Jurnal Daulat Hukum/ JDH (ISSN: 2614-560X and Start from March 2024 Accredited by Sinta 3) is a Scientific Law Journal published by Master of Law Program (S2), Faculty of Law, Sultan Agung Islamic University (Unissula). JDH started from volume 1 in 2018 published four times a year in March, June, September and December. Jurnal Daulat Hukum is a journal which examines contemporary legal issues both in terms of the philosophical, theoretical, and the implementation of the law. We accept manuscripts of research results and ideas, reviews, theory / concept / methodology and other scientific work in the field of law. The text entry criteria is a script that has never been published in any other media. And the goal of JDH is to develop and improve the Law Knowledge and Legal Studies. Please do not hesitate to contact us if you have any further questions. E-mail: jdh@unissula.ac.id
Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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Legal Review of Marriages based on Religious Beliefs Not Recognized by The State in Indonesia
This study examines the implementation of marriage recognition for followers of indigenous religions, including those formally recognised by the State and those not recognised, and the legal consequences in certain situations. In Indonesia, interfaith marriages are often considered valid under their respective traditions and beliefs. Still, they are not officially recognised by the State, as Marriage Law Number 1 of 1974 recognised only six religions. This difference has led to various legal issues, including uncertainty about the couple’s marital status and their children, loss of inheritance rights, and obstacles to using public facilities and administrative processes. This study employs a normative legal approach, with a specific focus on the Constitutional Court’s decisions. The results of marriages show that legal recognition of marriages between members of indigenous religions remains limited and does not guarantee legal equality. According to the analysis, amending the Marriage Law and Population Administration Law to promote greater inclusivity regarding customary belief systems is a viable solution. The novelty of this research lies in the conflict between Article 2 paragraph (1) of the Marriage Law and Constitutional Court Decision Number: 146/PUU-XXII/2024, which states that believers are entitled to administrative recognition if their teachings and worship practices are deemed similar or closest to one of the religions recognised by the State. Thus, legal equality cannot be achieved through court decisions in a civil law system.
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The Legal Protection for Digital Consumers in Game Diamond Purchase Transactions Online Mobile Legends
The development of digital technology is changing patterns of human interaction and transactions, including when purchasing virtual items like diamonds in the online game Mobile Legends. Digital agreements in these transactions require legal certainty in accordance with Article 1320 of the Civil Code and the Electronic Information and Transactions Law, especially if carried out by minors and/or through unofficial sellers. This study aims to examine the regulation of digital agreements between users and Mobile Legends game service providers in diamond purchase transactions, as well as to review legal protection for consumers (users), especially minors, who make diamond purchase transactions in Mobile Legends based on the Government to Business (G2B) Theory. The author uses a normative juridical research method with a statutory approach and a case approach related to illegal transactions in Langkat Regency. The research results show that transactions conducted outside official platforms do not meet the requirements of a valid electronic agreement and remove consumer protection rights as regulated in the UUPK and Government Regulation No. 80 of 2019. In conclusion, legal protection for digital consumers in purchasing game diamonds is still relatively weak. The government has not fully carried out its supervisory functions according to the G2B concept. To make the digital transaction ecosystem safer, fairer, and more accountable, stronger regulations, strict age verification systems, and firm sanctions for illegal business actors are needed.
The Urgency of Establishing Regulations on the Implementation of Automatic Features as a Mitigation Measure Against the Distribution of Feature Films on the TikTok Platform
This study aims to analyze the urgency of establishing regulations that require digital platforms, particularly TikTok, to implement automatic features as a mitigation effort against the illegal distribution of feature films. The background of this research is based on the phenomenon of increasing copyright infringements in the digital space due to the ease of access, distribution, and replication of content through user-generated content-based social media. This condition indicates a normative gap in Indonesia’s legal system, which has not explicitly regulated the preventive responsibilities of electronic system providers concerning intellectual property rights violations. The main issues examined include the existing legal regulations in Indonesia regarding the obligation to provide copyright infringement detection features, as well as the juridical basis for the necessity of establishing specific regulations under the Ministry of Communication and Digital Affairs. This study employs a normative juridical method with a statute approach and a literature review of legislation and Constitutional Court decisions. The findings show that existing regulations, such as the Copyright Law and Ministerial Regulations, remain reactive and have not yet regulated preventive obligations or mitigation measures for digital platforms. In conclusion, the establishment of technical regulations through a Ministerial Regulation is a juridical necessity to strengthen legal certainty and the effectiveness of copyright protection in the digital sphere. This research recommends that national policy stipulate minimum technical standards for implementing automatic detection systems on digital platforms, particularly TikTok.
The Validity of Notarial Authentic Deeds Prepared Through Service Bureaus in the Perspective of the Notary Code of Ethics
This study aims to analyze the validity of notarial authentic deeds prepared through cooperation with service bureaus and to examine violations of the Notary Code of Ethics within such practices. This collaborative phenomenon raises legal and ethical issues, as it potentially disregards the formal requirements for deed formation as stipulated in Article 15 and Article 16 paragraph (1)(m) of Law No. 2 of 2014 concerning the Office of the Notary (UUJN), as well as Article 1868 of the Indonesian Civil Code. This research employs a normative juridical method with statutory, conceptual, and case approaches, and examines practices in the Central Jakarta area as an illustration of the application of these norms. The findings indicate that deeds drafted through service bureaus lose their authenticity and possess only the evidentiary value of private deeds. From an ethical perspective, such cooperation violates Article 4(g) of the Notary Code of Ethics, which prohibits the use of intermediaries to obtain clients.
Binding Force of Non-Disclosure Agreement as Means of Trade Secret Protection in Decision No. 832/Pdt.G/2023/PN.Jkt.Brt
This research is entitled “Binding Force of Non-Disclosure Agreement as Means of Trade Secret Protection in Decision No. 832/Pdt.G/2023/PN.Jkt.Brt” The object of this study is the regulation and implementation of NDAs within the framework of Indonesia’s positive legal system. The purpose of this research is to explain the form of overlap between civil law and intellectual property law, which results in weak legal certainty in the protection of trade secrets. The research method applied is normative juridical research with a statutory and case study approach, focusing on Decision No. 832/Pdt.G/2023/PN.Jkt.Brt. The results show that NDAs are legally recognized as innominate agreements under Article 1338 of the Indonesian Civil Code. However, their application in the context of trade secret protection remains ineffective due to differences in legal regimes and institutional arrangements under Law No. 30 of 2000. The case analysis demonstrates that the court still interprets NDA violations narrowly as contractual breaches rather than as infringements of intellectual property rights. This condition reflects that the function of NDAs as instruments for trade secret protection has not yet been fully optimized. The findings of this research illustrate the need to strengthen the synergy between civil law and intellectual property law in the practice of trade secret protection in Indonesia.
Legal Analysis of Intellectual Property Rights Protection in Musical Works Produced Through Artificial Intelligence: A Case Study of Suno AI Platform Implementation
The rapid development of Artificial Intelligence (AI) technology has significantly transformed the fields of art and creative industries, particularly in musical creation. One of the most notable AI platforms capable of automatically generating music is Suno AI, which raises legal debates regarding its legal status and copyright protection for AI-generated works. This study aims to analyze the legal standing of Suno AI as a creator and examine the legal responsibilities related to musical works produced through artificial intelligence within the framework of Intellectual Property Rights (IPR). The research employs a normative juridical method with a statutory and conceptual approach, using data derived from legislation, legal literature, and relevant national and international case studies. The findings indicate that Suno AI cannot be recognized as a legal subject or creator, as it lacks consciousness and legal personality as required by Article 1 paragraph (2) jo. Article 31 of Law No. 28 of 2014 concerning Copyright. Therefore, AI functions merely as a technological tool, while legal rights and responsibilities rest entirely on humans, namely developers or users who control the system. In cases of copyright infringement, as stipulated in Articles 34 and 112 of the Copyright Law, human operators of the AI system bear legal responsibility, not the AI itself. Cases such as the lawsuit against Suno AI and Udio AI in the United States, as well as instances of AI-based music fraud in Indonesia, highlight the urgent need for adaptive and comprehensive legal regulations. This study concludes that Indonesia must establish a comprehensive legal framework on AI-generated creations to ensure legal certainty, protect the moral and economic rights of human creators, and promote the ethical and responsible use of AI technology in the music industry.
Judicial Reasoning in Appellate Sentencing for Major Corruption Cases
This study aimed to examine the judicial reasoning behind the enhancement of an appellate sentence in a major corruption case in Indonesia and to assess whether the judges’ considerations aligned with the principles of due process of law, proportionality, and legal certainty. The research method used was a normative juridical approach employing statutory, case, and comparative analyses. Data were obtained through library research involving primary legal materials, secondary literature, and tertiary references, and were analyzed qualitatively through a descriptive-analytical technique. The novelty in this research lies in its focused examination of appellate judges’ authority to impose heavier sentences in corruption cases, particularly by identifying the juridical foundation used to justify sentence enhancement and by evaluating its coherence with fundamental principles of criminal procedure. Unlike previous studies that primarily discuss corruption sentencing disparities or political influences on judicial decisions, this research provides a detailed analysis of how appellate judicial reasoning functions as a mechanism to uphold substantive justice. Based on the research, it was concluded that the appellate judges grounded their decision on legally valid evidence and carefully weighed both aggravating and mitigating factors, including the scale of state losses, societal impact, and the defendant’s cooperative conduct. The enhanced sentence was consistent with proportionality, due process, and legal certainty, and represents an important precedent for strengthening judicial integrity and advancing reform within Indonesia’s criminal justice system.
The Dilemma of Restorative Justice as Impunity for Perpetrators of Sexual Violence Against Children
The increasing application of restorative justice in handling cases of child sexual violence in Indonesia has sparked controversy due to its potential to create impunity for perpetrators and neglect victims’ rights. This study aims to analyze the dilemma of restorative justice as a form of impunity in child sexual violence cases and to propose an ideal model that ensures the fulfillment of victims’ rights and the realization of substantive justice. The research employs a normative legal method using statutory and conceptual approaches. Primary and secondary legal materials are examined through qualitative analysis to identify inconsistencies between regulatory norms and practical implementation. The findings reveal that although restorative justice aims to restore victims and rehabilitate offenders, its misapplication especially when diversion is carried out without sufficient attention to the victim’s recovery may result in impunity and re-victimization. Furthermore, the lack of understanding among law enforcement officials, inadequate monitoring mechanisms, and social pressure contribute to ineffective victim protection. The study proposes a victim-centered restorative justice model that emphasizes comprehensive victim recovery, offender accountability, and active community participation supported by trained facilitators and strict supervision. The novelty of this research lies in offering a structured model for implementing restorative justice that balances victims’ and offenders’ rights, thereby ensuring substantive justice and preventing impunity in cases of child sexual violence.
Criminal Act of Attack on Honor Following the Constitutional Court Decision No. 105/PUU-XXII/2024: Human Rights Perspective
The criminal act of attack on honor under Article 27A of Law No. 1 of 2024, following Constitutional Court Decision Number 105/PUU-XXII/2024, reflects Indonesia’s ongoing effort to balance the protection of individual dignity with the constitutional guarantee of freedom of expression. This study aims to analyze the human rights implications of the Constitutional Court’s ruling, which clarifies the interpretation of the phrases “other person” and “a matter” in Article 27A. Employing a normative legal research method and a qualitative descriptive approach, the study examines statutory provisions and the Court’s reasoning through the principles of legality, necessity, and proportionality as articulated in international human rights standards. The findings indicate that the Court’s conditional interpretation—restricting “other person” to natural persons and defining “a matter” as “an act that demeans the honor or reputation of an individual”—constitutes a significant normative improvement toward legal certainty. However, law enforcement practice continues to reveal the potential for this article to be misused to silence criticism of public officials, generating a persistent tension between normative ideals and implementation realities. This research’s novelty lies in providing the first human rights–based analysis of Article 27A following the Constitutional Court’s ruling, offering a new framework for evaluating the proportionality of criminal restrictions on freedom of expression in Indonesia’s digital democratic era.
Legal Standing of Employees as Individual Creditors in Filing for Bankruptcy of State-Owned Enterprises
This study aims to analyze the legal standing of employees as individual creditors in filing for bankruptcy against State-Owned Enterprises (SOEs), with a focus on the case study of PT Merpati Nusantara Airlines (Persero) as stated in Cassation Decision Number 447 K/Pdt.Sus-Pailit/2016. This study was motivated by legal uncertainty regarding the rights of employees to file for bankruptcy against SOEs, even though they normatively meet the bankruptcy requirements as stipulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU. The research method used was normative juridical with a legislative approach, case approach, and conceptual approach. Data was obtained through literature study and analyzed qualitatively deductively to examine the conformity of the judge's considerations with the provisions of Law Number 19 of 2003 concerning SOEs, Law Number 6 of 2023 concerning Job Creation, as well as the principles of justice and legal certainty. The results of the study show that the judge's considerations in rejecting the bankruptcy petition by employees are not fully in line with the provisions of the legislation, because PT Merpati has the status of a state-owned enterprise that is subject to private law and should be able to be declared bankrupt by creditors, including employees. However, the judge interpreted that Merpati's status as a state-owned enterprise with a public function prevented the bankruptcy process, which ultimately weakened the protection of workers' rights. The novelty of this research lies in emphasizing the importance of separating the public and commercial functions of SOEs and the need for consistent interpretation guidelines for judges in order to create substantive justice and legal certainty in future SOE bankruptcy cases.
The Constitutional Court Law Reconstruction of Indonesia: The Rights & Obligations of Lawmakers in Judicial Review
This study discusses the reconstruction of the Constitutional Court Law of the Republic of Indonesia, particularly regarding the rights and obligations of the law-making institutions in the judicial review process. The main focus of this study is on the need to reformulate the norms in Article 54 of Law Number 24 of 2003, which is currently optional, to be imperative, so that the law-making institutions (the House of Representatives and the President) have a legal obligation to be present and provide information in the process of reviewing laws at the Constitutional Court. This research uses a normative juridical method with a legislative, conceptual, historical, and philosophical approach. The results of the study show that the absence of explicit regulations has weakened the principle of legislative accountability in the Indonesian constitutional law system. The proposed reformulation, in the form of the addition of Article 54A to the Constitutional Court Law, aims to strengthen the principles of checks and balances, audi et alteram partem, and due process of law in constitutional adjudication. Thus, this study provides theoretical and practical contributions to strengthening the accountability of law-making institutions and the effectiveness of judicial review in Indonesia.
Legal Status of Joint Property that Remains Subject to Security Interests After Divorce
Marriage not only creates legal bonds between husband and wife, but also has legal consequences for property, in this case joint property. In practice, joint property is often used as collateral to obtain credit from financial institutions. When a divorce occurs while the property is still pledged to a third party, legal issues arise regarding the status of joint property and responsibility for debt repayment after divorce. This study aims to determine the legal status of joint property that is still used as collateral after divorce and the responsibility for debt repayment on the collateral. The researcher applied and utilized a normative juridical method with an approach that focused on legislation and was supported by interviews with the Junior Clerk of the East Jakarta Religious Court as supporting data in the study. The results of the study show that the legal status of joint property that is still collateralized remains as joint property after divorce, but the distribution cannot be carried out before the obligations to third parties are settled because it is still bound by collateral rights. This is because collateral has the characteristics of droit de suite and the provisions of SEMA 2018. The responsibility for paying off debts is a joint obligation of the former husband and wife. If there is a refusal or even inability to pay, the settlement is carried out through an auction by the creditor, while the remaining proceeds from the auction after the debt has been paid off become part of the joint property, which will then be distributed in accordance with applicable legal provisions.
Analysis of Formal Errors in Visum et Repertum and Their Legal Consequences on the Evidential Value in Criminal Cases of Assault (Study of Decision No. 309/Pid.B/2024/PN. BJM)
The criminal act of assault is a prevalent offense in society and is regulated under Articles 351 to 354 of the Criminal Code (KUHP). In the evidentiary process of assault cases, the Visum et Repertum (VER) serves a critical role as both documentary evidence and expert testimony, as specified in Articles 133 and 184 of the Indonesian Criminal Procedure Code (KUHAP). However, the admissibility of VER requires compliance with both formal and substantive standards in accordance with medical and legal norms. This study examines formal defects in VER and their legal implications for evidentiary value, using Case Decision No. 309/Pid.B/2024/PN BJM as a case study. The findings reveal that the VER was issued based on a Visum Request Letter (SPV) signed by an unauthorized investigator, and its contents failed to meet the requirements of the Indonesian Medical Competency Standards (SKDI). Despite these deficiencies, the court relied on the VER as the basis for conviction, even though the case lacked two valid pieces of evidence and no witness directly observed the alleged crime. This research concludes that formal defects in VER can undermine the principles of legality and legal certainty, and may violate the defendant's fundamental rights.
Analysis of the Legal Liability of Bankrupt Developers as a Form of Fulfilling Consumer Rights in Apartment Unit Sale and Purchase Disputes (Case Study of Decision No. 4716 K/Pdt/2023)
The increasing demand for vertical housing amidst limited urban land has driven the rise of apartment developments with a pre-sale system, but this model often leads to default issues by developers. The case between PT Multi Karya Utama Abadi (MKUA) and Nina Herlina in the Bandung Technoplex Living (BTL) project shows that consumers have made full payments but have not received the handover of the unit, while the developer is experiencing financial difficulties, making it difficult to implement the legally binding decision. This study aims to analyze the judge's ratio decidendi in Decision Number 4716 K/Pdt/2023 based on Article 1239 of the Civil Code and examine the form of legal responsibility of developers through the Suspension of Debt Payment Obligations (PKPU) mechanism. The study uses normative legal methods with a statutory approach, a conceptual approach, and a case approach through an analysis of related decisions at the first, appeal, and cassation levels. The results show that the judge stated that the developer had broken his promise and was obliged to compensate for losses, but settlement could not be carried out partially because the default issue was related to the company's financial failure. Therefore, PKPU is a relevant mechanism to ensure the fulfillment of consumer rights through debt restructuring that involves all creditors proportionally, thus functioning as a dual instrument for business rescue and legal protection for consumers.
Legal Protection for Informal Workers in Indonesia
The Indonesian Constitution, as well as the highest legal basis, the 1945 Constitution, contains the rights of every citizen. These include the right to obtain decent work and legal protection, as stated in Article 27 paragraph (2) and Article 28D paragraph (1) and paragraph (2). The current Employment Law, as the legal basis for employment in Indonesia, still limits worker qualifications only based on work agreements as regulated by the Employment Law. In fact, the workforce population in Indonesia is currently dominated by informal workers, which has an impact on informal workers who are still far from access to legal protection due to the current legal instruments that limit worker categories. This study examines legal protection for informal workers in Indonesia. This study is a normative legal study, examining legal norms using theories including the legal protection theory put forward by Satipdjo Rahardjo. The results of the analysis indicate a legal vacuum in the protection of informal workers, so that changes are needed in the legal system and policies to create special regulations that can explain the rights and obligations of informal workers, as well as provide a clear legal status
Legal Protection of Consumer in the Circulation of Food Products Containing Hazardous Ingredients
This research aims to analyze the form of legal protection for consumer rights in the circulation of hazardous food products, using the case study of sodium dehydroacetate preservative use in Roti Okko products manufactured by PT Abadi Rasa Food. The entry of food products containing prohibited chemical substances has become a serious concern because it poses potential threats to public health and directly violates consumers’ rights to safety and security as stipulated in Article 4 of Law No. 8 of 1999 concerning Consumer Protection. This study employs a normative juridical method by examining relevant legislation, legal doctrines, literature, and official BPOM (Indonesian Food and Drug Authority) documents as primary data sources. The findings reveal that national regulations such as Law No. 18 of 2012 on Food, Law No. 36 of 2009 on Health, BPOM Regulation No. 22 of 2013, and Government Regulation No. 28 of 2004 provide a solid legal foundation for ensuring food safety, including the prohibition of hazardous food additives. However, recurring violations indicate weak enforcement and low compliance among business actors. The study also finds that BPOM holds the authority to withdraw products, revoke distribution licenses, and impose administrative sanctions. Therefore, the research concludes that the implementation of legal protection for consumers has not yet been optimal due to gaps in supervision mechanisms and the low awareness of business actors regarding food safety standards. The study recommends strengthening regulatory oversight, enhancing inter-agency coordination, and promoting continuous education for both business actors and consumers to achieve effective legal protection against the circulation of hazardous food products in Indonesia.
Review of the Minister of Manpower's Circular Letter Number M/5/HK.04.00/V/2025 in Providing Legal Justice for Workers
The practice of withholding diplomas often leads to injustice and inequality in workers' positions because diplomas are personal documents that serve as symbols of academic achievement as well as tools for obtaining employment. Therefore, the government issued Circular Letter of the Minister of Manpower Number M/5/HK.04.00/V/2025 as a form of protection for workers from abuse of authority by employers. This study aims to examine the extent to which this circular letter is able to provide legal justice and certainty in the implementation of industrial relations. The method used is normative legal research with a qualitative approach, through a review of laws and regulations, doctrines, and related legal literature. The results of the analysis indicate that this circular serves as an ethical and administrative guideline that strengthens the position of workers, but does not yet have binding legal force because it is not included in the hierarchy of laws and regulations. Therefore, the establishment of stricter regulations at the statutory level is needed to ensure balanced protection between workers and employers. This research is expected to contribute to the reform of labor law so that the principle of substantive justice between workers and employers can be realized
Protection of Musical Work Copyright on Digital Platforms: A Comparative Study of Indonesian and United States Law
The development of digital technology has changed the way people produce, distribute, and use musical works. However, this progress has also increased the potential for copyright infringement, especially on User-Generated Content (UGC) platforms such as YouTube, TikTok, and Instagram. In this context, Law No. 28 of 2014 on Copyright protects the moral and economic rights of creators, but it lacks the technical rules required to address violations in the digital environment. The absence of a notice-and-takedown mechanism, safe harbor provisions, and an obligation to use automated detection technology indicates that Indonesia’s legal framework remains inadequate to address large-scale infringements. In contrast, the United States, through the DMCA 1998, provides detailed regulation of notice-and-takedown procedures, safe harbor requirements, and platform obligations in dealing with repeat infringers. Through a normative, juridical, and comparative legal approach, this study analyzed differences between the Indonesian and U.S. systems and identified gaps that weakened copyright enforcement in Indonesia. The findings show that Indonesia requires more specific technical regulations to support adequate protection on digital platforms. Therefore, this research proposes an ideal protection model comprising four integrated components: clear, binding technical regulations, automated detection technology, a centralized copyright database, and a fair monetization mechanism. The integration of these elements is expected to strengthen copyright enforcement, enhance legal certainty, and support a more accountable and sustainable digital ecosystem.
Compliance of Public Fuel Filling Stations (SPBU) with Fuel Pump Accuracy in Consumer Protection Efforts
The accuracy of fuel pumps at public fuel filling stations (SPBU) is an essential factor in ensuring fair transactions and consumer protection. This study aims to analyze the level of compliance of SPBUs with fuel pump accuracy standards and examine the role of the Ministry of Trade in monitoring potential measurement discrepancies. The research method used is a normative juridical approach supported by empirical data from several cases of measurement manipulation, such as the installation of printed circuit boards (PCBs) in Sukabumi, measurement reduction in Serdang Bedagai, and the use of remote control devices in Bogor. The study’s results show that gas station compliance remains partial. Formally, some gas stations have carried out calibration and recalibration. However, substantively, there are still practices of manipulation that violate Law Number 2 of 1981 concerning Legal Metrology and Law Number 8 of 1999 concerning Consumer Protection. The Ministry of Trade conducts supervision through calibration/recalibration, field inspections, and the enforcement of sanctions, supported by internal oversight from Pertamina, a state-owned enterprise. However, the effectiveness of supervision is still hampered by limited resources, the development of technical manipulation methods, and low legal awareness among business actors. This study emphasizes the need for intensive, multi-layered supervision, the digitization of metrology, and strict law enforcement to ensure accurate fuel measurements and optimal consumer protection.
Legal Protection for The Owner of Warung Makan Ibu Gambreng Trademark: A Study of Supreme Court Decision No. 988 K/Pdt.Sus-HKI/2024
This study meticulously analyzes the legal protection afforded to the owner of the prior registered trademark “Warung Makan Ibu Gambreng,” focusing on the landmark Supreme Court Decision Number 988 K/Pdt.Sus-HKI/2024. The research holds two primary objectives: first, to thoroughly examine the consistency and efficacy of legal protection under the Indonesian Law No. 20 of 2016 concerning Marks and Geographical Indications, and second, to dissect the detailed legal considerations and judicial reasoning that led the Supreme Court, as the Judex Juris, to decisively cancel the competing mark, “Nasi Gambreng Bu Esti.” The research utilizes a Normative Legal Research methodology, primarily employing the Case Approach focused on the specific decision, the Statute Approach analyzing the relevant trademark law, and the Conceptual Approach to interpret key legal principles. Data collection relies exclusively on secondary sources, including primary legal materials (the Supreme Court Decision) and secondary legal materials (academic journals, books, and articles), all subjected to Qualitative Content Analysis for critical interpretation. The findings reveal a significant and correctable discrepancy between the Commercial Court, which initially rejected the lawsuit based on formalistic visual differences, and the Supreme Court. The MA decisively established the defendant to have acted in bad faith, thereby overriding the Judex Facti’s restrictive formal approach, as the foundation for cancellation was the Defendant's proven misappropriation of the Plaintiff's goodwill established through the prior franchise agreement. The novelty of this research lies in its specific analysis of this Supreme Court judgment, which sets a crucial precedent: the abuse of an established contractual business relationship, such as a franchise, is confirmed as compelling and decisive evidence of bad faith under Article 21 paragraph (3), thereby significantly reinforcing the prioritization of substantive justice and ethical business conduct in Indonesian trademark law.
The Legal Implications of Acquittal for Criminal Acts of Abuse Based on the Principle of Justice
In the modern era, criminal cases have become more complex and abuse remains one of the most frequently encountered offenses in court proceedings. The enforcement of criminal law rests on the presumption of innocence, meaning that prosecutors must prove the defendant’s guilt beyond reasonable doubt. If the evidence is insufficient, the judge must acquit the defendant. However, such acquittals often create a dilemma of justice, especially when victims have clearly suffered harm but the legal elements of the offense cannot be proven. The Lubuklinggau District Court Decision No. 186/Pid.B/2023/PN Llg serves as a significant example. In this case, the panel of judges acquitted the defendants even though witness statements and a Visum et Repertum (medical report) were presented. The judges reasoned that the connection between the pieces of evidence was not strong enough to establish the defendants’ direct involvement in the abuse. This study analyzes the judges’ considerations in issuing the acquittal and examines its implications for victims’ rights from the perspective of justice. The findings show that the acquittal was based on the failure to prove the element of “jointly committing abuse.” Although Yoyon Utoyo was found to have committed violence against the victim, Hengki Ternando, there was no concrete evidence linking Bobot Sudoyo to the act, so the element of deelneming (participation) was not fulfilled. Legally, the verdict is valid since the elements of the crime were not proven beyond reasonable doubt. Yet from the victim’s viewpoint, the decision is unjust, as it denies protection and recovery rights guaranteed under Law No. 31 of 2014 on Witness and Victim Protection. This case reflects the tension between legal certainty and justice, where formal procedures often overshadow fairness, weakening public trust in the judiciary.
The Analysis of Criminal Liability of Military Members as Perpetrators of Premeditated Murder (Moord) against a Car Rental Owner
Premeditated murder is a grave criminal offense and is classified as a grave crime because it directly violates the constitutional right to life as one of the most fundamental and non-derogable human rights. This study aims to provide an in-depth analysis of the criminal liability of military personnel involved as perpetrators of premeditated murder, using a normative juridical method through a case approach and an examination of the court’s decision. The discussion focuses on the application of general criminal law provisions to active soldiers tried within the military court system, which has its own distinctive characteristics. The findings show that although the two defendants played different roles one carried out the shooting directly while the other issued the instruction both were considered to share a common will and awareness in committing the criminal act. The court determined that the elements of intent and premeditation were fulfilled, rendering both defendants equally responsible. The author argues that when viewed through the lens of criminal law doctrine, which emphasizes a calm and deliberate mental state as an indicator of premeditation, the defendants’ psychological condition, which was influenced by situational pressure, may give rise to different interpretations of this element. Nevertheless, the court’s decision affirms that military status does not exempt an offender from criminal liability and may even serve as an aggravating factor, as the conduct is deemed to undermine the discipline, honor, and integrity of the armed forces.
Land Ownership by Foreign Nationals Through Nominee Agreements: A Comparative Study of Thailand and the Philippines
The development of the tourism sector in various tourist cities in Indonesia and the surge in investment in the property sector after the COVID-19 pandemic may trigger an increase in interest among foreign nationals to acquire land in Indonesia through nominee agreements. This practice can trigger land ownership disputes between nominees and beneficiary owners, as well as threaten the state's sovereignty over land. This study will examine the legal provisions of nominee agreements and formulate prevention strategies based on comparative studies with Thai and Philippine regulations. This study uses a normative juridical method with a comparative, legislative, and case analysis approach. Data was collected through literature study with qualitative descriptive analysis techniques, using deductive reasoning. This was followed by prescriptive analysis to produce recommendations or practical suggestions as preventive measures against nominee agreement practices in Indonesia. The results of the study show that nominee agreements contradict the objective requirements of agreements, the principle of good faith, and the provisions of the UUPA. This can cause such agreements to be null and void. However, the disharmony between the UUPA and SEMA No. 10 of 2020 causes uncertainty in law enforcement. The weaknesses of the national legal system demonstrate the urgency of imperative regulatory reform. Based on a comparative analysis with Thai and Philippine regulations, it can be seen that both regulations demonstrate the active role of the state in maintaining state sovereignty over land through different mechanisms. By integrating these two regulations into the Indonesian agrarian legal system, it is possible to close loopholes in the law and ensure that land ownership remains under state control.
The Exit Strategy Clause as an Application of the Proportionality Principle in Franchise Agreements
This study aims to analyze the application of the proportionality principle in formulating exit strategy clauses in franchise agreements and examine legal protections available to franchisees facing unilateral termination without proportional clauses. This study employs a normative legal approach examining legislation, academic literature, and franchise practices through conceptual, legislative, and case approaches. The novelty of this research lies in applying the proportionality principle specifically to exit strategy mechanisms, an aspect rarely explored in Indonesian franchise law literature, offering practical frameworks for balanced contract termination. The proportionality principle applies through three tests (suitability, necessity, and balancing). A proportional exit strategy clause must contain a clear termination mechanism with a cure period, fair compensation based on franchisee investment and contribution, and an adequate transition period for business cessation. Legal protection for franchisees includes preventive measures through notarial agreements and repressive measures through legal remedies based on the Civil Code, compensation claims, buyback mechanisms, protection during franchisor bankruptcy, and proportional non-competition clauses. This study emphasizes that applying proportionality principles in exit strategy clauses is crucial for ensuring balance between parties rights and obligations and preventing contractual power abuse.
Criminal Liability for Hacking Personal Data through Ransomware Attacks on Digital Service Providers in Indonesia
Advances in information technology have driven massive digital transformation among Digital Service Providers (DSPs) in Indonesia, but this development has also increased the potential for increasingly complex cybercrime threats, particularly in the form of ransomware attacks. This normative legal study aims to examine the construction of criminal acts and criminal liability in cases of personal data hacking through ransomware attacks. The results of the study show that ransomware is a multi-layered criminal offense punishable under Law No. 1 of 2024 concerning the Second Amendment to the ITE Law (Articles 30, 32, and 27B) for illegal access, system destruction, and digital extortion, as well as Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) (Articles 67(2) and (3)) for the unlawful disclosure and use of personal data. The concept of criminal liability is expanded from the main perpetrator and accomplices under Article 20 of the 2023 Criminal Code to accomplices under Article 21 of the 2023 Criminal Code in transnational syndicates. In addition, PLDs acting as Personal Data Controllers may be subject to corporate criminal liability (Article 118 of the 2023 Criminal Code) and fines (Article 57 of the PDP Law) if they are proven to have been negligent in maintaining user data security, which facilitates attacks. Although there is existing jurisprudence in the Sleman District Court Decision No. 527/Pid.Sus/2020/PN Smn, law enforcement in Indonesia faces major challenges in the form of cross-border crimes, limitations in digital forensics, and the lack of strong international cooperation, which has made it difficult to achieve concrete criminal liability in many major cases such as BPJS Kesehatan and KPU.
Legal Responsibility For Residents Affected By Relocation In Development National Projects (Case Study of Kayan Hydropower Development)
The construction of the Kayan Hydroelectric Power Plant (PLTA) in North Kalimantan as part of the National Strategic Project (PSN) brings great benefits to the provision of clean energy and the acceleration of development, but raises socio-legal issues related to the relocation of the Dayak Kayan and Kenyah indigenous peoples in two villages upstream of the Kayan River. Relocation has led to the loss of customary land, livelihoods, and cultural heritage, raising questions about the government's form of legal responsibility. This research uses a juridical-normative method with a statutory and conceptual approach. The results of the study show that the government's responsibility is not only in the form of financial compensation or the provision of housing, but also includes socio-economic recovery, the provision of basic access, and the guarantee of livelihood sustainability. The state's obligations are divided into three aspects: respecting, protecting, and fulfilling the rights of citizens. Without the fulfillment of these responsibilities, relocation risks causing social conflicts, structural injustice, and a decline in the legitimacy of the PSN. Therefore, it is necessary to have a governance of relocation that is based on human rights, transparent, participatory, and in accordance with the General Principles of Good Governance (AUPB), so that the construction of the Kayan hydropower plant can run fairly, sustainably, and with social justiceThe abstract needs to summarize the contents of the paper and the research objectives.
The Inclusion of Third Parties (Joinder) in Multi-Party International Arbitration Cases: The Perspective of Indonesian Arbitration
Indonesia also officially recognizes international arbitration, which is articulated in Article 1 paragraph (9) of the Arbitration Law, as amended following Constitutional Court Decision No. 100/PUU-XXII/2024. This provision states: "International Arbitral Award is an award rendered by an arbitral institution or a sole arbitrator outside the legal jurisdiction of the Republic of Indonesia, or an award by an arbitral institution or a sole arbitrator which, pursuant to the provisions of the law of the Republic of Indonesia, is deemed to be an International Arbitral Award” (Putusan MK No. 100/PUU-XXII/2024, 2024). The joinder of third parties presents a key challenge in international arbitration due to its conflict with the fundamental principle of party consent. This article examines joinder's application in Indonesian arbitration, specifically analyzing the principles of consent and public order. This research used a normative legal research method, the study analyzes relevant regulations to determine joinder's legality. The findings conclude that the joinder principle is implicitly acknowledged and enforceable in Indonesian arbitration. The article offers an understanding of its implementation and provides recommendations for regulators to ensure legal certainty in Indonesia.
Legal Protection of Netflix’s Digital Content Copyright Against Illegal Account Sharing Practices in Indonesia
The expansion of digital streaming services has reshaped how Indonesian audiences obtain entertainment, with platforms operating through Over-The-Top (OTT) distribution such as Netflix becoming central to daily media use. Alongside the economic opportunities created for the digital creative sector, this shift has also produced legal complications, especially regarding the protection of works that are made available exclusively in digital formats. A recurring concern involves the circulation of Netflix accounts that are exchanged, sold, or jointly used in ways that exceed the scope of legitimate subscription rights. Such practices allow individuals to enjoy paid content without holding their own access authorization, thereby interfering with the economic rights legally reserved for Netflix as the copyright owner. Although a number of scholars explore copyright enforcement in online environments, discussions focused on the legal treatment of account-sharing within Indonesia remain scarce. To address this issue, the present study examines how the protection of Netflix’s digital content is framed under Indonesia’s Copyright Law (Law No. 28 of 2014) and identifies doctrinal uncertainties as well as sociological factors that complicate enforcement efforts. The research is conducted through a normative methodology supported by statutory and conceptual approaches, utilizing legislation, academic commentary, and other relevant legal materials. The analysis shows that unauthorized sharing of subscription accounts contradicts the rights to distribute and communicate a work to the public, as provided in Article 9 of the Copyright Law. However, because the law does not explicitly regulate the sharing of paid digital accounts and public understanding of digital copyright obligations remains limited, a regulatory gap persists. The study therefore argues that improving the protection of copyrighted digital works requires clearer legislative direction, cooperation among state institutions, and broader public education on digital copyright norms to ensure that creators’ economic interests are adequately safeguarded and that Indonesia’s creative economy can continue to grow in a sustainable manner.
Legal Issues of Company Access Blocking Through Beneficial Ownership in Realizing Corporate Transparency in Indonesia
This study examines the effectiveness of administrative sanctions in the form of blocking company access through the AHU Online system in increasing compliance with Beneficial Ownership (BO) reporting in order to realize corporate transparency in Indonesia, which is motivated by the still low compliance of companies in reporting BO data, which has only reached 50.27% of the total entities registered with the Directorate General of AHU. This study uses a normative juridical method with a statutory, conceptual, and case approach, as well as secondary data in the form of regulations and related legal literature. The results of the study indicate that the access blocking policy has provided a preventive effect on non-compliance with BO reporting, but its effectiveness is still hampered by weak data integration between agencies, technical system constraints, low awareness of business actors and even government officials. Therefore, it is necessary to strengthen digital verification, improve coordination between agencies, professionalism of public officials, and the establishment of a special authority for the AHU system to ensure data integrity and openness, so that public transparency and trust in the legal system and the business world can be increased.
Analysis of Letter of Intent and Its Implications on Unilateral Termination in Lease Agreement (Case Study of Decision Number 575/Pdt.G/2022/PN Jkt.Sel.)
This research aims to analyze the legal status of the Letter of Intent (LoI) within the Indonesian civil law system and its legal implications regarding unilateral termination in lease agreements. LoI is commonly understood as a preliminary document expressing initial intention and is generally considered non-binding. However, in practice, LoI may contain substantive clauses that create legal rights and obligations. This study employs a normative juridical method, utilizing statutory, conceptual, and case approaches, as seen in the South Jakarta District Court Decision No. 575/Pdt.G/2022/PN Jkt.Sel as the primary case study. The findings indicate that a LoI may possess binding legal force if it fulfills the essential elements of a valid contract under Article 1320 of the Indonesian Civil Code and has been partially or fully executed by the parties. The court decision establishes that unilateral termination of an LoI containing substantive obligations constitutes an unlawful act (onrechtmatige daad) under Article 1365 of the Civil Code because it violates the principles of pacta sunt servanda and good faith. Thus, the binding nature of an LoI is determined not by its label but by the substance and legal intent of the parties. This study contributes to the understanding that an LoI may function as a binding legal instrument and impose liability on parties who terminate it unilaterally without valid legal grounds.
Accountability of Shell Company's Practices in Tax Law Perspective by Limited Liability Companies: A Review of Good Corporate Governance
The use of shell companies by limited liability companies as a means of tax avoidance demonstrates a legal abuse that impacts the dilemma of legal compliance and business ethics. This action raises questions regarding the implementation of good corporate governance, which should be the basic ethics of every company. This study used a normative juridical method through a statutory approach and a conceptual approach. This study utilizes primary, secondary, and tertiary legal materials and then examines them descriptively. The results of the study indicate that the use of shell companies for tax avoidance purposes is contrary to the principles of good corporate governance. This scheme in practice can be subject to tax and criminal sanctions in its accountability.
The Efforts in Law Enforcement for Personal Data Protection
The concept of the rule of law is crucial for the proper functioning of any state, ensuring that governance operates within the framework of legal regulations. This principle, outlined in Hans Nawiasky’s Theory of Legal Norm Hierarchy, prevents the abuse of power and guarantees that authority is exercised under legal oversight. Key features of the rule of law, such as legal certainty, equality before the law, and human rights protection, contribute to the creation of a just society. In the context of Indonesia, which is a constitutional state as per Article 1(3) of the 1945 Constitution, legal provisions such as the Personal Data Protection Law (UU PDP) are introduced to protect citizens' personal data, particularly within the rapidly growing digital financial services sector. Indonesia’s advancement into Industry 4.0 and the rise of financial technology (FinTech) have made data protection more urgent, especially in a digital economy where data sharing occurs across borders. The government’s legal response includes laws and regulatory frameworks that aim to safeguard users’ personal data while addressing challenges like low digital literacy, weak compliance, and cross-border data flows. This paper explores the implementation of these laws, examines the challenges in enforcing them, and proposes improvements for ensuring effective protection of personal data in Indonesia’s digital financial services.
Legal Protection for Franchisors and Franchisees in Cases of Breach of Franchise Agreement
This study aims to analyze the effectiveness of Indonesia’s positive law in providing legal certainty and justice for the parties in resolving franchise disputes arising from breach of contract. The research uses a normative juridical method with a statutory and conceptual approach. The findings indicate that Indonesia’s legal framework on franchising has been comprehensively regulated under Government Regulation No. 42 of 2007, Minister of Trade Regulation No. 71 of 2019, and the Civil Code provisions. Normatively, these regulations have provided a foundation of legal certainty and protection for both franchisors and franchisees. However, the effectiveness of implementation remains limited due to the lack of administrative compliance among business actors, weak government supervision, and the inequality of bargaining power in standard contracts. Therefore, it is necessary to strengthen state supervision, enhance legal awareness among business actors, and enforce principles of justice and good faith in the execution of franchise agreements, so that the law not only ensures formal certainty but also achieves substantive justice for both parties.
The Protection of Secured Creditors in the Execution of Collateral in Bankruptcy
The objective of this journal study is to examine and analyze the safeguards for Secured Creditors regarding the enforcement of property guarantees following a bankruptcy ruling against the debtor. This research employs a normative legal approach, utilizing legislation, a conceptual perspective, and case studies. The findings indicate that the position of Secured Creditors in case number 527 K/Pdt. Sus-Pailit/2020 emphasizes that the right to execute on property guarantees remains intact, even with a 90-day suspension period post-bankruptcy decision. This suspension does not eliminate the preferential status concerning debt repayment. During this time, the curator is prohibited from selling or taking control of the collateral without the Secured Creditor's consent. Specific regulations are needed to protect Secured Creditors, ensuring that the execution of their property guarantees under suspension remains under their oversight, to promote fairness, legal certainty, and proportional protection of their rights during the bankruptcy process.