in ensuring legal certainty for songwriters in copyright dispute resolution within Indonesia's digital music industry. The research employs a normative juridical method with statutory and conceptual approaches, focusing on relevant regulations and legal doctrines. The findings indicate that mediation is legally recognized as an alternative dispute resolution mechanism and possesses binding force based on the principle of pacta sunt servanda. However, its effectiveness in ensuring legal certainty is conditional. Mediation agreements formalized as court-approved settlement deeds (peace acts) provide stronger legal certainty due to their executorial force, whereas informal agreements lack enforceability. From the perspective of Gustav Radbruch's theory of legal certainty, mediation fulfills the normative aspect but remains limited in terms of predictability and enforceability. Furthermore, the study reveals that disparities in bargaining power between songwriters and industry actors often result in less equitable agreements, raising concerns from the standpoint of proportionality. Despite its advantages in efficiency, flexibility, and relationship preservation, mediation has not fully guaranteed substantive justice and legal protection. Therefore, strengthening the legal framework and institutional implementation of mediation is necessary to ensure balanced, reliable, and effective protection of songwriters' economic and moral rights in copyright disputes.
Legal Reconstruction of Tax Collection on Crypto Assets and Non-Fungible Tokens (NFT) in the Perspective of Legal Certainty and State Financial Revenue
Indonesia's crypto asset and Non-Fungible Token (NFT) ecosystem has grown at a pace that substantially outstrips its regulatory readiness. By early 2025, the number of domestic crypto users had reached 22.9 million accounts, with total transaction value throughout 2024 amounting to IDR 650.61 trillion — positioning Indonesia as one of Southeast Asia's largest crypto markets. Against this backdrop, cumulative tax revenue from the sector stood at only IDR 1.19 trillion since 2022, falling far short of its actual fiscal potential. This study examines two core issues: first, how the legal construction of crypto asset and NFT taxation stands up to scrutiny under the principle of legal certainty in tax law; and second, whether the current tax collection mechanism adequately satisfies the principles of equity and efficiency as instruments of state revenue. Employing normative legal research with statutory and conceptual approaches, this study finds that Indonesia's crypto tax framework contains significant normative gaps, most notably the absence of any specific legal basis governing NFT taxation. The successive amendments from PMK 68/2022 through PMK 81/2024 to PMK 50/2025 reflect an adaptive effort that remains incomplete. From a fiscal equity perspective, the flat-rate Final Income Tax scheme is inconsistent with the ability-to-pay principle, as it treats small and large investors identically. This study concludes that statutory-level regulation explicitly addressing NFTs is urgently needed, alongside a shift toward a more equitable rate structure.
Factors Hindering the Implementation of Mediation in Minor Criminal Cases at the Gorontalo City Police Headquarters
The conventional criminal justice system, which focuses on punishment, causes a backlog of cases and lengthy proceedings, making restorative justice through penal mediation an alternative for resolving minor criminal offenses (TPR) based on Perkap No. 8 of 2021. This study aims to identify the main factors that hinder the implementation of mediation in MOC cases such as petty theft, minor assault, and defamation at the Gorontalo City Police Station, using a sociological empirical legal approach with primary data from interviews with investigator Brigpol Fier P. Simanjuntak, as well as secondary data from legal documents, analyzed qualitatively through reduction, classification, and interpretation. The results of the study show that the main obstacles include the strict formal requirements of Perkap No. 8 of 2021, disagreement between the parties (victim or perpetrator due to trauma or refusal of responsibility), family intervention that causes emotional or cultural pressure, and financial constraints such as inability to pay restitution and operational costs, with internal factors such as investigator human resources and bureaucracy being more dominant than external factors. Overall, mediation has not been optimal due to ineffectiveness in terms of legal substance, law enforcement, facilities, society, and legal culture. Recommendations include more flexible regulations, mediator training, state financial support, socialization of restorative justice, and integration of local values to improve effectiveness and social justice.
Protection of Customer Personal Data in the Standard Clauses of the Privacy Policy of the Seabank Digital Bank Application
This study aims to analyze the validity of standard clauses in the privacy policy of PT Bank SeaBank Indonesia, particularly in relation to customer personal data protection, and to examine the legal consequences arising from such clauses under Indonesian law. The research employs a normative legal method with statutory and conceptual approaches, relying on primary, secondary, and tertiary legal materials analyzed qualitatively through prescriptive reasoning. The findings reveal that the standard clauses used in SeaBank’s privacy policy tend to position customers in a weaker bargaining position through a “take it or leave it” mechanism, granting broad authority to the bank in processing personal data. These clauses are often general, lack transparency, and do not fully comply with the principles of legality, transparency, and informed consent as required by the Personal Data Protection Law and Consumer Protection Law. Furthermore, certain clauses potentially limit the liability of the bank, which may contradict existing legal provisions. Consequently, such clauses may be declared null and void if proven detrimental to customers, and the bank may bear legal responsibility for resulting damages. In conclusion, stronger regulatory supervision, improved transparency, and enhanced legal and digital literacy are essential to ensure effective personal data protection in digital banking services.
Juridical Analysis of Online Gambling Crimes Based on Decision Number 100/Pid.Sus/2024/Pn Sda
The rapid advancement of digital technology has contributed to the increasing prevalence of online gambling in Indonesia, giving rise to significant social and legal challenges. This study examines the criminal liability of online gambling perpetrators based on Court Decision Number 100/Pid.Sus/2024/PN Sda and evaluates the appropriateness of the legal reasoning adopted by the court. This research employs a normative juridical method with a statutory and case approach by analyzing the Criminal Code (KUHP), the Information and Electronic Transactions Law (ITE Law), and relevant judicial decisions. The findings indicate that the judge correctly applied the constituent elements of the online gambling offense under Article 303 of the Criminal Code and Article 27 paragraph (2) in conjunction with Article 45 of the ITE Law, supported by electronic evidence and witness testimony. The decision affirms that active participants in online gambling activities may be held criminally liable under both the Criminal Code and the ITE Law. This study contributes theoretically by clarifying the construction and application of the lex specialis principle in online gambling cases and offers practical insights for law enforcement officials in assessing electronic evidence similar cases.
Criminal Liability for Electronic Document Forgery: A Case Study of PT. Toyobo Japan
This study aims to explain the legal regulation of electronic document forgery in Indonesia as well as the form of criminal liability in the case of electronic document forgery of PT Toyobo Japan. Forgery of electronic documents is regulated through the general provisions of the Criminal Code and special provisions in the Electronic Information and Transactions Law that provide a legal basis for the act of creating, altering, and distributing counterfeit digital documents. This study uses a normative juridical method with a legislative approach and a case approach, based on the analysis of primary and secondary legal materials. The results of the study showed that the perpetrators deliberately created fake email accounts and manipulated payment instruction documents to illegally divert funds. These acts meet the elements of intentionality, responsible ability, unauthorized access, and the creation of false electronic documents as stipulated in the Criminal Code and the ITE Law. Thus, the perpetrators can be held criminally responsible as the main perpetrator or participate based on the applicable legal provisions.
Information and Electronic Transactions Law
Theodora Verina Josephine Rouli Situmorang
Cyber Extortion as a Cybercrime in Indonesian Criminal Law: Normative Analysis and Legal Protection for Victims
This study aims to analyze the legal regulation of Cyber Extortion within the Indonesian criminal law system and examine the forms of legal protection and criminal liability applicable to perpetrators and victims. The research employs a juridical-normative method with a descriptive qualitative approach. Primary legal materials include Article 368 of the Criminal Code, Article 45 in conjunction with Article 27B of Law No. 1 of 2024 concerning the Second Amendment to the ITE Law, and Law No. 44 of 2008 concerning Pornography, supported by relevant legal doctrines and court practices. The findings indicate that Indonesian positive law has established a relatively comprehensive normative framework for addressing Cyber Extortion. Judicial interpretation has expanded the concept of “violence or threat of violence” to encompass psychological threats in cyberspace, including threats to disseminate sensitive data that may damage a victim’s reputation. Cyber Extortion can be categorized based on the relationship between perpetrators and victims, including both prior face-to-face relationships and purely online interactions. Legal protection mechanisms include the right to report, personal data protection, fair trial guarantees, restitution, and psychological assistance. Criminal liability is grounded in the principle of fault, particularly intentional conduct, with sanctions ranging from six months to twelve years imprisonment. In conclusion, effective implementation still requires stronger inter-agency coordination and increased public awareness to enhance prevention and victim protection.
Legal Review Of Cooperation Between Indonesia And The Philippines In The Eradication Of Cross-Border Online Gambling
The development of information technology has brought various positive and negative impacts, one of which is the increase in cross-border online gambling practices, which are difficult to address solely through national legal instruments. Indonesia, as a country governed by the rule of law, faces serious challenges in suppressing online gambling practices, which often involve servers and players operating across borders. This creates new problems for countries that prohibit gambling. Therefore, Indonesia has established international cooperation, particularly with the Philippines, to address cross-border online gambling. This study aims to analyze the forms of international cooperation between Indonesia and the Philippines in enforcing cross-border online justice. The research method used is a normative juridical method with a regulatory and international legal approach. The results indicate that the Indonesia-Philippines extradition treaty, along with cooperation through Interpol and the Mutual Legal Assistance (MLA) mechanism, play a significant role in strengthening efforts to eradicate cross-border online gambling.
Comparison of the Indonesian Military Legal System with the Malaysian Military Legal System
This study addresses the problem of how differences in legal traditions influence the structure and enforcement of military law in Indonesia and Malaysia. It aims to examine and compare the legal foundations, institutional structures of military courts, and the characteristics of law enforcement applied to members of the armed forces in both countries. The research employs a normative juridical method with a comparative law approach by analyzing statutory regulations, particularly Law Number 31 of 1997 on Military Courts in Indonesia and the Armed Forces Act 1972 (Act 77) in Malaysia, as well as relevant legal literature and doctrines. The findings reveal that the principal differences between the two systems derive from their respective legal traditions—Civil Law in Indonesia and Common Law in Malaysia—which shape the organization of military courts, jurisdictional design, and procedural mechanisms for adjudicating military offenses. Indonesia relies on a codified and hierarchical military judicial structure, whereas Malaysia integrates common law principles within its court-martial system. Nevertheless, both systems share a fundamental objective, namely maintaining discipline, hierarchy, and command effectiveness within military institutions. In conclusion, despite structural and procedural distinctions, the military legal systems of Indonesia and Malaysia pursue similar normative goals. This study contributes to the development of comparative military law and offers a reference for strengthening military legal reform in Indonesia in alignment with the principles of the rule of law, military professionalism, and legal supremacy.
Juridical Analysis of the Constitutional Court's Decision Number 81/PUU-XXIII/2025 Rejecting the Formal Test of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 concerning the Indonesian National Army
Constitutional Court Decision Number 81/PUU-XXIII/2025, which rejected the formal judicial review of Law Number 3 of 2025 concerning the Amendment to Law Number 34 of 2004 on the Indonesian National Armed Forces (TNI), has sparked debate regarding the standards of law-making in a democratic rule-of-law state. This study analyzes the Court's legal reasoning in assessing the formal constitutionality of the TNI Law and examines its constitutional implications for the principles of due process of law, transparency, and meaningful public participation. This research employs a normative legal method using statutory, conceptual, and case approaches, focusing on an in-depth analysis of the Court's decision. The findings show that the Constitutional Court justified the legislative process by emphasizing the urgency of national defense policy and certain normative considerations, concluding that the planning, drafting, and deliberation stages formally complied with legal requirements. However, dissenting opinions from several Justices highlight procedural concerns, including the designation of the bill as a carry-over bill, revisions to the National Legislation Program (Prolegnas) without adequate evaluation, and the limited guarantee of meaningful public participation. Although the law was declared formally constitutional, the decision raises concerns about procedural flexibility that may weaken democratic legislative standards and affect the quality of constitutional governance in Indonesia.
National Legislation Program (Prolegnas)
Domestic Violence: A Review of Law and Protection for Women in Indonesia
This article aims to examine the forms and dynamics of domestic violence (DV) in Indonesia, evaluate the effectiveness of legal protection mechanisms, and analyse enforcement challenges under Law No. 23 of 2004 while also clarifying the evidentiary pathway for claims involving colonial land titles following Government Regulation No. 18 of 2021. The study applies normative legal research using statute and conceptual approaches through analysis of legislation, legal doctrines, and relevant secondary data concerning patterns of violence and contemporary legal practice. The findings show that domestic violence remains a serious socio-legal issue, with approximately 58.75% of reported violence occurring within households, reflecting the persistence of gender-based harm in private spheres. Although Indonesia has established a relatively comprehensive legal framework to address violence and regulate evidentiary matters, implementation remains inconsistent due to entrenched social stigma, limited institutional coordination, procedural barriers, and insufficient awareness among victims regarding their legal rights. In addition, ambiguities in evidentiary standards and administrative practices continue to affect the recognition and resolution of colonial land title claims within both judicial and bureaucratic processes. The study concludes that strengthening cross-sector collaboration, improving legal literacy, clarifying evidentiary standards, and enhancing institutional responsiveness are necessary to ensure more effective victim protection, consistent law enforcement, and greater legal certainty in Indonesia's evolving socio-legal landscape.
Consumer Protection of SPHP Brand Rice in a Legal Political Perspective
This study aims to analyse consumer protection against the adulteration of Stabilization of Food Supply and Price (SPHP) rice in Indonesia and to evaluate legal policy weaknesses in order to formulate responsive regulatory reforms that balance business and consumer interests. The research applies a normative legal method using Roscoe Pound's theory of law as a tool of social engineering. Primary legal materials include Law No. 8 of 1999 on Consumer Protection, Law No. 18 of 2012 on Food, and the 1945 Constitution, supported by secondary sources from legal literature and relevant cases. The results show that SPHP rice adulteration violates Article 8 of the Consumer Protection Law concerning product standards and triggers strict liability under Articles 19–23 for business actors. Weak supervision, regulatory gaps, and persistent non-compliance remain major obstacles, indicating limited effectiveness of current enforcement mechanisms in ensuring food safety. The study concludes that responsive legal policy reconstruction is necessary through stricter distribution supervision, stronger sanctions, optimisation of local government roles, and the integration of supply-chain tracking technology to enhance regulatory harmonisation and substantive consumer protection within Indonesia's food security framework.
Implementasi Teori dan Penemuan Hukum dalam Rekomendasi Ombudsman RI : Kaitan Norma Hukum dan Keadilan Administratif
Recommendations issued by the Ombudsman of the Republic of Indonesia are a crucial instrument for upholding administrative justice and preventing maladministration in public service delivery. This study aims to analyze the Ombudsman’s authority in issuing recommendations and examine its relationship to legal discovery theory, as well as its reflection of justice values in government administration. Using a normative juridical method through a literature-based review of legal scholarship, legislation, and relevant Ombudsman recommendations, the study finds that these recommendations function not merely as administrative decisions but also as a manifestation of the legal discovery process. In interpreting norms and determining appropriate remedies for public reports, the Ombudsman applies principles of legality and good governance while balancing legal certainty, utility, and justice. The study concludes that the Ombudsman’s recommendation authority plays a substantive role in strengthening accountability in public administration and ensuring that government actions remain aligned with citizens’ rights and the broader principles of administrative justice.
Recommendations of the Indonesian Ombudsman
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Penerapan Teori Penemuan Hukum dalam Putusan Hakim Pada Praktik Peradilan di Indonesia
This study examines the application of legal discovery theory in judicial decisions within the Indonesian judicial system. Judges in Indonesia are not only required to apply written law but also to interpret and construct legal norms when existing regulations are incomplete or insufficient. This condition creates a practical need for legal discovery as a means to fill legal gaps and ensure that judicial decisions reflect substantive justice. The objective of this paper is to analyze the theoretical foundations of legal discovery, explore how these theories operate within national legal principles, and identify how judges implement them in judicial reasoning. Using a normative juridical method, this study reviews statutory provisions, judicial decisions, and doctrinal sources to understand the patterns and rationale behind judicial legal discovery. The findings show that judges frequently rely on interpretation, legal principles, and societal values to establish legal norms, especially in cases involving regulatory ambiguity. These practices contribute to achieving justice and legal responsiveness, although they also pose challenges to maintaining legal certainty. The study concludes that legal discovery plays a strategic role in strengthening the judiciary’s function as a guardian of justice, and its proper application can enhance the adaptability of Indonesian law to evolving social needs.
Kohabitasi Dalam Perspektif Hukum Pidana, dan Hak Asasi Manusia: Antara Realitas dan Norma Sosial
The phenomenon of cohabitation as a form of living together without a legally recognized marriage has become increasingly prominent within Indonesian social dynamics, yet its existence is confronted with criminalization through the provisions of Law Number 1 of 2023 concerning the Criminal Code (KUHP). This study aims to analyze the regulation of cohabitation in the new Criminal Code, assess its compatibility with human rights principles as stipulated in Law Number 39 of 1999 on Human Rights, and understand the influence of social norms in its implementation. Using a normative juridical method with statutory and conceptual approaches, this research examines the tension between public morality, social reality, and the protection of individual rights. The findings show that the criminal provisions on cohabitation in the KUHP are moralistic in nature and not fully aligned with human rights principles, particularly those related to privacy, personal freedom, proportionality, and non-discrimination. Its application in society is also heavily influenced by diverse social norms, creating the potential for selective criminalization. This study concludes that the formulation of Indonesian criminal law needs to be directed toward a more humanistic and human rights-oriented approach, positioning criminal law as ultima ratio and avoiding disproportionate intervention in the private sphere of citizens.
Perbandingan Bentuk Antara Negara Federal, Negara Konfederasi, dan Negara Kesatuan dalam Prespektif Ilmu Negara
This article discusses a comparison between the forms of federal states, confederations, and unitary states from the perspective of the science of the state. The background of the study highlights the importance of understanding the differences in these governmental structures, as each form has a distinct system of power distribution. The research questions raised include the characteristics of each state form, differences in power distribution, and their impacts on governance and regional autonomy. The research method used is a literature study by analyzing theories in the science of the state and examining examples of countries that apply each form of government. The conclusion shows that federal states divide power between the central and regional governments, confederations emphasize the sovereignty of member states, while unitary states centralize power in the central government. Each system has its own advantages and disadvantages depending on the social, political, and cultural context of the respective country. This study also found that the choice of state form can influence political stability, resource management, and the relationship between the central and regional governments. Therefore, a comprehensive understanding of these governmental systems is essential in designing effective policies in a country.
Tinjauan Yuridis Wanprestasi dalam Perjanjian Sewa Lahan Pemerintah Daerah Berdasarkan Buku III KUHPer dan PP No. 27 Tahun 2014 (Studi Kasus Auning Pedagang Stadion Maulana Yusuf Serang)
The purpose of this study is to analyze the implementation of the land lease agreement at Maulana Yusuf Stadium in the development of traders’ auning between the Tourism and Sports Office and Basyar Alhafi, and to assess its legal consequences when reviewed from Book III of the Civil Code and Government Regulation Number 27 of 2014 concerning the Utilization of State Property. The research employs a normative juridical method using statutory, conceptual, and case approaches, supported primarily by secondary data and complemented by primary data. The analysis is carried out qualitatively. The findings show that the cooperation agreement formed between the Tourism and Sports Office and Basyar Alhafi did not comply with the required procedures because it was made without discussion or approval from the Mayor of Serang as the authorized holder of regional property management. This procedural defect renders the agreement inconsistent with applicable laws and regulations. Furthermore, the agreement cannot be canceled unilaterally because the tenant, Basyar Alhafi, rejected the cancellation. In conclusion, the dispute requires the Tourism and Sports Office to submit a lawsuit to the Serang District Court to annul the agreement and restore control over the regional property.
Peran Media Sosial dalam Memicu Perceraian di Kabupaten Cianjur
This study aims to reveal the role of social media in triggering divorce in Cianjur Regency. The first objective was to identify the impact of social media on divorce, particularly in the context of changes in communication patterns and behavior of married couples. The second objective was to analyze the main factors of social media use that influence divorce decisions, such as infidelity or jealousy triggered by online interactions. The method used was a qualitative approach with survey techniques and data analysis from the Cianjur Religious Court. The results showed that social media contributed to the increasing divorce rate through several factors, with economic factors as the main cause. Consumptive lifestyles displayed on social media often lead to unrealistic expectations and financial pressure in the household. In addition, social media also leads to disrupted communication, jealousy, and online infidelity. The research also found that digital footprints from social media are often used as strong evidence in divorce proceedings, such as screenshots of conversations or posts that show a breach of marital commitment. These findings underscore the importance of digital literacy, emotional management and healthy communication in the household to prevent the negative impact of social media on family harmony.
Tata Kelola Keuangan Negara Di Era Post Pandemi: Kajian Hukum Atas Pengelolaan Dana Pemulihan Ekonomi Nasional
The COVID-19 pandemic compelled the Indonesian government to adopt extraordinary fiscal measures to maintain national economic stability. One of the key instruments was the National Economic Recovery (PEN) Program, which allocated Rp695.2 trillion in 2020 and increased in subsequent years. Although implemented under emergency conditions, the program remained subject to the principles of state financial governance mandated by national laws, particularly Law No. 1 of 2004 on State Treasury. This study examines the extent to which the principles of transparency, accountability, efficiency, and public participation were applied in the management of PEN funds during the post-pandemic period, and identifies legal and institutional challenges that hinder their implementation. Using a normative juridical approach combined with qualitative analysis of legislation, state financial reports, and audit findings from the Supreme Audit Agency (BPK), the research finds that despite adequate regulatory provisions, several gaps persist in practice. These include limited fiscal data integration, weak cross-sector oversight, inconsistent disclosure of budget realization, and insufficient mechanisms for meaningful public engagement. The study also highlights structural constraints within implementing agencies that reduce policy coherence and delay monitoring processes. Strengthening legal instruments, enhancing digital transparency systems, and improving public accountability frameworks are therefore essential to ensure effective and legitimate state financial management when responding to future crises.
Tata Kelola keungan negara; Post- Pandemi; Dana PEN; Akuntabilitas transparans_efisiensi_partisipasi
Tinjauan Yuridis Terhadap Pembuktian Hak Atas Tanah Menggunakan Eigendom Verponding Berdasarkan Peraturan Pemerintah (PP) Nomor 18 Tahun 2021: Studi Putusan 109/PK/PDT/2022
This article examines the legal basis and evidentiary strength of using colonial-era Eigendom Verponding in proving land rights under Indonesia's contemporary agrarian law, particularly after Government Regulation (PP) No. 18 of 2021 on Land Management Rights, Land Rights, Condominium Units, and Land Registration. Focusing on Supreme Court Judicial Review Decision No. 109/PK/PDT/2022 concerning the Dago Elos dispute, we show that non-converted eigendom titles lost their validity as private rights after the 24 September 1980 deadline and became state-controlled land. Nevertheless, historical documents can still function as supporting evidence to prioritize applications for new rights by former holders, while physical possession without registered basis remains weak. Methodologically, the study adopts a normative juridical approach using statutory, case, and conceptual analyses. The findings reaffirm Indonesia’s negative publication system: certificates provide strong, not absolute, proof; and orderly conversion/registration is decisive. The article clarifies the evidentiary pathway for claims involving colonial titles post-PP 18/2021 and offers practical implications for BPN, judges, notaries/PPAT, and litigators.
Penyelesaian Sengketa Kesehatan Dengan Metode Non Litigasi, Mediasi, Arbitrase Dan Alternatif Lainnya
This article aims to analyze the effectiveness of non-litigation dispute resolution methods in the healthcare sector, focusing on mediation, arbitration, and other alternatives such as negotiation, conciliation, and expert determination. This study employs a qualitative approach through normative legal analysis and literature review of relevant Indonesian laws and regulations, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, the Medical Practice Law, and Supreme Court Regulation No. 1 of 2016 on Mediation Procedures. The findings indicate that non-litigation methods offer significant advantages over traditional litigation, particularly in terms of time efficiency, cost reduction, and the preservation of relationships between patients and healthcare providers. Mediation facilitates mutually beneficial agreements (win-win solutions), while arbitration provides binding decisions without lengthy court procedures. Additionally, internal complaint mechanisms and the roles of institutions such as the Indonesian Medical Disciplinary Honorary Council (MKDKI) contribute to the institutionalization of non-litigation approaches. In conclusion, non-litigation healthcare dispute resolution is a more adaptive, humane, and trust-based solution that aligns with the demands of responsive healthcare services. Enhancing legal literacy and institutional capacity in mediation practices is essential to broaden the implementation of these methods.
Permohonan Pailit terhadap developer perumahan dalam Praktik Peradilan di Indonesia dan Malaysia
This article aims to comparatively examine the legal mechanisms for filing bankruptcy petitions against housing developers in Indonesia and Malaysia, with a particular focus on the effectiveness of consumer protection. The research is motivated by the rising number of stalled housing projects and the weakened legal position of consumers, especially in Indonesia following the issuance of Supreme Court Circular Letter (SEMA) No. 3 of 2023, which restricts the use of bankruptcy petitions against property developers. This study employs a normative legal research method with a comparative law approach, analyzing statutory regulations, court decisions, and relevant legal literature from both countries. The findings reveal that Malaysia offers a more consumer-responsive insolvency framework through the implementation of escrow accounts, performance bonds, clear legal segmentation between individual and corporate bankruptcy, and the presence of a dedicated housing regulatory authority. In contrast, Indonesia continues to face legal uncertainty and lacks sufficient consumer protection mechanisms in bankruptcy cases involving developers. The study concludes that Indonesia’s bankruptcy law requires reform to become more adaptive and consumer-oriented. The recommendation includes strengthening bankruptcy regulations, integrating escrow account mechanisms into national law, and establishing an independent housing supervisory body to enhance developer accountability and ensure legal certainty for homebuyers.
Perbandingan Penagangan Hukum Anak Penggunaan Narkoba Di Indonesia Dan Malaysia
The increasing rate of drug abuse among children and adolescents has become a serious concern that demands urgent attention from all levels of society. The severity of this issue calls for a united effort to combat drug trafficking and promote stronger legal frameworks that address the specific needs of young drug users. In particular, law enforcement approaches toward children and adolescents involved in drug abuse should emphasize not only criminal penalties but also rehabilitation and child protection. This study aims to compare how Indonesia and Malaysia legally handle cases involving juvenile drug offenders. Employing the Systematic Literature Review (SLR) method, this research analyzes various national legal documents, policies, and academic perspectives to explore the similarities and differences in both countries’ legal treatments. In Indonesia, the legal response to children involved in drug abuse is guided by a restorative justice approach, which is embedded in the Narcotics Law and the Juvenile Criminal Justice System Law. These laws focus on rehabilitation and reintegration into society, rather than solely on punitive measures. Meanwhile, Malaysia also adopts a comparable framework through several pieces of legislation, including the Dangerous Drugs Act 1952, the Child Act 2001, and the Juvenile Courts Act 1947. These laws aim to strike a balance between punishment and protection, acknowledging the unique status of children in conflict with the law. In conclusion, while both countries adopt progressive strategies to deal with juvenile drug abuse, the implementation reflects each nation’s distinct legal system and socio-cultural context.
Perlindungan Hukum Terhadap Penyewa Tanah Dari Pengelola Tanah Yang Hendak Dijual Pemilik Tanah Sebelum Masa Sewa
A lease agreement is an agreement set forth in a written agreement with the contents of the parties binding themselves to each other within a specified time and has an agreed price value that gives rise to an obligation for the tenant to pay for the goods or buildings he rents, but in practice the researcher found that there are things that harm the tenant such as by selling land without the knowledge of the party The tenant of the land certainly cannot be ignored, considering that the principle of an engagement agreement is good faith in an agreement, good faith means that one party intends not to interfere with allies or public interest The type of method used by the author is using the library research method (Library Research), which is a method used by studying literature books, legislation, and other written materials. The results of this study show the Legal Protection of Land Tenants from Land Managers Who Want to Sell Land Owners Before the Lease Period and Land Rental Agreements from Land Managers Who Want to Be Sold by Land Owners. Based on the results of this research, it is hoped that it will be material for information and input from students, academics, and all parties in need, especially within the Faculty of Law, Pancasakti University of Tegal
Efektivitas Peraturan Pemerintah Nomor 22 Tahun 2022 dalam PerlindunganHukum dan Pemenuhan Hak Awak Kapal Perikanan Migran
Indonesia is a country with abundant marine resources due to the large number of islands in Indonesia, including large and small islands, with approximately 17,508 islands. The high number of islands in Indonesia makes this one of the livelihoods of the Indonesian people, especially those living on the coastline, namely as fisheries crew members or fishermen. This study aims to analyze the effectiveness of Government Regulation Number 22 of 2022 in providing legal protection and ensuring the fulfillment of rights for migrant fisheries crew members. The research employs an empirical juridical approach, utilizing literature review and field studies through direct interviews. The findings reveal that despite the existence of this regulation, the implementation of legal protection for migrant fisheries crew members remains challenging. Key issues include weak policy enforcement, limited supervision, lack of legal awareness among crew members, and bureaucratic obstacles that hinder access to legal assistance. Additionally, cases of exploitation and labor contract misinterpretation persist, particularly in the high-risk fisheries industry. The regulation establishes a clearer legal framework by defining the responsibilities of placement companies and the government in ensuring social protection, fair wages, work safety, insurance, and legal aid for crew members. However, gaps in enforcement necessitate collaborative efforts among government agencies, fisheries companies, and non-governmental organizations. Strengthening supervision, legal enforcement, and empowering crew members through legal education and training are crucial to improving protection. Continuous policy improvements and inter-agency coordination are expected to enhance the effectiveness of legal protection for migrant fisheries crew members in Indonesia.