Veritas et Justitia is a law journal, managed and published under the auspices of the Faculty of Law, Universitas Katolik Parahyangan/Parahyangan Catholic University (UNPAR). The first edition was published in June 2015 and was meant to replace “Pro Justitia”, a law journal which ended its publication four years earlier. Veritas et Justitia is a media outlet that publishes articles in Bahasa Indonesia and/or English on current national and international legal issues, as well as legal research, written by legal scholars and practitioners. Veritas et Justitia is a member of Asosiasi Pengelola Jurnal Hukum Indonesia/Indonesian Law Journal Association (APJHI). Veritas et Justitia is periodically published twice a year, every June and December, and does not impose any article processing fees. Articles accepted and compiled within each issue will be published online and can be accessed in full for free on the Journal’s website. Authors and readers may request a hard copy of the journal by covering the printing cost. Articles published reflect solely the opinions and arguments of their respective authors and are not representative of the views or beliefs of the Editorial Board or the Faculty of Law, UNPAR. Veritas et Justitia screens for plagiarism using Turnitin, and the similarity index must be below 30%. No fees are required for the review process or for publication, unless authors fail to submit their revisions after the review. Veritas et Justitia has been accredited SINTA 2 by DIKTI under the Decree Number 177/E/KPT/2024, effective until 2027. --------------------------------------------------- Online ISSN : 2460-4488 Distribution : Open Access Frequency : 2 (two) issues per year (June and December) DOI : 10.25123 Country : Indonesia Submit Manuscript Now! Indexed by ---------------------------------------------------
Faculty of Law, Parahyangan Catholic University
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PEMAKNAAN MAHKAMAH KONSTITUSI TERHADAP BATASAN OPEN LEGAL POLICY BESERTA KOMPLEKSITASNYA
The Constitutional Court of Indonesia (Mahkamah Konstitusi) has exhibited a significant shift in its constitutional interpretative practice in adjudicating cases involving open legal policy. This shift is reflected in the Court’s recent tendency to grant judicial review petitions against norms that were previously classified as open legal policy and consistently considered beyond the scope of constitutional review, insofar as such norms are deemed to have exceeded certain constitutional limits. This research employs a normative juridical method and examines two main issues. First, it analyzes how the Constitutional Court conceptualizes the limits of open legal policy in adjudicating and granting judicial review cases. Second, it explores how the complexity of these limits is reflected in the Court’s legal reasoning. The findings indicate that the Constitutional Court has formulated several parameters limiting open legal policy, namely: (1) abuse of power by the legislator; (2) provisions that contravene principles of morality and rationality and result in intolerable injustice; (3) violations of political rights and the principle of popular sovereignty; (4) deficiencies in institutional design and function; and (5) norms that are manifestly contradictory to the 1945 Constitution of the Republic of Indonesia. Nevertheless, this study also reveals various complexities in the application of these limitations, including a tendency toward contradictio in terminis, interpretive difficulties surrounding the concepts of morality, rationality, and intolerable injustice due to their broad and fluid nature, as well as persistent tensions between legal certainty and constitutional justice in judicial review practice.
constitutional court; constitutional interpretation; open legal policy
Copyright (c) 2026 Muhammad Anugerah Perdana, Mochamad Adli Wafi https://creativecommons.org/licenses/by-nc/4.0
PRESIDENTIAL POWER AND EXECUTIVE AGGRANDIZEMENT IN SHAPING THE CABINET
This article examines the President’s authority to determine the number of ministers and deputy ministers, which has the potential to result in an oversized cabinet that hinders oversight of the executive branch. Adopting a socio-legal approach that combines doctrinal analysis with the study of executive aggrandizement, this research maps the mechanisms through which normative flexibility enables the expansion of the cabinet. The main findings demonstrate that cabinet expansion through changes in the Law on State Ministries has operated at several levels as a means of consolidating executive power through political patronage, the politicization of the bureaucracy, and legal engineering. Cabinet expansion is not a new phenomenon in Indonesian political history; this pattern has recurred from the Old Order to the New Order era. Constitutional Court Decision No. 128/PUU-XXIII/2025 confirms that excessive Presidential power can hinder bureaucratic effectiveness and efficiency. The decision also strengthens claims of executive aggrandizement not only in the ministerial sector but also among deputy ministers. This article proposes restricting Presidential power, particularly in determining cabinet size, through constitutional regulation with clear quantitative limits. Clearly defined boundaries that are difficult to modify politically would provide an effective mechanism to restrain the President’s authority to expand the cabinet.
checks and balances; executive aggrandizement; presidential power
Copyright (c) 2026 Febriansyah Ramadhan, Saiful Risky https://creativecommons.org/licenses/by-nc/4.0
ANTARA KECERDASAN ARTIFISIAL DAN KEBUTUHAN PENALARAN HUKUM DALAM PENYUSUNAN JOINT VENTURE AGREEMENT
The development of Artificial Intelligence (AI) technology has made a significant contribution to the legal field, particularly in the drafting of business contracts such as Joint Venture Agreements (JVAs). AI assists in researching necessary data and drafting contractual clauses in JVAs. Although AI greatly facilitates contract drafting, it has inherent limitations because it cannot fully accommodate the legal context, or the specific needs of the parties involved in a transaction. This article examines the use of AI in contract drafting through the lens of Roscoe Pound’s theory of Mechanical Jurisprudence. Pound criticized the rigid application of law by judges, which this study analogizes to AI-generated contract clauses that are standardized and insufficiently responsive to the parties’ particular interests. The research is conducted through a literature review using a normative and prescriptive legal approach. The study concludes that AI should be used only as an auxiliary tool rather than as a primary reference in contract drafting, especially for complex business contracts such as JVAs. This is because AI-generated outputs are not the product of human legal reasoning capable of incorporating legal context, social norms, party interests, and considerations of justice. Consequently, such outputs remain rigid and require careful analysis and review by human contract drafters.
artificial intelligence; contract drafting; joint venture agreement; legal reasoning; mechanical jurisprudence
Copyright (c) 2026 Gisca Nurannisa https://creativecommons.org/licenses/by-nc/4.0
REPRESI TERHADAP KEBEBASAN AKADEMIK DALAM POLITIK ELEKTORAL INDONESIA
The relationship between campuses and political power continues to be shaped by partisan interests. Increasing politicization reflects the strategic importance of campus life as an object of discipline, co-optation, and control within broader power structures. This dynamic was evident during the 2024 Indonesian elections, both at the presidential and regional levels. This article analyzes patterns observed in these elections, which featured multiple instances of political pressure exerted through state apparatuses seeking to mobilize campuses in support of the Joko Widodo administration through various manipulative strategies. Existing studies have paid limited, if any, attention to the position of campuses and electoral processes from the perspective of academic freedom, particularly within legal analysis focused on its practical application. This article therefore asks why academic freedom becomes particularly vulnerable during electoral periods and why campuses appear especially susceptible to political pressure in such contexts. Employing an interdisciplinary law-and-society approach, the article argues that the subordination of campuses during elections is neither incidental nor novel. Rather, campuses have been repeatedly sacrificed in electoral politics and are increasingly subject to systematic co-optation through policy instruments that constrain and neutralize their critical function.
academic freedom; co-optation of power; public elections; repressive politics
Copyright (c) 2026 Herlambang P. Wiratraman https://creativecommons.org/licenses/by-nc/4.0
REKONSTRUKSI KEWENANGAN ASAL-USUL ATAS KELEMBAGAAN, PENGISIAN JABATAN, DAN MASA JABATAN KEPALA DESA ADAT
This study examines the normative ambiguity in Article 109 of the Village Law, which stipulates that the institutional structure, mechanisms for filling positions, and terms of office of customary (adat) village heads must be determined based on customary law, while at the same time requiring these matters to be stipulated in Provincial Regional Regulations. This formulation creates a dualism of authority between the rights of origin of customary (adat) peoples and the regulatory authority of local governments. Using a normative legal approach through the analysis of laws and regulations, academic literature, and regional regulatory practices, this study finds that the ambiguity of Article 109 has encouraged the emergence of Regional Regulations that are both regulative and interventionist in nature. Local governments not only recognize but also reorganize customary arrangements in detail, including the uniformity of adat institutional structures, the regulation of appointment mechanisms, the determination of genealogical requirements, and the establishment of terms of office for adat village heads. This research proposes a reconstruction of Article 109 by emphasizing that Regional Regulations should function declaratively, namely, by recognizing adat mechanisms rather than re-regulating them. Through this reconstruction model, original authority over institutional structures, appointment mechanisms, and terms of office of adat leaders can be restored as the full domain of adat law communities, thereby enabling state–adat relations to operate proportionally within the framework of Indonesian legal pluralism.
adat law; recognition of customary/adat village governance; village law
Copyright (c) 2026 Natanel Lainsamputty, Agus Sudaryanto https://creativecommons.org/licenses/by-nc/4.0
KEWENANGAN PENGADILAN YANG DIPILIH DALAM KLAUSULA PILIHAN PENGADILAN: TINJAUAN BERDASARKAN HUKUM PERDATA INTERNASIONAL INDONESIA
A choice of court agreement made by contracting parties is recognized under Indonesian civil procedure law. Nevertheless, Indonesian courts frequently decline to uphold the jurisdiction of the court selected by the parties. This is because, under Indonesian Civil Procedure Rules, the principle of actor sequitur forum rei may take precedence over the parties’ choice of court agreement. Moreover, as Indonesian law does not expressly regulate the jurisdiction of foreign courts, Indonesian courts tend to assert jurisdiction over disputes even where the parties have nominated a foreign court in their agreement. This article is based on normative juridical research involving the analysis of legal materials consisting of statutes and regulations, case law, and legal doctrine. In light of these findings, the article proposes that Indonesia enact the Bill on Private International Law, which includes provisions governing international jurisdiction for both Indonesian and foreign courts. Additionally, the article advocates for Indonesia’s accession to the 2005 Hague Convention on Choice of Court Agreements and outlines recommended measures to safeguard Indonesia’s national interests through reformation of the judiciaries.
choice of court agreements; hcch choice of court convention; private international law
Copyright (c) 2026 Afifah Kusumadara https://creativecommons.org/licenses/by-nc/4.0
NAVIGATING LEGAL AMBIGUITY: FOREIGN MILITARY ACTIVITIES AND THE RIGHTS OF ADJACENT STATES UNDER ARTICLE 51(1) UNCLOS 1982
Article 51(1) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 exists within the framework of the archipelagic state regime. It provides a legal basis for immediately adjacent neighbouring states to continue exercising existing rights in specific areas that were previously considered international waters but have since come under the jurisdiction of an archipelagic state. The provision refers to these as “other legitimate activities” without offering a clear definition or scope. As a result, the ambiguity of this term undermines legal certainty. A notable example of this issue is the historical disagreement between Indonesia and Singapore over whether military exercises fall within the scope of “other legitimate activities” within Indonesia’s archipelagic waters. This article argues that the term should be jointly defined by the states concerned, as scholars suggest that Article 51(1) constitutes a pactum de contrahendo, thereby necessitating subsequent agreements. By exploring the historical context and scholarly interpretations, this paper seeks to clarify the ambiguous meaning of “other legitimate activities” under Article 51(1) of UNCLOS 1982.
archipelagic state; foreign military exercises; pactum de contrahendo; UNCLOS 1982
Copyright (c) 2025 Kenneth Lee https://creativecommons.org/licenses/by-nc/4.0
PARALLEL PRICING AND THE USE OF CIRCUMSTANTIAL EVIDENCE IN PROVING PRICE-FIXING CARTELS
Most jurisdictions rely on indirect (circumstantial) evidence to prove parallel pricing that constitutes a price-fixing cartel when there is no direct evidence of an agreement among competing businesses. In Indonesia, however, the use of circumstantial evidence in proving price-fixing cartels remains debatable, as the Competition Act does not explicitly recognize circumstantial evidence as a form of proof available to the Business Competition Supervisory Commission (KPPU) in enforcing the Act. In several price-fixing cases, courts have rejected KPPU decisions that relied solely on circumstantial evidence to establish the existence of an agreement. This article examines how circumstantial evidence has been applied by the KPPU and the courts in cases involving parallel pricing. It further analyzes whether the Competition Act accommodates circumstantial evidence as a valid means of proving parallel pricing that amounts to a price-fixing cartel. The article seeks to clarify the significance of circumstantial evidence in establishing price-fixing agreements, which is essential for effective enforcement of competition law in Indonesia. Based on normative legal research, the article concludes that the use of circumstantial evidence in prosecuting price-fixing cartels can be justified under the existing Competition Act.
circumstantial evidence; competition law; parallel pricing; price-fixing cartels
Copyright (c) 2026 Hesty Diyah Lestari https://creativecommons.org/licenses/by-nc/4.0
CHILD MARRIAGE IN THE RECIPROCITY CULTURE OF THE SEA TRIBE COMMUNITY: LEGAL CONFLICTS AND VIOLATIONS OF EDUCATION AND HEALTH RIGHTS
The culture of “reciprocity” remains preserved and continues to serve as the foundation for the implementation of customary/Adat marriages among the indigenous Sea Tribe community in Lingga Regency. This study aims to strengthen cultural norms and regulatory frameworks, while also addressing the enforcement of such cultural practices. Employing an empirical legal approach, the study found that the practice of reciprocity conflicts with the prevailing national marriage law. Specifically, due to imbalances in social obligations, the Sea Tribe community often carries out child marriages based on custom without obtaining a court-issued marriage dispensation, as legally required. Furthermore, the Sea Tribe can no longer be classified as an Adat law community, as it no longer meets the criteria; instead, it should be regarded as a customary community that remains subject to national law. Drawing on Satjipto Rahardjo’s Theory of Legal Compliance, the study identifies three key factors contributing to the community’s non-compliance with marriage law: the lack of proper legal indoctrination, entrenched collective habits, and a limited understanding of the benefits of legal obedience. Consequently, the continued application of the reciprocity culture results in violations of children’s rights to health and education within the community. In light of Mochtar Kusumaatmadja’s Theory of Development Law, this study underscores the need for marriage law to more effectively govern the practices of the Sea Tribe community.
child marriage; health and education rights; reciprocity culture; sea tribe community
Copyright (c) 2025 Winsherly Tan, Henry Soelistyo Budi, Rina Shahriyani Shahrullah, Manashi Kalita https://creativecommons.org/licenses/by-nc/4.0
HYSTERECTOMY IN PREGNANT WOMEN WITH UTERINE CANCER: AN ANALYSIS UNDER INDONESIAN HEALTH LAW AND UNESCO BIOETHICAL PRINCIPLES
Uterine cancer is commonly treated through hysterectomy, the surgical removal of the uterus. This research examines the legality and bioethical implications of performing a hysterectomy on a pregnant uterine cancer patient, focusing on Indonesian health law and UNESCO Universal Declaration on Bioethics and Human Rights to evaluate whether conducting a hysterectomy on a pregnant uterine cancer patient aligns with Indonesia’s health laws and bioethical principles established by UNESCO. Findings indicate that Indonesian health law does not specifically regulate hysterectomies performed on pregnant uterine cancer patients. However, the law does address abortion in cases of medical emergencies, although Law No. 1 of 2023 lacks detailed criteria for what constitutes such emergencies. Under human rights law, the right to life is non-derogable, both the mother and the fetus (if legally recognized as a child) are entitled to this right. Nonetheless, based on the principles of bioethics, particularly autonomy, beneficence, and non-maleficence, the right to life of the pregnant woman may take precedence, provided she is fully informed, mentally competent, and voluntarily consents to the procedure. In light of these considerations, it is imperative for Indonesia to enact legislation that clearly governs hysterectomy procedures for pregnant cancer patients and to define medical emergencies and the legal status of the fetus more explicitly. Such legal clarity is essential to ensure the consistent protection and promotion of human rights within the Indonesian healthcare system.
health law; hysterectomy; UNESCO bioethical principles
Copyright (c) 2025 Wurianalya Maria Novenanty, R. A. Antari Innaka, Ari Hernawan https://creativecommons.org/licenses/by-nc/4.0
KONFLIK NORMA DALAM PEMBERIAN IZIN JANGKA WAKTU HAK ATAS TANAH WILAYAH IBU KOTA NUSANTARA
This study analyzes the normative conflicts surrounding the regulation of land rights duration in Indonesia’s Capital City and the legal implications of the land rights cycle in its development. The research focuses on the implementation of Presidential Regulation Number 75 of 2024 and Government Regulation Number 29 of 2024, which amends Government Regulation Number 12 of 2023. Employing a normative method, the study reveals that inconsistencies arise between the general principles of the Basic Agrarian Law (UUPA) and the more specific provisions applicable to the Capital City. The newly introduced government regulation substantially extends the durations for the Right to Cultivate (HGU), Right to Build (HGB), and Right to Use, departing from UUPA’s more restrictive agrarian policies. This discrepancy creates legal uncertainty for investors and land users, underlining the urgent need for regulatory harmonization to maintain legal coherence and stability. Moreover, the policy allowing land control for up to two cycles may lead to monopolization and exacerbate social inequality due to the prolonged periods of HGU and HGB. The regulation also broadens foreign investor access to land in the Capital City, potentially clashing with UUPA’s principles of social justice and national sovereignty. To safeguard public interest, prevent legal ambiguity, and ensure equitable land governance, it is essential to align these new regulations with the foundational values of the UUPA. The government must provide a clear and accurate interpretation of these provisions and enforce limitations on land ownership by individuals and legal entities to prevent misuse and protect national interests.
conflict of norms; indonesian capital city; land rights permits
Copyright (c) 2025 Muhammad Asrul Maulana, Sukardi, Radian Salman https://creativecommons.org/licenses/by-nc/4.0
PERSONAL DATA PROTECTION ON INTERNATIONAL DIGITAL TRADE: HARMONIZING STATE REGULATIONS THROUGH A COMMON STANDARD
The advancement of digital trade has brought considerable benefits, yet it also presents significant challenges, particularly in protecting users’ personal data. Digital trade platforms commonly require users to share personal information, raising concerns over data security and accountability. Current regulations governing personal data protection are primarily limited to national or regional legal systems, resulting in a lack of harmonization that impedes the seamless flow of international trade. This paper explores the pressing need for a standardized global framework for personal data protection within the digital trade landscape. Using a normative juridical approach, the study examines various regional legal regimes and assesses the relevance of international trade principles in addressing data protection issues. The analysis highlights the absence of a globally recognized standard for personal data protection in digital trade and finds that existing international instruments are inadequate for meeting current challenges. Given UNCITRAL’s role in shaping international trade law, the development of a new legal framework, such as a Model Law, should be pursued. As a form of soft law, a Model Law offers a practical and adaptable tool for harmonizing legal standards across jurisdictions. Its adoption would enhance legal certainty and ensure the protection of personal data in international digital trade transactions, thereby upholding the rights of all parties involved.
digital trade; model law; personal data protection
Copyright (c) 2025 Gita Venolita Valentina Gea, Jill Grezelda Wijaya, Olivia Clarissa, Aurelia Kimberley Clarance Witanto https://creativecommons.org/licenses/by-nc/4.0
TINJAUAN HUKUM PERDATA INTERNASIONAL ATAS PERKAWINAN PENGUNGSI ROHINGYA DI INDONESIA
This research explores the Private International Law (PIL) dimensions of marriages involving Rohingya refugees in Indonesia. As a transit country that has not ratified the 1951 Refugee Convention or its 1967 Protocol, Indonesia faces legal and administrative challenges in registering marriages of Rohingya refugees, either with Indonesian nationals or among themselves. Despite having the right to marry and establish families, as recognized by Article 16 of the Universal Declaration of Human Rights and Indonesia’s 1945 Constitution, they encounter significant barriers. Using a doctrinal approach, the study analyzes these issues through the lens of PIL principles and Indonesia’s existing legal framework, including the Marriage Law, Population Administration Law, Citizenship Law, Presidential Regulation Number 9 of 1975, and the 2023 Draft Bill on Indonesian PIL. The stateless status of Rohingya refugees complicates the registration of their marriages, often resulting in invalid or unregistered unions. The research focuses on determining the applicable law regarding the formal and material requirements for marriage in these cases and argues that adopting the lex loci celebrationis principle could provide a viable legal solution. It concludes by recommending the issuance of official recognition certificates for unregistered refugee marriages and the provision of citizenship for Rohingya individuals who marry Indonesian citizens, in order to uphold their fundamental human rights.
indonesia’s private international law; marriage law; rohingya refugees; statelessness
Copyright (c) 2025 Chelsea Raphael Rajagukguk, Tiurma Mangihut Pitta Allagan https://creativecommons.org/licenses/by-nc/4.0
PENETAPAN PENGAMPUAN UNTUK PENGURUSAN HARTA DAN PERALIHAN HAK ATAS TANAH OLEH HAKIM PENGADILAN AGAMA
This paper analyzes legal reasoning employed by the Religious Court in adjudicating guardianship cases concerning asset management and the transfer of land rights. The research adopts both normative and empirical methods by examining Religious Court regulations on guardianship and conducting interviews with representatives of TASPEN Corp., the Land Office, and Land Deed Officials. The findings show that in certain cases the Court rejected guardianship applications on the grounds that such matters did not fall within the absolute jurisdiction of the Religious Court. In these decisions, judges relied on grammatical interpretation and the argumentum a contrario method of legal reasoning. Conversely, in cases where guardianship was granted, judges based their decisions on Book II of the Supreme Court Guidelines, the principle of Islamic personality, and analogical reasoning, employing various methods of legal interpretation, including authentic, extensive, and systematic interpretation. The study further finds that Religious Court guardianship decisions have legal implications for salary and pension management at TASPEN Corp. However, such decisions do not affect the transfer of land rights unless the Court’s ruling expressly grants permission to the guardian to carry out the transfer.
assets management; guardianships; land rights transfer; legal reasoning; religious court
Copyright (c) 2026 Fikri Rahmananda, Destri Nugraheni https://creativecommons.org/licenses/by-nc/4.0
ASPEK HUKUM KEPAILITAN KOPERASI DI SEKTOR JASA KEUANGAN
The enactment of Law Number 4 of 2023 introduces a new category of cooperatives, namely Cooperatives in the Financial Services Sector. These cooperatives are permitted to receive funding exceeding 40 percent of their total assets from external parties while engaging in financial services activities. As a consequence, the Financial Services Authority (Otoritas Jasa Keuangan/OJK) is designated as the supervisory authority for such cooperatives. Accordingly, when Cooperatives in the Financial Services Sector experience financial distress resulting in default, their creditors may file bankruptcy petitions against them. However, such petitions cannot be submitted directly to the Commercial Court. Article 8B of Law Number 4 of 2023 requires that bankruptcy petitions be submitted first to the OJK for evaluation. Despite this requirement, there is currently an absence of detailed regulations governing the procedural mechanism for filing such petitions. This research employs a normative legal method using statutory and conceptual approaches. The study finds that creditors may submit bankruptcy petitions against cooperatives to the OJK, which is required to evaluate the petition within 45 days. If the cooperative is deemed unable to fulfill its debt obligations, the OJK will forward the petition to the Commercial Court for bankruptcy proceedings. Ultimately, the Government may dissolve the cooperative if its continued operation can no longer be reasonably expected due to insolvency.
cooperatives in the financial services sector; financial services authority; insolvency
Copyright (c) 2026 Wahyu Maylaffayza Nandine Firdausi, Kukuh Leksono Suminaring Aditya https://creativecommons.org/licenses/by-nc/4.0
DINAMIKA KOALISI POLITIK DI BALIK DEMOKRASI KEINDONESIAAN: OPOSISI MENJADI ANCAMAN?
In a democratic system, opposition plays a vital role in providing checks and ensuring that the government operates in alignment with the public interest. However, within the context of Indonesia, opposition is often viewed as a taboo, seen as conflicting with the values of Pancasila and the familial principles that define Indonesian society. This article explores the historical development of opposition in Indonesian democracy and the role of checks and balances within the framework of the trias politica, as part of the broader effort to advance democratization in Indonesia. Employing a socio-legal approach, the study examines Indonesian democracy from theoretical, historical, and practical perspectives. It concludes that the evolution of Indonesian democracy cannot be separated from the post-independence ideological debate between proponents of integralism and those advocating for social democracy. This debate ultimately gave rise to the concept of a “family state,” where the state acts as a father figure and the citizens as children. The Reformasi era marked a transitional phase toward democratization, introducing constitutional liberalism alongside the principles of checks and balances and the trias politica. However, these democratic instruments have not been effectively implemented. Indonesia remains entangled in political party cartelization, reinforced by a system of coalition presidentialism and supported by Constitutional Court decisions that emphasize strengthening the presidential system and simplifying the party structure. As a result, political parties in the legislature tend to focus more on positioning themselves for the next presidential election and securing roles within the governing coalition, rather than engaging in meaningful oversight of government actions.
checks and balances; coalition presidentialism; family democracy; integralistic state
Copyright (c) 2025 Christo Sumurung Tua Sagala https://creativecommons.org/licenses/by-nc/4.0
DAMPAK AKSESI ICCPR TERHADAP PENCEGAHAN PRAKTIK PEMBUNUHAN DI LUAR HUKUM DALAM PERSPEKTIF INDONESIA
Indonesia has made notable progress in institutionalizing human rights norms through the ratification and accession of various international treaties. Despite these advancements, violations of the right to life, particularly in the form of extrajudicial killings, continue to occur. This study investigates the extent to which Indonesia’s accession to the International Covenant on Civil and Political Rights (ICCPR) has influenced the protection of individuals from such violations. Employing a socio-legal approach, the research assesses institutional reforms following the ICCPR accession and analyzes specific cases, including the 2020 extrajudicial killings of Pastor Yeremia Zanambani and members of the Islamic Defenders Front (FPI). Findings reveal that, although legislative and policy reforms have been introduced to strengthen the right to life, their implementation remains inadequate. The persistence of extrajudicial killings is primarily attributed to the incomplete Security Sector Reform (RSK) process and the deeply rooted culture of impunity, which often results in lenient sentences or acquittals for alleged perpetrators. This study emphasizes the urgent need to advance the RSK agenda and address impunity through concerted efforts by key institutions, including the judiciary.
extrajudicial killings; human rights treaties; ICCPR; security sector reform
Copyright (c) 2025 Munif Ashri https://creativecommons.org/licenses/by-nc/4.0
PROSPEK EKOSIDA SEBAGAI PELANGGARAN BERAT HAK ASASI MANUSIA DI INDONESIA
Ecocide constitutes a major environmental crime driven by power dynamics and carries significant consequences for human life. In the Indonesian context, several environmental incidents, such as river pollution by palm oil industries, the Lapindo mudflow disaster, and gold mining operations in Intan Jaya, Papua, demonstrate the severe and direct impact of environmental harm on communities. This research explores whether such cases in Indonesia can be classified as ecocide and examines whether ecocide should be treated as a serious human rights violation or recognized as a distinct criminal offense. Utilizing a normative-empirical juridical approach, the study concludes that environmental crimes in Indonesia have the potential to be categorized as ecocide and, thus, may qualify as gross human rights violations. Accordingly, two possible regulatory paths are proposed: first, the urgency of ratifying the Rome Statute, should ecocide be included under its jurisdiction as a gross human rights violation; and second, the incorporation of ecocide into Indonesia’s Human Rights Court Law, acknowledging both the potential benefits and challenges of such a legal reform.
ecocide; environmental crimes; gross human rights violations
Copyright (c) 2025 Shannon Lorelei Wibowo, Niken Savitri https://creativecommons.org/licenses/by-nc/4.0
PELINDUNGAN HUKUM BAGI DOKTER SPESIALIS MATA DALAM PELAKSANAAN TELEMEDISIN DI INDONESIA
Indonesia, as a nation embracing the welfare state principle, seeks to guarantee equal access to health services through the utilization of telemedicine. The Ministry of Health has issued regulations aimed at maintaining the uniformity and reliability of digital healthcare services nationwide. Nevertheless, the implementation of telemedicine relies heavily on medical professionals, whose work must be supported by adequate legal protection. Using a doctrinal research method with an analytical approach, this study identifies significant shortcomings in the existing legal framework, particularly the absence of clear safeguards for ophthalmologists who may face potential legal liability arising from diagnostic inaccuracies related to patient imaging in telemedicine practices. The findings highlight the urgent need to establish a comprehensive legal framework that ensures the protection of medical professionals, especially ophthalmologists, while strengthening the sustainability and effectiveness of telemedicine delivery in Indonesia.
diagnostic accuracy; health services law; ophthalmology; telemedicine practice
Copyright (c) 2026 Debiana Dewi Sudradjat https://creativecommons.org/licenses/by-nc/4.0
MENGEKSPLORASI DOKTRIN STANDING DI PERADILAN ADMINISTRASI INDONESIA: TAFSIR DAN HASIL
The authority to bring a claim before Indonesia’s administrative courts originates from the phrase “feeling that his interests have been harmed” in Article 53(1) of the State Administrative Court Act. Because this clause is open‑textured, it must be interpreted to define its exact reach. Using doctrinal legal analysis of court rulings and scholarly commentary on standing, this study concludes that two categories of plaintiffs can sue: (1) individuals or private legal entities that suffer direct losses from government acts or decisions, and (2) qualifying organizations. For an individual or private entity to obtain standing, it must demonstrate (i) a recognizable interest, (ii) a legal connection to the disputed act or decision, and (iii) harm to that interest caused by the government’s unlawful conduct. Organizational standing is available to bodies that satisfy statutory requirements to appear in court and that litigate not for their own interests but for the public purpose they were created to serve. Standing may also be granted when the harm is merely potential, allowing the administrative court to act preventively before actual damage occurs.
administrative court; legal standing; right to sue
Copyright (c) 2025 A'an Efendi, Suwardi https://creativecommons.org/licenses/by-nc/4.0
ANALISIS SYARAT ADMINISTRATIF PROSES PEWARGANEGARAAN DI INDONESIA DALAM PERSPEKTIF PELAYANAN PUBLIK
Indonesia’s citizenship system offers three distinct pathways for applicants, each with unique administrative processes. These variations impact the agencies involved, the associated costs, and the implementation of citizenship procedures. This research aims to examine the differences in administrative requirements within Indonesia’s citizenship framework from a public policy perspective, as outlined in Law Number 25 of 2009 concerning Public Services. The analysis employs a juridical-normative approach to explain the administrative prerequisites for obtaining Indonesian citizenship. The findings highlight the need for transformative measures under Law Number 12 of 2006 concerning Citizenship, particularly by enhancing coordination among ministries and agencies to deliver more effective and efficient citizenship services.
citizenship; naturalization; public services
Copyright (c) 2024 Virga Dwi Efendi, Muhammad Fathur Rizqi https://creativecommons.org/licenses/by-nc/4.0
ALGORITMA DALAM PRAKTIK PENEMUAN HUKUM MODERN
A defining characteristic of modern society is its reliance on general rules and regulations that derive legitimacy from scientific methods and findings, instead of customs or tradition. These rules are not typically enacted by individuals such as kings or priests with divine or prescriptive authority but are instead guided by rational and impersonal principles developed by "experts." Consequently, the modernization of law has involved leveraging scientific and technological advancements, such as the use of algorithms, to develop and improve legal systems. The evolution of legal systems is closely linked to the lawmaking process, often shaped by various legal professionals, particularly judges. This research explores the application of computational algorithms in the lawmaking process, focusing on their accountability and practical implementation. Additionally, it investigates whether legal decisions produced by algorithms can be rationally accepted as embodying "justice" when applied in judicial verdicts. This study employs a normative legal research methodology with an interdisciplinary doctrinal approach to address these questions.
algorithm; modernization of law; rechtsvinding
Copyright (c) 2024 Rasamala Aritonang https://creativecommons.org/licenses/by-nc/4.0
PENDEKATAN FAVOR DEFENSIONIS DALAM MEREALISASIKAN HAK TERDAKWA UNTUK MENGHADIRKAN SAKSI ATAU AHLI
According to Article 66 of the Indonesian Criminal Procedure Code, public prosecutors are authorized to summon witnesses or experts to strengthen their case against a defendant. In contrast, the defendant is under no obligation to do the same but retains the right to present witnesses or experts in their defense (Article 65). However, challenges arise when defendants must summon witnesses without the backing of pro justitia status, complicating the legitimacy of such summonses. Employing a normative legal approach, it analyzes relevant laws, doctrines, norms, and practices to address the legal inadequacies surrounding the defendant’s right to present exculpatory witnesses or experts, utilizing the Favor Defensionis (FD) doctrine to address these challenges. Key findings include the following: 1) witnesses and experts play a vital role in ensuring verdicts are based on substantive truth, thereby affirming the defendant’s right to present a defense in line with equality of arms and due process principle; 2) ambiguities regarding the pro justitia legitimacy of defendants’ summonses create hesitation among witnesses or experts, impacting their willingness to appear in court; and 3) the FD doctrine supports legal interpretations that favor the defendant to maintain judicial balance. Under this doctrine, public prosecutors should summon witnesses or experts at the request of the defendant or the judge, with judges authorized to order such actions. This approach enables judges’ active judicial participation while preserving defendant’s right to independently call witnesses or experts to support their defense.
equality of arms; favor defensionis; right to a fair trial; right to present a defense
Copyright (c) 2024 Erwin Susilo, Muhammad Rafi https://creativecommons.org/licenses/by-nc/4.0
IMPLEMENTATION OF THE MONTREAL CONVENTION IN INDONESIA’S AND AUSTRALIA’S AIR TRANSPORT LAWS ON CARRIER’S LIABILITY
The Montreal Convention of 1999 establishes the legal responsibilities of carriers on international flights and has been ratified by numerous countries, including Indonesia and Australia. However, unlike Australia, Indonesia has yet to update its laws and regulations to align with the Convention’s provisions on carrier liability. This legislative gap may result in significant losses for air transportation service users who experience damages from aircraft accidents. This research examines the extent to which the liability provisions of the Montreal Convention have been incorporated into the national legal frameworks of Indonesia and Australia. The analysis employs three methodological approaches: statutory analysis, conceptual examination, and comparative study. The findings highlight the need for Indonesia to amend its regulations on carriers’ limited liability to comply with the standards set by the Montreal Convention, considering Australia’s best practices in its legal framework.
air transport law; carrier’s liability; montreal convention
Copyright (c) 2024 Hilda Yunita Sabrie https://creativecommons.org/licenses/by-nc/4.0
OTORITAS AHLI WARIS DENGAN MASALAH KEJIWAAN TERHADAP HARTA WARISAN DALAM PERSPEKTIF HUKUM ISLAM
This study examines the obligations and authority of heirs with psychiatric conditions in managing their inheritance from the perspective of Islamic inheritance law. It addresses the issue of heirs with psychiatric problems, who are often assumed capable of fulfilling their obligations and managing their inheritance. Such heirs are frequently equated with children or individuals with severe mental illness, who typically rely on family assistance. The study explores two main legal issues: (1) the applicability of heirs' obligations under the Compilation of Islamic Laws (KHI) to those with psychiatric conditions, and (2) their authority to manage their inherited property under Islamic inheritance principles. Using socio-legal research methods—including statutory, conceptual, and comparative approaches—the study finds that heirs with psychiatric conditions can bear obligations under KHI as they are considered ahliyah al-ada (legally capable). Their obligations primarily pertain to the transfer of inheritance, which they can perform. Regarding the management of their inheritance, such authority is granted if they can make rational decisions, particularly in cases of episodic or relapsing psychiatric disorders with non-continuous symptoms. However, in cases of permanent, continuous, and incurable mental disorders, these heirs are placed under the oversight of a supported decision-making system.
ahliyah al-ada; legal capability; psychiatric problems; supported decision-making system
Copyright (c) 2024 Dewi Sukma Kristianti, Aqqhila Felia Putri https://creativecommons.org/licenses/by-nc/4.0
REACHING SDG TARGET 14.4 BY ESTABLISHING PROVISIONAL ARRANGEMENTS FOR LAW ENFORCEMENT OPERATION
The research article argues that establishing provisional arrangements for law enforcement operations in overlapping maritime claims areas could be a viable option for claimant states to suppress illegal, unreported, and unregulated fishing (IUUF), which hinders progress toward achieving Sustainable Development Goal (SDG) Target 14.4. This target emphasizes sustainable fishing practices, marine life protection, and effective fish population management, aiming to prevent overfishing, reduce harmful fishing techniques, and ensure the sustainability of fish stocks. Under the 1982 UN Convention on the Law of the Sea, provisional arrangements for law enforcement operations can provide a practical framework for claimant states to conduct joint efforts, pending and without prejudice to the final resolution of overlapping maritime claims. To substantiate this argument, the article employs a juridical normative legal research method to: analyze the connection between SDG Target 14.4 and IUUF, which may impede progress toward the goal; examine the challenges of enforcing laws in overlapping maritime claims areas, including the factors contributing to IUUF in such contexts; and assess the potential impact of provisional arrangements for law enforcement on suppressing IUUF and advancing the achievement of SDG Target 14.4. The study highlights that these arrangements could serve as a collaborative interim solution, promoting sustainable development and marine ecosystem conservation while territorial disputes remain unresolved.
law enforcement; overlapping maritime claim; provisional arrangement; sustainable development goals
Copyright (c) 2024 Adrianus Adityo Vito Ramon https://creativecommons.org/licenses/by-nc/4.0
KEBIJAKAN FORMULATIF TINDAK PIDANA DI BIDANG PERLINDUNGAN MANGROVE BERBASIS KONSERVASI EKOSISTEM PESISIR
Indonesia boasts extensive mangrove forests spanning over three million hectares, yet these are steadily declining due to harmful activities such as deforestation and land degradation. As a shoreside ecosystem, mangroves in seaside zones are also threatened by destructive management practices in coastal areas and on islands. This research analyzes Indonesia’s current criminal (formulative) policy regarding offences against mangrove conservation as part of offshore ecosystems and proposes a sustainable, approach-based formulative policy to promote mangrove sustainability in Indonesia’s coastal zones. This is doctrinal legal research, wherein the proposed legal issues are analyzed using both statutory and conceptual approaches. The findings indicate that the formulative policy regarding offences against mangrove conservation, specifically Article 73 paragraph (1) letter b and paragraph (2) of Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 on Management of Coastal Areas and Small Islands, does not align with the sustainability principle that underpins coastal ecosystem conservation, including mangroves. The study highlights the need to amend the policy by explicitly incorporating corporate criminal liability and reconstructing the sentencing framework based on restorative justice and deterrence theory. These changes aim to strengthen criminal law as a last resort (‘ultimum remedium’) for protecting mangrove sustainability and conserving coastal ecosystems.
coastal conservation; formulative policy; mangroves; sentencing theory
Copyright (c) 2024 Ayu Izza Elvany https://creativecommons.org/licenses/by-nc/4.0
GOOD FAITH AS LEGAL BENCHMARK FOR THE ALLOCATION OF LOSSES BY MUTUAL COMPANY
Allocation of losses is a special scheme that can only be applied to mutual companies, legal entities that position policyholders as both insured parties and owners. The problem with the allocation of losses arises because, in its determination, policyholders are required to fulfill mutual obligations in the fiduciary realm as owners. On the other hand, the allocation of losses has implications for reducing the policyholder’s right to receive claims as agreed. This paper is a legal research study employing a statutory approach and a conceptual approach. The results of this study indicate that, for the allocation of losses to have legitimacy, it must align with fiduciary principles and be fair based on the terms of insurance agreements. The legal findings suggest that the principle of utmost good faith should be expanded in mutual companies to serve as an instrument of checks and balances by policyholders over management and aspects related to the fulfillment of agreements.
allocation of losses; fiduciary obligation; good faith; mutual company
Copyright (c) 2024 Danu Kristian Ira Widodo https://creativecommons.org/licenses/by-nc/4.0
KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA
Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.
commercial court; judicial authority; objection law remedies
Copyright (c) 2024 Asep Iwan https://creativecommons.org/licenses/by-nc/4.0
CONSTITUTIONAL ADMINISTRATIVE CONSTITUTIONALISM: PERBANDINGAN KARAKTERISTIK KEKUASAAN LEGISLASI PRESIDEN DI INDONESIA DENGAN AMERIKA SERIKAT
Recent studies conducted by American legal historians show that constitutional interpretation in the United States (U.S.) often arises from administrative agencies, a phenomenon called administrative constitutionalism. This supports the executive branch’s constitutional interpretation power, independent from the court. Similarly, Indonesia’s Constitution grants the President legislative power. By comparing this with U.S. administrative constitutionalism, this article, written descriptively through normative approach, examines the Indonesian President’s legislative power, termed constitutional administrative constitutionalism. The findings highlight three characteristics: (1) the U.S. dichotomy between president and administration does not apply in Indonesia, (2) Indonesia’s checks and balances occur during the debates in legislation drafting phase, unlike the post-enactment review in the U.S., and (3) Indonesia’s system operates under judicial supremacy, unlike the contesting judicial supremacy-departmentalism-popular constitutionalism in the U.S.
administrative constitutionalism; executive branch; indonesia’s presidential legislative power
Copyright (c) 2024 Hadyan Iman Prasetya https://creativecommons.org/licenses/by-nc/4.0