JURNAL AKTA (e-ISSN: 2581-2114, p-ISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA was published 4 times a year, for consideration of improving the quality and importance of international index registration / SCOPUS, namely March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Notarial Law and another section related contemporary issues in notarial of law. This journal has been acredited Nationally Accredited Journal by the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia in Grade (Sinta 2) since 27 December 2021 according to the decree No. 164/E/SKP/2021 ournal title : Jurnal Akta Initials : Akta Grade : Sinta 2; decree No. 164/E/SKP/2021 Frequency : 4 issues per year (March, June, September,& December, started from 2016) DOI : prefix 10.30659 by Print ISSN : 2406-9426 Online ISSN : 2581-2114 Editor-in-chief : Jawade Hafidz Man. Editor : Andri WinJaya Laksana Publisher : Program Magister (S2) Kenotariatan FH Universitas Islam Sultan Agung Semarang Citation Analysis : Google Scholar Indexing : SINTA | GARUDA | NELITI|
Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung
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Reassessing Diversion and Restorative Justice in Indonesia’s Juvenile Criminal System: Legal Paradigms, Policy Gaps, and Implementation Challenges
Indonesia’s juvenile criminal justice system has embraced diversion and restorative justice as foundational principles following the enactment of Law No. 11 of 2012 on the Juvenile Criminal Justice System. This study critically examines the legal frameworks underpinning these principles, explores the policy gaps, and evaluates the implementation challenges that have emerged in practice. Employing a socio-legal qualitative methodology, this paper reviews statutory provisions, policy documents, and empirical research findings on diversion and restorative justice in Indonesia. The results reveal that while Indonesia’s legal reforms align with international standards on juvenile justice, significant inconsistencies persist in the practical application of diversion policies. Key barriers include uneven regional implementation, lack of standardized procedures, insufficient training for law enforcement, and societal resistance rooted in a punitive legal culture. The discussion offers a comprehensive analysis of these challenges and suggests strategic pathways to strengthen the restorative justice framework. The paper concludes by recommending policy reforms that incorporate local wisdom, enhance institutional capacity, and promote community involvement to ensure sustainable and effective juvenile justice practices in Indonesia.
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Optimizing Notary's Role in Creating Marriage Agreements in Pekanbaru After Constitutional Court Decision No. 69/PUU/XIII/2015
Constitutional Court Decision No. 69/PUU-XIII/2015 has brought about a significant paradigm shift in Indonesian marriage contract law, allowing for the creation of such contracts during the course of a marriage. This change necessitates a shift in the role of notaries from mere document creators to active and responsive legal educators. However, implementation in the city of Pekanbaru shows that the optimization of this role has not been fully achieved, marked by low legal literacy among the public, structural barriers, and the lack of integration between the notarial service system and regulations and technology. The main problem is the passive attitude of Notaries, who only respond to requests without proactively providing legal education. This empirical legal research aims to analyze and formulate a concept for optimizing the role of notaries in the creation of authentic marriage agreements following the Constitutional Court's decision in Pekanbaru. Using a sociological-legal approach with qualitative methods, this research is descriptive-analytical and exploratory in nature. Data collection was conducted through in-depth interviews, participatory observation, and focus group discussions, as well as document and literature studies. The research results indicate an increase in the creation of marriage agreement deeds following the Constitutional Court ruling, but the number remains low compared to the total number of marriages. The majority of clients come from highly educated groups and have economic-business motivations. The main challenges include inconsistent technical regulations, insufficient socialization, variations in notarial practices, and ineffective third-party protection mechanisms. As an innovation, this study proposes a model for transforming the role of notaries into a proactive-educational, inter-institutional collaborative, and digitally adaptive role. This model is expected to strengthen the position of notaries as an essential legal profession in protecting marriage law in Indonesia.
The Loss of Land Rights under Kasepekang: Balinese Customary Law and Indonesian Agrarian Law
This study explores the application of kasepekang, the most severe customary sanction in Balinese traditional law, and its implications for land rights over pedruwen desa, particularly Pekarangan Desa (PKD) and Ayahan Desa (ADS). The sanction of kasepekang is imposed on individuals or families who commit serious violations of awig-awig or pararem desa, leading to the loss of their status as members of the customary village (krama desa). This loss of status results in the forfeiture of rights to PKD and ADS lands, which are often inherited and cultivated for generations. Such practices raise complex issues when examined under Indonesia’s national agrarian law, as the Basic Agrarian Law No. 5 of 1960 and Government Regulation No. 24 of 1997 explicitly safeguard long-term land tenure and constitutional rights guaranteed under Article 28H of the 1945 Constitution. The objective of this research is to analyze the concept of kasepekang in Balinese customary law, evaluate its compatibility with national agrarian principles, and formulate a harmonization framework that allows the enforcement of customary sanctions without violating constitutional protections. Employing a normative legal method with statutory, conceptual, and comparative approaches, this study applies Philipus M. Hadjon’s Theory of Legal Protection, Gustav Radbruch’s Theory of Legal Certainty, and John Rawls’ Theory of Justice. The findings confirm that while kasepekang is legitimate within customary law as an instrument of social and religious order, it cannot be extended to revoke PKD and ADS land rights. The novelty of this study emphasizes restricting kasepekang to socio-religious domains, supported by clear mechanisms for mediation and rehabilitation, thereby ensuring legal certainty while preserving the integrity of customary law within the national legal system.
Setting Refund and Warranty Clauses Urgency in Electronic Agreements: Harmonization between Covenant Law & Consumer Protection
The rapid growth of electronic transactions in the digital era has driven the transformation of conventional contract models into e-contracts based on digital and automated systems. However, this transformation poses serious challenges in terms of legal protection for consumers, particularly regarding refund and warranty clauses, which are often unilaterally drafted by businesses. The main issue addressed in this research is the lack of clarity in the substance of refund and product warranty clauses in electronic contracts, which contradicts the principles of contractual fairness and consumer protection. This study used a normative juridical method with statutory and comparative legal approaches, focusing on international practices, particularly in the European Union. The findings reveal a regulatory gap in Indonesia's positive law, including Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 on Electronic Information and Transactions, and the Indonesian Civil Code. The absence of minimum standards for refund and warranty clauses results in an imbalance of power between businesses and consumers and undermines legal certainty in digital transactions. Therefore, there is a need to harmonize the principle of freedom of contract with consumer protection through the establishment of regulations that govern standard clauses in a transparent, proportional, and fair manner. Such regulation is expected to resolve the dilemma between business efficiency and the fairness of legal protection, and to foster the development of a sustainable digital trade ecosystem.
Innovation and Regulation: Legal Enablers and Challenges in Indonesia’s Digital Banking Lending Ecosystem
This study aims to analyze the impact of the Financial Services Authority (OJK) Regulations No. 13/POJK.02/2018, No. 12/POJK.03/2021, and No. 10/POJK.05/2022 on banking participation in technology-enabled lending, in conjunction with the enactment of Law No. 27/2022 on Personal Data Protection and Law No. 4/2023 on the Development and Strengthening of the Financial Sector. The research employs a normative-juridical approach to examine the evolution and implementation of regulatory sandboxes, digital Know – Your – Customer (e-KYC) procedures, and AI-based credit scoring mechanisms. These elements are assessed in terms of their legal foundations and practical implications for credit accessibility, operational efficiency, and financial inclusion. The findings reveal that while these regulatory advancements have significantly improved access to credit and enhanced the efficiency of digital financial services, several challenges remain. These include a rise in non-performing loans, vulnerabilities in data privacy and cybersecurity, opaque interest rate structures, and compliance gaps in anti-money laundering and counter-terrorism financing (AML/CTF) frameworks. Addressing these issues requires the development of a risk-based, technology - neutral regulatory framework, increased transparency in algorithmic decision-making, and stronger cross-sector collaboration. Such measures are essential to fostering a robust, secure, and inclusive digital lending ecosystem in Indonesia that balances innovation with consumer protection and systemic stability.
The Urgency of Reconstructing the National Inheritance Law System for the Protection of Adopted Children
The main issue in Indonesia's national inheritance law system lies in the lack of recognition of adopted children as legitimate heirs in the absence of a will, as stipulated in Article 832 of the Indonesian Civil Code (KUHPerdata), which limits inheritance rights exclusively to blood relatives. This provision creates significant inequality and discrimination against adopted children, as they are legally excluded from inheritance rights unless granted through a testamentary gift a mechanism that is limited in amount and not automatically applied. This study aims to examine the urgency of reconstructing the national inheritance law system to ensure equal legal protection for adopted children. The research employs a normative legal method, using both normative juridical and conceptual approaches. The findings reveal a legal vacuum (rechtsvacuum) and a juridical gap between existing positive legal norms and the principles of human rights and child protection. The current national inheritance system fails to provide adequate legal recognition of adopted children as part of the family in the context of inheritance. Therefore, a reconstruction of the national inheritance law is necessary one that incorporates the principles of caregiving and child welfare as the basis for recognizing family relationships, rather than relying solely on biological ties. Strategic approaches may include the addition of new norms to the Civil Code or the enactment of a National Inheritance Law that explicitly acknowledges the inheritance rights of adopted children. In addition, such inheritance law reform must be supported by strengthening protective mechanisms through the judicial system and social institutions, ensuring that adopted children can obtain legal certainty, substantive justice, and equal treatment before the law.
The Role of The Tax Court in The Judicial System: Implications of Constitutional Court Decision No. 26/PUU-XII/2023 For Tax Law
This article examines the implications of the Constitutional Court Decision No. 26/PUU-XXI/2023 for the Tax Court within Indonesia's judicial system. The decision transfers oversight of the Tax Court from the Ministry of Finance to the Supreme Court, enhancing judicial independence and addressing governance dualism. This study employs a normative legal research methodology to analyze how this ruling fortifies the principles of separation of powers and checks and balances as enshrined in the 1945 Constitution. It highlights the importance of the Tax Court's role in protecting taxpayer rights and ensuring impartiality in tax dispute resolution. The findings underscore the necessity for further reforms to eliminate remaining executive influence and promote a cohesive judicial framework, thereby reinforcing the rule of law and enhancing the credibility of the judiciary in Indonesia.
Legal Analysis of the Reappointment of Former Convicted Village Head Based on the Policy of Extending the Term of Office of the Village Head
The election of village heads is a manifestation of local democracy that affirms the sovereignty of the village people in determining leadership at the most basic level of government. Changes in regulations through Law No. 3 of 2024 which extended the term of office of village heads from six years to eight years, as well as the birth of the Ministry of Home Affairs Circular Letter Number 100.3/4179/SJ, have juridical and sociological implications for the legitimacy of the village head position. One of the crucial issues is the reappointment of village heads who have been entangled in criminal acts, as in the case of the Sekapuk Village Head who was sentenced to five months in prison for embezzlement but was re-inaugurated and received an extension of office. This study uses normative legal methods with legislative and conceptual approaches to examine the suitability of these policies with democratic principles, the principles of clean governance, citizens' political rights, and public accountability. The results of the study show that although the circular provides administrative legal certainty and prevents a vacancy in village leadership, the policy creates a normative conflict between the restoration of the political rights of former convicts and the demands for the integrity of public office. This condition has the potential to reduce public trust in village government and weaken the principle of accountability. Therefore, a more comprehensive policy formulation is needed by including morality and integrity requirements for village heads whose positions are extended so that the principles of democracy and good village governance are guaranteed.
Tripartite Institutional Mechanism in the Discussion of the Draft Law
This article explores the emergence and implementation of a tripartite institutional mechanism in the legislative process in Indonesia, particularly following the Constitutional Court Decisions No. 92/PUU-X/2012 and No. 79/PUU-XII/2014. These rulings affirm the legislative role of the Regional Representative Council (DPD) alongside the House of Representatives (DPR) and the President, establishing a more balanced representation in drafting laws within specific areas. Using a normative juridical approach, this study analyzes the constitutional foundations, institutional practices, and comparative perspectives on bicameralism. The research identifies significant structural and functional disparities between the DPR and DPD, despite the formal recognition of the DPD’s legislative rights. Although the DPD may participate in the first and second-level discussions of draft bills, it is excluded from the final approval stage. Moreover, DPD-initiated bills and proposed revisions are often ignored in practice, weakening its legislative impact. Drawing from comparative constitutional studies, the article highlights the typologies of bicameralism—ranging from perfect to weak—and situates Indonesia's model within the broader global context. The findings underline that a truly effective tripartite mechanism requires not only formal recognition but also practical and procedural adjustments to ensure power-sharing and institutional dignity. The authors recommend enhancing the DPD's authority through constitutional practices, internal institutional development, and greater political negotiation capacity to strengthen its legislative influence and create a more balanced parliamentary structure.
The Urgency of Harmonizing Civil Inheritance Law with Digital Assets in the Indonesian Legal System
The development of digital technology has given rise to new types of non-physical wealth, such as cryptocurrency, e-wallets, social media accounts, and digital intellectual property. However, Indonesia's civil inheritance law system, which is based on the Burgerlijk Wetboek (Civil Code), does not explicitly regulate the status and mechanism of inheritance of such digital assets. The absence of specific regulations creates legal issues for heirs, ranging from difficulties in identification to obstacles in accessing the digital assets of the deceased. This study employs a normative and comparative legal approach by analyzing national legislation, inheritance practices in several countries such as the United States (RUFADAA), and theories of legal harmonization. The results of the study indicate that, conceptually, digital assets meet the criteria as legal objects that can be inherited because they have economic value and transferable ownership. However, the absence of explicit regulations in national law makes digital assets vulnerable to loss or improper distribution. Therefore, legal harmonization is an inevitability. Legal harmonization of inheritance regarding digital assets can be achieved through three main schemes. First, integrating digital assets into the list of inherited assets by explicitly including them in a will (testamentaire beschikking) or statement of assets. Second, establishing a mechanism for identifying and distributing digital assets involving notaries as legal actors and developing a national digital data system. Third, the formulation of technical regulations that grant legal access to heirs to the deceased's digital accounts and cryptocurrency wallets, accompanied by cross-border enforcement cooperation with global digital service providers. These three schemes are based on the principles of volledigheid van de nalatenschap, gerechtigheid (justice), and rechtszekerheid in Dutch law, and are in line with Nonet and Selznick's theory of responsive law, which encourages the adaptation of law to social and technological dynamics. The comprehensive reformulation of inheritance law provisions in the Civil Code is a strategic step in ensuring legal protection for heirs and addressing the challenges of digital inheritance in the information society era.
Application of the Dilution Doctrine in Trademark Registration as Legal Protection for Trademarks in Indonesia
This research examines and analyzes the concept and regulation of the trademark dilution doctrine, which has long developed in the United States, as a form of legal comparison, as well as the implementation of the dilution doctrine in the substantive examination of trademark registration in Indonesia. The research method used is normative juridical research employing statutory, conceptual, comparative, and case study approaches. This study uses secondary data in the form of primary, secondary, and tertiary legal materials, which are then qualitatively analyzed. Data collection techniques involve literature study by tracing widely published written information. The results of this study show that trademark violations in Indonesia are dominated by imitation marks, thereby requiring legal reform in trademark law through the adoption of the dilution doctrine similar to that of the United States. Article 21 paragraph (1)(c) of the Indonesian Trademark and Geographical Indication Law mandates the application of the dilution doctrine, although it does not explicitly regulate it. This indicates that Indonesia has the potential to implement the dilution doctrine. However, the significant differences between the United States and Indonesia make full implementation of the doctrine difficult. One of the main challenges in implementing the dilution doctrine is the communal character of Indonesian society. When analyzed using Jeremy Bentham’s Utilitarianism Theory, the result shows that implementing the dilution doctrine would produce greater pain for Indonesia. Therefore, adjustments and legal formulations are needed to accommodate the interests of all parties, including clear and detailed regulations that govern dispute resolution and evidentiary standards in court. The implementation of the dilution doctrine in substantive examination also needs to be tightened to reduce future trademark disputes.
Application of the Bona Fide Principle in the Implementation of the Binding Sale and Purchase Agreement Related to the Seller’s Absence Before the Notary-PPAT
The Sale and Purchase Agreement (in Indonesian Version: Perjanjian Pengikatan Jual Beli (PPJB)) is a crucial foundation before the formation of the Akta Jual Beli (AJB). However, in practice, serious obstacles often arise when the seller is unable to be present before the Notary-PPAT. This phenomenon not only hinders administrative processes but also potentially undermines the validity of the deed, increases the risk of breach of contract, and weakens the legal protection that the buyer should receive. In this complex situation, the principle of bona fide (itikad baik) becomes a fundamental pillar that demands honesty, transparency, and compliance with legal obligations from all parties involved. This study uses a doctrinal method to analyze legislation, legal doctrines, and evaluate how court decisions (case studies of Decision Number 28/Pdt/2022/PT SMG, Decision Number 20/Pdt.G/2023/PN.Tgt, and Decision Number 36/PDT/2020/PT.Smg) refer to the principle of bona fide in cases of seller absence in PPJB, and to what extent these decisions can serve as a basis or consideration in choosing dispute resolution mechanisms (litigation, mediation, or arbitration). In-depth analysis shows that judicial bodies consistently emphasize the importance of the principle of bona fide and deed formality. The main results of the analysis indicate that these decisions, by reinforcing the validity of the deed or highlighting violations of good faith, implicitly and explicitly encourage the parties to consider alternative dispute resolution methods such as mediation or arbitration as faster, more efficient efforts that potentially maintain good relations, while striving to reach agreements reflecting the principle of bona fide for legal certainty.
Legal and Humanitarian Implications on The Highway (Case Study of Ambulance Ticketed ETLE)
This study aims to examine the legal and humanitarian implications of the Electronic Traffic Law Enforcement (ETLE) system when applied to emergency vehicles such as ambulances that violate traffic regulations during life-saving missions. The research employed a normative legal method supported by statutory and conceptual approaches, complemented by limited empirical observations. The method analyzed primary legal materials, including traffic legislation and constitutional provisions, and secondary materials such as journal articles on digital law enforcement and algorithmic decision-making. The novelty of this research lies in its identification of structural weaknesses in Indonesia’s automated ticketing system, which fails to differentiate ordinary traffic violations from emergency-based exceptions, resulting in potential conflicts with the constitutional right to life. The findings demonstrate that ETLE operates rigidly because it relies solely on visual camera detection without integration with emergency vehicle databases. This creates legal inconsistency, particularly with Articles 134–135 of the Traffic Law and Article 28A of the Constitution. The research also reveals a technological gap due to the absence of adaptive algorithms, real-time vehicle identification, and human-override mechanisms. Based on these findings, the study concludes that ETLE requires regulatory refinement, technological upgrading, and inter-institutional integration to ensure that automated enforcement remains aligned with principles of justice and humanitarian protection. The study recommends developing an integrated whitelist system, real-time data synchronization with emergency services, and the inclusion of contextual AI-based analysis to prevent the penalization of life-saving actions.
Implications of Digital Transformation of Land Registration Processes as Seen in The Face of Agrarian Law
Digital transformation in the Land Registration Process is part of the modernization of land administration and services in Indonesia. The digitalization of the land registration process is regulated by Regulation of the Minister of ATR/BPN No. 3 of 2023 concerning the Issuance of Electronic Documents. The land registration activity refers to Government Regulation No. 24 of 1997 and Government Regulation No. 18 of 2021. The legal umbrella for the digitalization of land registration is regulated in the UUITE, UUSPK, PP PSTP, PBBSSN, and Presidential Decree SPBE. Digital transformation involves electronic land registration, making the shift to the UUPA a specialist lesson from the perspective of legal certainty and legal protection. There are crucial issues regarding the electronic system, the legality and evidentiary power of electronic certificates, especially in the event of a dispute or system failure. Meanwhile, the electronic system also affects legal protection faced with data security risks, the potential for digital maladministration, resulting in losses arising from system errors. The implications of digital transformation in the land registration process in the UUPA and PP are required to evaluate the extent to which the implementation of electronic systems is able to guarantee Legal Certainty which must be clear, consistent and predictable as well as Legal Protection (guarantee provided by the legal system to protect every right to land ownership for the community, as well as identifying the problem of disharmony or overlapping rules as a logical consequence of legal implications and digital implications. This qualitative research applies a juridical-normative approach and is enriched with in-depth interview data. Of course, the most fundamental implication is the emergence of disharmony of rules between lex specialis, namely the UUPA with Lex Generalis UU ITE and technical regulations that support digitalization, and overlapping regulations related to the protection of ownership rights and the validity of electronic evidence (for example between BPN government regulations and the ITE Law). This condition hinders the realization of the goals of Indonesia's Transformation Infrastructure in the land sector. This research recommends comprehensive harmonization of regulations, the establishment of clear legal responsibilities in the digitalization of the land registration process.
Application of Development Law Theory in Overcoming Legal Voids Related to Land Ownership Restrictions in Indonesia
Considering that housing is a fundamental human need, the fulfillment of adequate housing constitutes a governmental responsibility. This aligns with the mandate of Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which guarantees a decent standard of living for all citizens. The government has a responsibility to provide decent housing for all Indonesian people. The absence of legal regulations regarding the limitation of ownership of land rights for residential houses for individuals causes a person to freely and without limits buy a residential house. Through a normative legal study, this research aims to examine the dimensions of the theory of developmental law and its application in addressing legal gaps concerning land ownership restrictions in Indonesia. To answer the problems in this research, the researcher uses a normative type of research with a legal approach to fill the lacuna of existing legal regulations in Indonesia since the object of the research is not yet legally regulated. The findings indicate that the theory of developmental law serves as a highly relevant and appropriate theoretical framework to be further explored and applied in filling the existing legal vacuum related to the study’s object. The problems faced by each individual (especially people of the middle to lower income) to get a decent house are of course the responsibility of the government. This situation is constitutionally mandated under the 1945 Constitution of the Republic of Indonesia. The answers to the problems, the researcher will approach the study by utilizing the approaches, in particular the Welfare State Theory of John Rawls, and the Law Development Theory of Mochtar Kusumaatmadja.
The Urgency of a 30 Percent Free Float Regulation to Strengthen Legal Protection for Retail Investors
This study analyzes the urgency of increasing the minimum free-float threshold to 30 percent as a legal instrument to strengthen retail investor protection and improve the quality of Indonesia’s capital market. The current minimum free-float requirement of 7.5 percent, as regulated in Indonesia Stock Exchange Regulation No. I-A, is no longer sufficient to ensure trading liquidity, prevent price manipulation, or protect minority shareholders. Using a normative legal method based on statutory, conceptual, and comparative approaches, this research compares Indonesia’s regulatory framework with practices adopted in several jurisdictions. The United Kingdom sets a minimum free float of 10 percent for domestic companies and 25 percent for non-UK issuers; Malaysia requires at least 15 percent; Hong Kong mandates a 25 percent public float; Japan imposes a 35 percent tradable share ratio for Prime Market listings; and India requires a minimum public shareholding of 25 percent. The findings show that Indonesia’s free-float level remains far below these jurisdictions, making the market more vulnerable to volatility and potential price intervention. The limited shareholding dispersion also weakens regulatory oversight and reduces the likelihood of Indonesian stocks being included in global indices that rely on free-float-adjusted market capitalization. Increasing the free-float requirement to 30 percent has the potential to broaden public ownership, strengthen corporate governance, enhance liquidity, and increase investor confidence. Establishing this requirement at the statutory level is essential to provide legal certainty and to support more effective supervision by the Financial Services Authority (OJK).
The Regulatory Authorities’ Role in Enforcing Laws on Misleading Cosmetic Claims in Indonesia and European Union
The rapid growth of Indonesia’s cosmetics industry has led to a rise in misleading product claims that pose risks to consumers and weaken legal protections. This study examines the role of regulatory authorities in enforcing laws against misleading cosmetic claims in Indonesia and compares these mechanisms with those of the European Union to identify structural, procedural, and substantive gaps that influence enforcement effectiveness. Using a normative legal research method combined with a comparative approach, the study analyzes relevant legislation, official regulatory documents, and judicial decisions. The findings show that although Indonesia has a solid legal foundation through the Consumer Protection Act and the Health Law, supported by both pre-market and post-market surveillance, enforcement remains significantly weaker than in the European Union. Key factors include the absence of detailed claim-assessment standards equivalent to the EU’s Common Criteria, limited authority of BPOM in pursuing criminal actions, and a reactive, case-by-case enforcement model. Conversely, the European Union employs a preventive and systematic framework characterized by rigorous claim verification, standardized scientific substantiation, and broad supervisory powers. This study concludes that Indonesia’s challenges stem not from inadequate legal norms but from insufficient technical standards and institutional capacity. The research offers novelty by highlighting the institutional and technical gaps that hinder Indonesia’s enforcement of misleading cosmetic claims and by providing recommendations for strengthening national regulatory mechanisms to align with international consumer protection standards.
The Contradiction of Imposing BPHTB on the Creation of Unpayment of PPJB with the Principle of Convenience
This paper aims to analyze the imposition of tax on the acquisition of land and building rights (Bea Perolehan Hak atas Tanah dan Bangunan – BPHTB) after the signing of a Preliminary Sale and Purchase Agreement (Perjanjian Pengikatan Jual Beli – PPJB), particularly Unpayment of PPJB, based on the principle of convenience. This paper uses the doctrinal legal research method to study the imposition of BPHTB on Unpayment of PPJB based on the principle of convenience. The study employs secondary data in the form of primary and secondary legal materials to address the research questions. This study concludes that imposing BPHTB after signing Unpayment of PPJB goes against the principle of convenience introduced by Adam Smith and used as a tax concept worldwide. Imposing BPHTB at the time of Unpayment of PPJB clearly contradicts this principle because BPHTB is collected at an inappropriate time: when there has been no transfer of land rights from the seller to the buyer. This study is expected to contribute to the development of legal science, particularly in the domain of tax law. It is also hoped that this research will serve as a basis for policymakers to formulate regulations related to the collection of BPHTB on Unpayment of PPJB, in accordance with the principle of convenience. This study provides an analysis of the imposition of BPHTB on Unpayment of PPJB, based on the principle of convenience. A review of the extant literature reveals an absence of studies that specifically address this issue. This constitutes the novel aspect of this study.
Regulatory Disharmony of NFTs and the Problematics of Smart Contract Validity: Implications for the Law of Obligations and Fiduciary Security
This study analyzes the fundamental regulatory disharmony concerning Non-Fungible Tokens (NFTs) and smart contracts within the Indonesian Civil Law system. The root of the problem is identified as a rechtsvacuüm (legal vacuum) and the "ontological silence" of the Indonesian Civil Code (KUHPerdata), which fails to provide a definitive property status (zaak) for digital assets. This failure of the lex generalis triggers a "Regulatory Trilemma," wherein the status of NFTs is fragmented among the commodity regime (Bappebti), property law (KUHPerdata), and Intellectual Property Rights (Copyright Law). This normative-juridical research finds that such disharmony creates a domino effect in two realms. First, it threatens the substantive validity of smart contracts regarding the objective requirement of "a certain subject matter" (Article 1320 of the KUHPerdata) and confronts the adage 'code is law' with the principle of "good faith" (Article 1338 of the KUHPerdata). Second, the potential of NFTs as objects of fiduciary guarantee (UUJF) becomes practically paralyzed due to fundamental obstacles in valuation, registration (centralization vs. decentralization), and execution (private keys). Through a comparative law approach utilizing the Singaporean ruling of Janesh v. Chefpierre, this study recommends the adoption of "functional reasoning" through judicial rechtsvinding and legislative reform of the KUHPerdata to fill the legal void.
The Normative Antinomy in the Paradox of Customary Rights Protection in the Vortex of Investment and Structural Agrarian Conflict
The urgency of this research lies in the pressing need to rectify the antinomy of norms between the protection of customary land rights (hak ulayat) and the neoliberal investment regime following the enactment of the Job Creation Law, which has triggered structural agrarian conflicts. This study aims to deconstruct the distorted interpretation of the State Right of Control (Hak Menguasai Negara), which currently legitimizes state-facilitated land grabbing practices through the Land Bank instrument and licensing bureaucracy. Through critical analysis, this study seeks to formulate legal corrections to realign the direction of agrarian politics with the constitutional mandate of social justice. This research employs a normative legal research method focused on examining the antinomy of norms and dogmatic conflicts between the protection regime for customary law communities and the investment acceleration regime within the national agrarian legal system. The study finds that post-Job Creation Law, the agrarian legal paradigm has shifted drastically toward neoliberalism, distorting the state's function into a commercial agent through the Land Bank. Its implementing regulations operate as a legal ecosystem that facilitates the systematic dispossession of people's land and nullifies public participation for the sake of investment. This reduces the philosophy of land to merely a capital asset, perpetuates structural conflicts, and manifestly betrays the constitutional mandate.
Unraveling The Tangled Threads in The Handling of Corruption Crime & Its Impact on The Effectiveness of The Criminal Justice System in Indonesia
Handling corruption in Indonesia is a crucial issue that affects the integrity and effectiveness of law enforcement. Based on Law No. 31 of 1999 amended by Law No. 20 of 2001, corruption includes various acts that harm state finances, such as abuse of authority and bribery. Data from Transparency International shows that corruption remains a serious problem with Indonesia's Corruption Perception Index in 2023 scoring 34 out of 100. This research aims to provide academic insights and practical policy recommendations to improve the effectiveness of law enforcement and corruption eradication in Indonesia. The main focus of this research is on institutional reform, improving supervision, and strengthening accountability to strengthen the integrity of the criminal justice system and increase public trust in law enforcement institutions. This research uses a normative juridical methodological approach by utilizing various analytical techniques, including comparative, conceptual, and statutory approaches. This research shows that structural and procedural weaknesses in handling corruption in Indonesia, such as unclear legal definitions and weak institutional coordination, hinder the effectiveness of corruption eradication. Legal reforms, structural improvements, and strengthened oversight are needed to improve the justice system, build public trust, and support equitable social and economic development.
The Juridical Analysis of Constitutional Court Decision No. 87/PUU-XXI/2023 on KPK
This study analyzes Constitutional Court Decision Number 87/PUU-XXI/2023 concerning the authority of the Corruption Eradication Commission in coordinating and controlling the investigation, prosecution, and trial of concurrent jurisdiction corruption cases. The research employs normative legal methods with statute and historical approach. The findings indicate that the decision does not alter the justiciability of military courts in handling corruption cases committed exclusively by members of the Indonesian National Armed Forces as the non-concurrent jurisdiction. However, in corruption cases involving both civilian and military elements, the determination of the competent court whether from the general judiciary or military judiciary depends on the defined primary impact of the offense on public or military interests through joint assessment by the Military Prosecution Authority and the State Prosecutor. The legal implications of this decision affirm that the Corruption Eradication Commission retains its authority to handle connectivity corruption cases by adhering to the procedural law on concurrent jurisdiction as regulated in the Indonesian Criminal Procedure Code and Law No. 31 of 1997 on Military Judiciary. During the investigation phase, the Corruption Eradication Commission collaborates with a dedicated concurrent investigation team from the military judiciary comprising military prosecutors and military police. The examination of investigation results is conducted by the State Prosecutor of the Attorney General’s Office instead of the Commission’s prosecutors or the Military Prosecutor. If the case proceeds to trial at the Corruption Court, the prosecution is led by Commission prosecutors, whereas if it is tried in a military court, the prosecution is led by the Military Prosecutor.
Legal Protection of Intellectual Property in the Digital Era in Indonesia
The advancement of digital technology has fundamentally transformed the processes of creating, distributing, and using intellectual works. While digitalization enhances accessibility and efficiency, it also significantly increases the risk of Intellectual Property Rights (IPR) infringements that occur on a large scale, at high speed, and across national borders. In Indonesia, these developments present serious challenges to the effectiveness of IPR legal protection, particularly in addressing violations within the rapidly evolving digital environment. This research seeks to assess the capacity of Indonesia’s IPR protection policies to respond to the demands of the digital era and to propose legal and policy recommendations aimed at strengthening the national IPR protection framework. The study employs normative legal research methods, utilizing statutory and conceptual approaches through a literature review of IPR legislation, legal doctrines, and academic writings related to digital technology. The findings reveal that although Indonesia has established a relatively comprehensive IPR regulatory system and has aligned it with international standards, existing regulations have not yet fully adapted to the unique nature of digital-era infringements. Persistent challenges remain in areas such as law enforcement effectiveness, the handling of electronic evidence, institutional coordination, and the regulation of cross-border IPR violations. The study concludes that enhancing IPR protection in Indonesia requires regulatory reforms that are responsive to technological advancements, improved capacity-building for law enforcement authorities, and increased public awareness of IPR law. Academically, this research contributes to the development of legal scholarship and provides valuable input for policymakers in strengthening IPR protection to ensure legal certainty and enhance national competitiveness.
The Juridical Analysis of the Legal Consequences of Granting Land Rights Without the Consent of Heirs and the Liability of Notaries & PPAT
This research analyzes the legal consequences of granting land rights without the consent of other heirs and examines the legal responsibility of Notaries and/or Land Deed Officials (Pejabat Pembuat Akta Tanah/PPAT) in the preparation of such grant deeds. In practice, land grants are frequently executed without due consideration of the absolute rights (legitime portie) of lawful heirs, resulting in inheritance disputes and legal uncertainty regarding the validity of the grant and subsequent land registration. This study employs normative legal research using a statutory approach and a conceptual approach. The analysis is based on primary legal materials in the form of legislation regulating grants, inheritance law, land registration, and notarial authority, supported by secondary legal materials including legal doctrines, scholarly journals, and relevant legal opinions. The findings demonstrate that a land grant made without the consent or acknowledgment of other heirs may be subject to legal challenge and potential annulment, particularly when it infringes upon the legitime portie guaranteed by the Indonesian Civil Code. Furthermore, the study reveals that Notaries/PPAT bear professional and legal obligations to apply the principle of prudence, verify the legal status of the parties, and ensure compliance with applicable laws. Failure to fulfill these obligations may result in administrative sanctions, civil liability for damages, and, in certain circumstances, criminal responsibility. However, the liability of Notaries/PPAT may be excluded if it can be proven that the deed was prepared in good faith and that any defects arose from falsified data or the concealment of material facts by the parties. This research contributes to the development of inheritance and notarial law by providing a clearer framework for assessing the validity of land grants and reinforcing the role of Notaries/PPAT in ensuring legal certainty, justice, and protection for all interested parties.
A New Transformation Model of Electronic Waqf Management Using Barcode Scanning in Indonesia
Virtual Payment through barcode scanning is one of the impacts of digitalization and modernization of technology in the field of payment management in various ways, which initially through the Transfer System (Manual Transfer; ATM; Mobile Banking etc.) to the Barcode System (QR Code; QRIS, Universal Product Code (UPC-A); EAN-13; Datamatrix etc.). Not to mention E-money and various E-Commerce Platforms providing electronic payment services such as OVO and GO-PAY, etc. they also use barcode scanning and are even considered more effective and considered easier by most people. Therefore, Waqf Management should also adapt to the development of world technology which is increasingly modern and more flexible, one of which is using the barcode scan above. Unfortunately, there are still many Waqf Managers (Nadzir) in Indonesia who still apply the Conventional Management System where they tend to maintain old habits in collecting funds from Waqf (Wakif) for certain reasons, both lack of understanding of religious doctrine and lack of ability to utilize current developments in information technology. This certainly causes the ineffectiveness of the Muslim community in Waqf Asset Management, especially the understanding of waqf assets (Mauquf) which is conservatively fixed (land/goods) to movable (money/cash), from the original tangible (real) to intangible (abstract/electronic/E-Waqf). In fact, Islamic countries are starting to change the conventional waqf asset management system to electronic waqf with the help of banking systems and types of payment systems, such as Kuwait, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Egypt, Turkey, Bangladesh and Malaysia. In Indonesia, digitalization in the financial sector has actually been supported by the government by launching the GNNT program aka the National Non-Cash Movement since 2014 but has not been realized optimally. In addition, Zakat, Infaq, Shodaqah (ZIS) has also begun to widely use barcode scanning even affixed to donation boxes and mosque walls. However, for waqf it is very minimal due to different conceptual understandings. Therefore, there is a need for wider socialization and increased financial inclusion so that the management of Islamic waqf funds becomes faster, more efficient, integrated, secure, controlled and cross-border. This thesis aims to; 1) To find out how the current condition of Electronic Waqf (E-Waqf) in Indonesia is. 2) To analyze the transformation model of Electronic Waqf Management (E-Waqf) via Barcode Scan in Indonesia. This research is a qualitative research with a descriptive analytical approach. The data collection technique used is a literature study, through books, scientific journals, websites, etc. In addition, interviews with several informants from sources as a reinforcement of research data. The data analysis technique uses qualitative analysis techniques that have four stages, namely data collection, data reduction, data presentation and the final step is drawing conclusions and verification. The results of this study are expected to transform Electronic Waqf Management (E-Wqf) in Indonesia to be more Modern, Accessible, Fast, Safe and Transparent through Virtual Payment via Scan Barcode as a medium for collecting waqf funds quickly and accurately while being directly supervised by the Indonesian Waqf Board (BWI) as the Organizer, Financial Institutions; Business Entities, and/or Communities that have been appointed to prevent misappropriation of funds. The ultimate goal is the creation of broader Community Welfare across borders in all walks of life.
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The Urgency of Notary Involvement in the Process of Destroying Illegal Fishing Evidence to Achieve Legal Certainty and Justice
Illegal fishing is a serious crime that results in state losses, damage to marine ecosystems, and social injustice for local fishermen. One form of law enforcement carried out by the state is the destruction of evidence in the form of fishing vessels and gear. However, in practice, the process of destroying such evidence still leaves legal issues, particularly regarding legal certainty, accountability, and protection of the rights of related parties. This study aims to analyze the urgency of notary involvement in the process of destroying illegal fishing evidence as an effort to realize legal certainty and justice. The research method used is normative juridical with a statutory and conceptual approach. The results show that notary involvement through the creation of authentic deeds can provide legal certainty, transparency, and strengthen the legitimacy of the action of destroying evidence so that it is in line with the values of substantive justice. Illegal fishing is a serious crime that not only causes economic losses to the state but also damages marine ecosystems and causes social injustice for local fishermen who engage in legal fishing activities. As a form of law enforcement, the state imposes additional criminal sanctions in the form of destroying evidence, particularly vessels and fishing gear used in the crime. However, in practice, the destruction of evidence of illegal fishing still faces various legal challenges, particularly those related to legal certainty, transparency, accountability, and the protection of the rights of the parties involved. This situation has the potential to give rise to legal disputes and undermine the legitimacy of the destruction of evidence. This study aims to analyze the urgency of notary involvement in the process of destroying evidence of illegal fishing as an effort to realize legal certainty and substantive legal justice. The research method used is normative juridical with a statutory approach and a conceptual approach, through a review of laws and regulations in the field of fisheries and notaries as well as relevant legal doctrines. The results of the study indicate that notary involvement through the creation of authentic deeds can provide legal certainty, increase transparency and accountability, and provide legal protection for all interested parties. Thus, notary involvement can strengthen the legitimacy of the policy of destroying evidence of illegal fishing as part of just law enforcement and based on the principles of the rule of law.
Excellent Service Quality of Land Administration in Response to The Community A Comparative Study of Kendal Regency and Semarang City
This study aims to analyze the quality of excellent land administration services based on community response in two regions with different characteristics, namely Kendal Regency and Semarang City. The main issue examined focuses on differences in community perceptions and experiences of public services in the land sector, particularly regarding the aspects of speed, transparency, and professionalism of officials. The approach used is qualitative with a comparative case study design, which allows researchers to explore social phenomena in depth in a local context. Data were collected through semi-structured interviews, participatory observation, and documentation studies, with participants selected using purposive and snowball sampling. The results of the study identified three main themes, namely: (1) public perceptions of excellent service, (2) responsiveness and professionalism of officials, and (3) transparency and certainty of services. The Kendal community considers the friendliness of officials to be a key aspect of service, but still faces obstacles in terms of certainty of time and cost. Meanwhile, the people of Semarang consider the efficiency and openness of the digital system to be the main advantages, despite the challenge of the digital literacy gap. These findings reinforce the SERVQUAL theory by adding the dimensions of socio-cultural context and service digitalization. Theoretically, this study contributes to the development of adaptive service-based public administration studies, while practically providing recommendations for improving the capacity of officials and integrating inclusive digital service systems. Further research is recommended to explore the aspects of inclusiveness and digital literacy in public services in semi-rural areas.
Legality of Community Agricultural Activities in Forest Areas based on Constitutional Court Decision Number 181/Puu-Xxii/2024
Constitutional Court Decision Number 181/PUU-XXII/2024 opens up legal space for communities living in forest areas to engage in plantation activities, thereby creating new dynamics in Indonesia's forestry legal regime. This ruling has sparked debate because, on the one hand, it strengthens the protection of constitutional rights of the community, but on the other hand, it raises concerns about environmental sustainability and forest area governance. This study aims to analyse the legal implications of the ruling and the challenges of its implementation within the framework of forestry administrative law. This study uses a normative legal research method with a legislative and conceptual approach. The results of the study show that Constitutional Court Decision Number 181 / PUU-XXII / 2024 marks a paradigm shift in forestry management from a repressive approach to a more inclusive and equitable approach, emphasising the principles of proportionality, legal certainty, and recognition of the social reality of the community. However, the implementation of this decision faces serious challenges, particularly related to regulatory disharmony, limited administrative capacity, and the risk of environmental degradation. Therefore, forestry administration law reform is needed that emphasises the principles of legality, good governance, control of discretion, and integration of sustainable development principles so that the protection of community rights and forest conservation can be balanced.
Legal Policy In Forest Management For The Development Of The Capital City Of Nusantara
Pengembangan Ibu Kota Negara (IKN) di Kalimantan Timur memiliki peran besar bagi pengelolaan hutan, mengingat wilayah tersebut didominasi oleh ekosistem hutan tropis dan bekas lokasi pertambangan. Kebijakan pengelolaan hutan dalam pengembangan IKN diarahkan untuk mewujudkan konsep kota hutan lestari, dengan target minimal 65–70% wilayahnya berupa ruang terbuka hijau. Nomor melalui kerangka hukum seperti Undang-Undang 3 Tahun 2022 tentang Ibu Kota Negara, Undang-Undang Kehutanan, dan Peraturan Presiden Nomor 63 Tahun 2022 tentang Rencana Induk IKN, pemerintah telah menegaskan kembali komitmennya terhadap konservasi, rehabilitasi lahan, perlindungan masyarakat adat, dan pengembangan ekonomi hijau. Namun, implementasi kebijakan hukum ini melawan tantangan, seperti tumpang tindih klaim lahan, potensi konflik kepentingan antara pembangunan dan konservasi, serta lemahnya pengawasan dan penegakan hukum lingkungan. Penelitian kebijakan hukum ini, yang didasarkan pada analisis normatif dengan pendekatan legislatif dan konseptual, menyimpulkan bahwa keberhasilan pengelolaan hutan dalam pembangunan IKN tidak hanya bergantung pada regulasi yang ada, tetapi juga pada implementasi yang konsisten, sinergi antarlembaga, dan keterlibatan aktif masyarakat lokal dan adat. Dengan demikian, kebijakan hukum pengelolaan hutan di IKN diharapkan dapat menjadi model pembangunan berkelanjutan yang menyeimbangkan kepentingan, ekonomi, dan sosial.
The Integration Model of Malay Jambi Customary Law Values into the National Legal System for the Resolution of Customary Land Compensation Disputes
Agrarian conflicts in Jambi Province, particularly those related to compensation for customary land (tanah ulayat), reveal the weak integration between customary law and positive law in protecting indigenous peoples’ rights. This study aims to analyze the implementation of compensation for customary land in Jambi and formulate a model of integrating Malay Jambi customary law values into the national legal system. The research employed a normative juridical method with conceptual and evaluative approaches, supported by secondary empirical data from civil society organizations such as WALHI, BRWA, and AMAN. The findings indicate that compensation practices in Jambi emphasize individual cash payments, disregarding the communal nature and spiritual dimensions of customary land. This situation is often exacerbated by the criminalization of indigenous communities in disputes with corporations, further weakening their bargaining position in conflict resolution. As a solution, this study proposes the HARMONI-ULAYAT Model, a framework for integrating the spiritual, social, participatory, and collective sovereignty values of Malay Jambi customary law into positive law. This model can take the form of local policies, administrative regulations, or hybrid tribunals to institutionalize adat-based conflict resolution. This article contributes to the development of agrarian and customary law studies and provides a reference for more responsive policies toward substantive justice.
Legal Cases Regarding Online Loans Relating to Violations of Contract Agreements and Debtor Data Protection
The expansion of online lending services (peer-to-peer lending) in Indonesia has facilitated easier access to credit but simultaneously introduces legal risks related to contract breaches and the protection of borrowers’ personal data. This study adopts a literature review approach to examine actual cases and the relevant legal framework, including the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. The analysis reveals that, despite the existing regulations, online lending practices remain susceptible to issues such as excessive interest rates, unauthorized dissemination of personal data, and aggressive debt collection practices. Ensuring effective legal protection necessitates comprehensive consumer education, stringent regulatory oversight, and rigorous enforcement of sanctions. This study contributes to understanding the legal challenges within the fintech sector and highlights the critical importance of safeguarding consumers to maintain a fair and secure online lending environment.