Accreditated "S3" by the Ministry of Research-Technology and Higher Education Republic of Indonesia Initials Rechtsidee DOI prefix 10.21070 Citation Analysis SCOPUS | Web of Science | Dimensions | Google Scholar Index Services DOAJ | Google Scholar | Complete List ISSN (online) 2443-3497 ISSN (Print) 2338-8595 Publisher Universitas Muhammadiyah Sidoarjo Editor in Chief Mochammad Tanzil Multazam Managing Editor Rifqi Ridlo Phahlevy Frequency 2 (two) issues per year (June and December) RECHTSIDEE is a distinguished academic journal dedicated to fostering advanced scholarship in the broad field of Legal Studies and Human Rights. The journal serves as a dynamic forum for the publication of original research articles, illuminating reviews, and insightful book critiques, inviting contributions from academics, analysts, and practitioners alike. Our mission is to enhance the depth and breadth of legal discourse by focusing on diverse legal disciplines including, but not limited to, Civil Law, Islamic Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, and Philosophy of Law. The journal maintains a special emphasis on research pertaining to Human Rights, underlining our commitment to a legal ecosystem that upholds justice, fairness, and dignity for all. In its pursuit of scholarly excellence, RECHTSIDEE strives to shape the global conversation on critical legal issues, informing policy, and inspiring innovation.
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Substantive Justice in Law Enforcement against Nominee Account Crimes from the Perspective of Aristotle and H.L.A. Hart's Philosophy
General Background: The rapid development of financial systems and information technology has intensified complex economic crimes, including the misuse of nominee accounts to conceal beneficial ownership. Specific Background: In Indonesia, law enforcement often remains trapped in formalistic approaches that focus on nominal account holders, overlooking substantive perpetrators behind nominee structures. Knowledge Gap: This condition reveals a gap between formal legal responsibility and substantive justice, where moral culpability and true control over assets are insufficiently addressed in positive law enforcement practices. Aims: This study aims to analyze the application of substantive justice in handling crimes involving nominee accounts through the philosophical perspectives of Aristotle and H.L.A. Hart. Results: Using a normative-juridical and philosophical approach, the study finds that effective law enforcement should assess legal responsibility based on actual control, intent, and benefit, rather than mere formal ownership. Novelty: By integrating Aristotle’s concepts of distributive and corrective justice with Hart’s theory of legal rules and moral reasoning, this study offers a synthesized philosophical framework for penetrating legal formalism in nominee-related crimes. Implications: The findings imply the need for a paradigm shift in Indonesian law enforcement toward substantively just, morally grounded, and proportionate accountability to ensure that law functions as an instrument of genuine justice rather than procedural compliance alone. Highlights: Emphasizes the need to move beyond formal ownership toward identifying the true beneficial owner in nominee-based crimes. Integrates classical moral philosophy and modern legal theory to strengthen substantively just law enforcement. Highlights the urgency of reforming Indonesian legal practices to align legal certainty with moral accountability. Keywords: Substantive Justice, Nominee Accounts, Legal Formalism, Aristotle, H.L.A. Hart
Copyright (c) 2025 Beren Rukur Ginting, Albert Huppy Wounde, Fendi Setyawan, M. Arief Amrullah (Author) https://creativecommons.org/licenses/by/4.0
Criminal Law Enforcement Corruption Against State-Owned Enterprises After The Enactment of The SOE Law In 2025
General Background: State-Owned Enterprises (SOEs) play a strategic role in Indonesia’s welfare-state framework but remain highly vulnerable to corruption, particularly due to long-standing ambiguities in the legal status of SOE assets. Specific Background: The enactment of Law No. 1 of 2025 and Law No. 16 of 2025 fundamentally redefines SOEs as pure corporate entities by separating SOE assets from state finances and adopting the Business Judgment Rule (BJR). Knowledge Gap: Despite these reforms, there is limited scholarly clarity on how corruption law enforcement should be applied to SOEs after 2025, especially in distinguishing business risk from criminal abuse of authority. Aims: This study analyzes the direction and implications of corruption law enforcement against SOEs following the 2025 SOE Law. Results: Using a normative legal method and case-based analysis of the LPEI, PT BRI, and PT Perindo cases, the study finds that SOE accountability may shift to the public domain when losses arise from conflicts of interest or abuse of authority, thereby nullifying BJR protection. Novelty: This research is among the first to systematically examine corruption enforcement under the post-2025 SOE legal regime using recent cases. Implications: The findings emphasize the need for clear enforcement guidelines to prevent the misuse of BJR while ensuring legal certainty and effective anti-corruption measures in SOEs. Highlights: Asset Separation: SOE assets are legally distinguished from state finances, altering the basis for determining public financial loss. BJR Limitation: The Business Judgment Rule protects good-faith decisions but does not apply where conflicts of interest or abuse of authority exist. Enforcement Direction: Corruption law remains applicable to SOEs when corporate governance failures shift accountability to the public domain. Keywords: State-Owned Enterprises, Corruption Law Enforcement, Business Judgment Rule, Corporate Accountability, Legal Reform
Copyright (c) 2025 Medina Loren, Handoyo Prasetyo (Author) https://creativecommons.org/licenses/by/4.0
Consent Capacity of Persons with Disabilities in Sexual Relations: A Comparative Legal Study of Indonesia, Canada, and the United Kingdom
Background (General): Consent serves as the central boundary distinguishing lawful sexual relations from criminal sexual violence. Background (Specific): For persons with disabilities, assessing consent becomes more complex due to cognitive, mental, physical, or sensory limitations that may affect their ability to understand and communicate agreement. Knowledge Gap: Indonesian criminal law, including the UU TPKS, lacks explicit definitions of consent and standardized indicators for determining consent capacity, unlike jurisdictions such as the United Kingdom and Canada. Aim: This study examines Indonesia’s legal framework on sexual consent and evaluates the absence of consent-capacity standards for persons with disabilities through comparative analysis with UK and Canadian regulations. Results: Findings show that Indonesian law narrowly associates non-consent with coercion or threats, failing to consider cognitive incapacity, whereas the UK (Sexual Offences Act 2003; Mental Capacity Act 2005) and Canada (Criminal Code Section 153.1) provide clear criteria for assessing mental ability, voluntariness, and relational power imbalance. Novelty: This research identifies the structural legal gap in Indonesian consent-capacity regulation and proposes a model grounded in comparative jurisprudence. Implications: The study underscores the urgent need for legal reform to establish explicit consent-capacity standards, strengthening protection against sexual exploitation of persons with disabilities. Highlights: Highlights the absence of explicit consent-capacity standards in Indonesian law. Shows how UK and Canada provide clearer protections through defined legal criteria. Emphasizes the urgency of legal reform to safeguard persons with disabilities from exploitation. Keywords: Consent Capacity, Sexual Consent, Persons With Disabilities, Comparative Law, Indonesian Criminal Law
Copyright (c) 2025 Sayyidina Azzahra, Rugun Romaida Hutabarat (Author) https://creativecommons.org/licenses/by/4.0
Criminal Liability for Child Grooming Operational Patterns in Mobile Legends Online Gaming
General Background—The rapid expansion of digital interactive spaces has intensified risks of non-physical sexual violence against children, particularly through online gaming platforms; Specific Background—Mobile Legends, one of Indonesia’s most popular multiplayer games, offers communication features that have been exploited by perpetrators to conduct child grooming through gradual trust-building and manipulation; Knowledge Gap—Indonesian criminal law does not explicitly regulate child grooming as a standalone offense, creating uncertainty in attributing criminal liability at pre-physical stages; Aims—This study analyzes the criminal liability of child grooming perpetrators operating through Mobile Legends within the framework of Indonesian law; Results—Using a normative juridical method, the study finds that perpetrators’ actions satisfy the elements of actus reus and mens rea under existing statutes, including child protection, electronic information, and sexual violence laws, even without physical contact; Novelty—The research integrates criminal liability theory with empirically identified grooming patterns in online gaming environments, emphasizing accountability at the preparatory and psychological manipulation stages; Implications—The findings suggest that while current laws can substantively address digital child grooming through systematic interpretation, effective enforcement requires enhanced digital forensic capacity, child-centered reporting mechanisms, and stronger collaboration with game platform providers to ensure comprehensive child protection in the digital era. Highlights: Digital Modus Operandi — Child grooming in Mobile Legends occurs through staged psychological manipulation using in-game and external communication features. Legal Accountability — Even without physical contact, grooming actions fulfill actus reus and mens rea under Indonesian child protection, ITE, and TPKS laws. Regulatory Urgency — The absence of explicit grooming provisions highlights the need for clearer norms and stronger digital law enforcement mechanisms. Keywords: Child Grooming, Online Gaming, Criminal Liability, Digital Sexual Violence, Indonesian Law
Copyright (c) 2025 Amanda Maharani Fachri, Beniharmoni Harefa (Author) https://creativecommons.org/licenses/by/4.0
Strengthening the Role of the Corruption Eradication Commission in Preventing Corruption through the Illicit Enrichment Approach in LHKPN Reporting
General Background: Corruption remains a persistent systemic problem in Indonesia, prompting preventive strategies centered on transparency and accountability of public officials. Specific Background: The Corruption Eradication Commission (KPK) administers the State Officials’ Wealth Report (LHKPN) as a preventive instrument; however, its implementation is weakened by low compliance, data inaccuracy, and the absence of stringent sanctions. Knowledge Gap: Although Indonesia has ratified the United Nations Convention against Corruption (UNCAC), the Illicit Enrichment mechanism mandated therein has not been substantively integrated into the national legal framework to reinforce LHKPN. Aims: This study examines the prospects of incorporating the Illicit Enrichment concept into Indonesian regulations to strengthen LHKPN as an effective tool for corruption prevention. Results: The findings indicate that adopting Illicit Enrichment could enhance substantive verification of LHKPN, ensure accountability of asset disclosures, and provide a legal basis for follow-up actions against unexplained wealth. Novelty: This study offers a focused legal analysis linking Illicit Enrichment directly to the strengthening of LHKPN as a preventive mechanism rather than solely as a punitive tool. Implications: Regulating Illicit Enrichment in Indonesia would bolster the preventive mandate of the KPK, improve asset transparency, and contribute to more effective corruption deterrence through enhanced legal certainty and enforcement. Highlights: Administrative-only LHKPN sanctions weaken deterrence and reduce asset declaration accountability. Illicit enrichment criminalization enables substantive verification of abnormal wealth growth in LHKPN. Strengthened enforcement supports investigation escalation and asset recovery for unexplained wealth. Keywords: Corruption Prevention, Illicit Enrichment, LHKPN, Asset Transparency, KPK
Copyright (c) 2025 Khurulaini Syahwa Winharli (Author) https://creativecommons.org/licenses/by/4.0
Implication of The Strict Liability Principle in Immigration Criminal Cases in Indonesia
General background: Immigration governance functions as a selective mechanism to safeguard national security amid increasing foreign arrivals and recurring administrative infractions. Specific background: Despite Indonesia’s commitment to the principle of geen straf zonder schuld, immigration law uniquely allows punishment based solely on the fulfillment of objective elements such as overstay, unlawful entry, or presence in prohibited areas. Knowledge gap: Although the strict liability principle is applied in court decisions, its legal basis remains implicit due to the absence of explicit statutory provisions detailing which immigration offenses fall under this doctrine. Aims: This research analyzes the application, legal foundations, and consequences of strict liability within immigration criminal proceedings. Results: Findings reveal significant inconsistencies between legislative norms and judicial practice, posing risks to legal certainty, fairness, and the protection of suspects’ procedural rights. Novelty: The study identifies critical normative gaps that permit broad administrative discretion and potential overcriminalization. Implications: Clearer statutory formulation and strengthened procedural safeguards are necessary to balance state security interests with substantive justice and human rights protections. Highlights: Strict liability in immigration law is applied implicitly, creating uncertainty in defining which offenses qualify. This principle conflicts with the fundamental doctrine of geen straf zonder schuld, potentially weakening suspect rights. Clearer statutory regulation is needed to prevent overreach and ensure proportional, just enforcement. Keywords: Strict Liability, Immigration Law, Legal Certainty, Mens Rea, Fair Trial
Copyright (c) 2025 Azka Irtikha Radhin, Yuliana Yuli (Author) https://creativecommons.org/licenses/by/4.0
Optimizing the Enforcement of Asset Forfeiture as an Additional Penalty for Corruption Offenders to Recover State Losses
Corruption continues to generate substantial state losses in Indonesia, while enforcement strategies still prioritize imprisonment over effective asset recovery, leaving illicit proceeds beyond the reach of the state. This study aims to evaluate the legal framework and enforcement barriers of asset forfeiture as an additional penalty for corruption and to assess the reform potential of non-conviction based asset forfeiture for accelerating recovery of state losses. Using a normative juridical design, the research applies statutory and conceptual approaches through systematic analysis of the Indonesian Criminal Code, anti-corruption legislation, anti-money laundering provisions, and the Draft Law on Asset Forfeiture of Criminal Acts. The study finds that although asset forfeiture is legally recognized, implementation remains weak due to integrity deficits in law enforcement, fragmented legal instruments, and limited operational effectiveness in tracing and confiscating proceeds of corruption. As a result, asset recovery outcomes are frequently suboptimal and deterrence effects are diluted. The key novelty is the policy argument that a comprehensive non-conviction based asset forfeiture regime, as advanced in the draft legislation, can enable confiscation of illicit assets even when criminal conviction is unattainable, thereby closing enforcement gaps that conventional conviction-based forfeiture cannot address. The findings imply that legal reform should institutionalize non-conviction based asset forfeiture alongside stronger due process safeguards, interagency coordination, and anti-money laundering alignment to improve corruption deterrence and measurably increase recovery of state losses. Highlights: Current forfeiture enforcement gaps sharply limit corruption asset recovery and state loss restitution. Non-conviction based forfeiture enables confiscation when prosecution fails through death, flight, or absconding. Comprehensive forfeiture legislation strengthens due process, interagency coordination, and corruption deterrence outcomes Keywords: Non-Conviction Based Forfeiture, Asset Recovery, Corruption Deterrence, Financial Crime Governance, Anti-Money Laundering, Legal Reform
Copyright (c) 2025 Syana Mifta Salsabila, Bambang Waluyo (Author) https://creativecommons.org/licenses/by/4.0
The Application of Restorative Justice-Based Penal Mediation at the Batu District Attorney's Office
General Background: Criminal justice reform in Indonesia increasingly emphasizes restorative justice as a humane alternative to retributive approaches, particularly through penal mediation. Specific Background: The issuance of Regulation of the Prosecutor’s Office No. 15 of 2020 mandates the optimization of penal mediation to resolve criminal cases by prioritizing victim recovery and social harmony, as implemented by the Batu District Attorney’s Office. Knowledge Gap: Existing studies largely focus on normative or philosophical dimensions of penal mediation, leaving limited empirical analysis on its practical implementation at the prosecutorial level. Aims: This study examines the application of restorative justice–based penal mediation at the Batu District Attorney’s Office, identifies implementation barriers, and formulates an ideal model for optimization. Results: Empirical findings reveal that penal mediation has been implemented in accordance with the regulation, resolving nine cases in 2024, yet faces obstacles including victim unwillingness, recidivism, compensation disputes, and limited procedural timeframes. Novelty: This research offers an empirical, practice-oriented analysis of restorative penal mediation within a district prosecutor’s office context, filling a gap in implementation-focused scholarship. Implications: Strengthening internal regulations, extending mediation time limits, and enhancing specialized training for prosecutors are crucial to ensure legal certainty, effectiveness, and sustainable restorative justice outcomes. Highlights: Implementation of restorative justice–based penal mediation aligns with Regulation No. 15 of 2020 but remains procedurally constrained. Practical barriers include victim resistance, recidivism, compensation disputes, and limited mediation timeframes. Institutional strengthening through internal regulations and specialized prosecutor training is essential for effective mediation outcomes. Keywords: Prosecutorial Authority, Penal Mediation, Restorative Justice, Criminal Case Resolution, Legal Reform
Copyright (c) 2025 Adhi Satyo Wicaksono (Author) https://creativecommons.org/licenses/by/4.0
Criminal Law Enforcement against Illegal Gold Mining (Study of Decision No. 153/Pid.Sus/2023/PN.Mdl)
General Background: Illegal gold mining has long served as a vital economic lifeline for communities in Lingga Bayu District, Mandailing Natal Regency. Specific Background: Despite its deep-rooted presence and socio-economic significance, such mining activities persist without formal governmental authorization, creating tension between legal norms and community livelihoods. Knowledge Gap: Existing legal enforcement often emphasizes punitive action, yet overlooks the structural socio-economic challenges faced by traditional miners. Aims: This study examines the implementation of criminal law enforcement against illegal gold mining and evaluates the fairness and justice outcomes of Decision Number 153/Pid.Sus/2023/PN Mdl by the Mandailing Natal District Court. Results: Findings indicate that while law enforcement adheres to normative legal standards and ensures legal certainty, it falls short in delivering substantive justice and long-term legal benefits for local miners. Novelty: The study highlights the misalignment between repressive legal mechanisms and the socio-cultural realities of community-based mining practices, advocating for a shift from a purely legalistic approach to one that is humanistic and transformative. Implications: The research suggests a need for integrative legal reform, including affirmative policies for people's mining legalization, to achieve holistic and sustainable justice for marginalized mining communities. Highlights: Highlights the gap between legal enforcement and local socio-economic realities. Critiques the repressive nature of criminal law against traditional miners. Proposes a transformative and inclusive legal reform model. Keywords: Illegal Mining, Law Enforcement, Community Justice, Court Decision, Humanistic Approach
Copyright (c) 2025 Xhifa Mayputeri Melati, Budi Sastra Panjaitan (Author) https://creativecommons.org/licenses/by/4.0
A Juridical Analysis of the Cancellation of Registered Trademarks Due to Non-Use: A Comparative Study of Indonesian and UK Law
General background: Legal protection of trademarks is fundamental to ensuring fairness and business certainty because exclusive rights apply only when marks are continuously used. Specific background: In Indonesia, cancellation of trademarks due to non-use for three consecutive years under Article 74 of Law No. 20/2016 remains challenging despite clear statutory provisions. Knowledge gap: Inconsistent judicial interpretations and the absence of uniform evidentiary standards create ongoing legal uncertainty. Aims: This study examines Indonesia’s mechanism for cancelling unused trademarks and compares it with the United Kingdom’s revocation system. Results: The findings show that Indonesia faces difficulties in proving non-use and maintaining consistent legal reasoning, while the UK—through the Trademarks Act 1994—implements structured administrative procedures, defined evidentiary criteria, and opportunities for non-litigation resolution. Novelty: This research offers a detailed comparative analysis that exposes procedural weaknesses in Indonesia when contrasted with a more mature and transparent system. Implications: The study suggests that Indonesia must strengthen evidentiary standards and refine administrative processes to enhance legal certainty, prevent passive monopolies, and reinforce effective trademark protection in modern commerce. Highlights: Focuses on cancellation of registered trademarks due to non-use in Indonesia and the UK. Identifies legal uncertainty in Indonesia from inconsistent interpretation of “three consecutive years” and proof standards. Highlights the UK’s clearer, more structured revocation procedures as a model for improving Indonesian law. Keywords: Trademark Cancellation, Non-Use, Legal Protection, Revocation
Copyright (c) 2025 Cicelly Chiesa Kurniawan, Ariawan Gunadi (Author) https://creativecommons.org/licenses/by/4.0
A Comparative Study on Legal Protection for Consumers Using Digital Lending Services in Indonesia and Singapore from the Perspective of Legal Development Theory
General Background: The rapid expansion of digital lending in Indonesia and Singapore reflects a broader transformation in financial technology that demands stronger regulatory safeguards. Specific Background: Despite regulatory efforts, Indonesia continues to face challenges of weak supervision, low industry compliance, and high exposure to illegal platforms, whereas Singapore has established a more structured and integrated regulatory model. Knowledge Gap: Comparative analyses examining both countries’ legal frameworks through the lens of Legal Development Theory remain limited, particularly regarding their effectiveness in ensuring consumer protection. Aims: This study analyzes and compares the legal protection mechanisms governing digital lending in Indonesia and Singapore while assessing their alignment with legal development principles. Results: Findings show Indonesia relies on POJK 40/2024, Consumer Protection Law, and Personal Data Protection Law, yet enforcement remains inconsistent; in contrast, Singapore’s Payment Services Act, CPFTA, PDPA, and MAS compliance-based supervision ensure stronger preventive regulation and more efficient dispute resolution. Novelty: This research integrates comparative regulatory analysis with Legal Development Theory to reveal differing developmental orientations of both jurisdictions. Implications: Strengthening supervisory capacity and enforcement is essential for Indonesia to build a safer, equitable, and innovation-supportive digital lending ecosystem. Highlights: Strong contrast exists between Indonesia’s fragmented enforcement and Singapore’s integrated MAS-led regulatory model. Singapore emphasizes preventive, risk-based oversight, while Indonesia remains largely reactive to emerging problems. Effective consumer protection hinges not only on regulation completeness but also on consistent supervision and institutional capacity. Keywords: Digital Lending, Consumer Protection, Fintech Regulation, Legal Development Theory, Comparative Law
Copyright (c) 2025 Rizky Febrianto, Ariawan Gunadi (Author) https://creativecommons.org/licenses/by/4.0
Issuer Compliance with Disclosure Principles in Insider Trading in the Indonesian Capital Market: A Comparative Study with Singapore and the United States from an Investor Protection Perspective
General Background: Insider trading and weak information disclosure undermine market integrity and investor protection. Specific Background: In Indonesia, disclosure obligations under the Capital Market Law, OJK regulations, and IDX rules remain limited in timeliness, insider categorization, and enforcement compared to Singapore and the United States. Knowledge Gap: Existing studies have not systematically compared issuer compliance with disclosure principles across these jurisdictions to assess their effectiveness in preventing insider trading. Aims: This study analyzes Indonesia’s disclosure framework, compares it with Singapore and the U.S., and evaluates necessary reforms to enhance investor protection. Results: Findings show Indonesia’s two-day disclosure window, narrow insider definition, and predominantly administrative sanctions weaken deterrence, while Singapore’s immediate disclosure model and the U.S.’s broad misappropriation theory, real-time surveillance, and strong enforcement provide higher compliance and detection levels. Novelty: This research integrates doctrinal, conceptual, and comparative analyses to demonstrate how adopting broader insider definitions, accelerated disclosure, and technology-driven monitoring can strengthen Indonesia’s regulatory structure. Implications: Strengthening OJK–IDX integration, enhancing surveillance capacity, reforming insider trading provisions, and adopting international best practices are essential to improving market transparency and long-term investor confidence. Highlights: Indonesia’s disclosure rules remain slower and less comprehensive than Singapore and the U.S. Broader insider definitions and real-time surveillance improve detection and deterrence. Strengthened OJK–IDX integration is essential for effective enforcement and investor protection. Keywords: Insider Trading, Disclosure, Investor Protection, Capital Market Regulation, Comparative Study
Copyright (c) 2025 Hanz Bryan Joeliant, Ariawan Gunadi (Author) https://creativecommons.org/licenses/by/4.0
Sanctions Against Working Groups for the Selection of Goods/Services Providers in Cases of Tender Collusion (Study: Comparison between Indonesia and Malaysia)
The general background of this study is the persistent dominance of tender collusion in Indonesia’s procurement sector, which undermines fair competition and public welfare. The specific background focuses on KPPU Decision No. 15/KPPU-L/2023, where the Working Group (POKJA) was proven negligent but exempted from sanctions due to its unclear legal status under Law No. 5/1999. The knowledge gap lies in the absence of explicit regulatory authority to sanction POKJA, creating ambiguity in defining “other parties” within tender collusion provisions. The aim of this research is to compare Indonesia’s regulatory framework with Malaysia’s system, which empowers MYCC to impose administrative sanctions directly on public officials involved in bid rigging. The results show that Malaysia’s Competition Act 2010 provides broader investigative and enforcement powers, enabling more effective deterrence, while Indonesia relies on fragmented administrative mechanisms that weaken accountability. The novelty of this study is its comparative legal analysis demonstrating how dual-authority competition bodies enhance integrity in public procurement. The implications highlight the urgency to revise Law No. 5/1999, clarify POKJA’s legal standing, and establish expert data-analysis bodies to strengthen preventive measures against future tender collusion. Highlights: Indonesia’s weak sanctioning framework leaves POKJA’s accountability unclear in tender collusion cases. Malaysia’s MYCC demonstrates stronger enforcement through integrated administrative and public powers. Reform of Law No. 5/1999 is essential to strengthen oversight and prevent future bid-rigging practices. Keywords: Tender Collusion, POKJA, Competition Law, MYCC , Procurement Governance
Copyright (c) 2025 Liametami Benedicta Bukit, Heru Sugiyono (Author) https://creativecommons.org/licenses/by/4.0
About Sovereign Wealth Fund : Comparative Study Between Daya Anagata Nusantara and 1Malaysia Development Berhad
General Background: Sovereign Wealth Funds (SWFs) function as state-owned investment instruments designed to support macroeconomic stability and long-term development. Specific Background: Indonesia’s Danantara and Malaysia’s 1MDB represent two national models with shared objectives but divergent governance outcomes. Knowledge Gap: Despite Danantara’s strategic role in state-asset consolidation, limited research has compared its legal foundation and governance vulnerabilities with the failed 1MDB model. Aims: This study examines the governance structures, legal legitimacy, and oversight mechanisms of Danantara in comparison with 1MDB to identify potential risks. Results: Findings show that both institutions exhibit similarities in centralized executive control, ambiguous regulatory frameworks, and insufficiently independent auditing processes, creating vulnerabilities to conflicts of interest and weakened accountability. Novelty: This research provides an early, systematic legal-comparative assessment of Danantara, highlighting structural parallels with 1MDB before similar governance failures materialize. Implications: Strengthening Danantara’s sui generis legal basis, clarifying institutional status, and reinforcing checks-and-balances mechanisms are critical to preventing maladministration, ensuring transparency, and safeguarding national assets. Highlights: Danantara and 1MDB share governance risks rooted in concentrated executive authority. Weak legal frameworks and unclear institutional status heighten vulnerability to maladministration. Strengthening oversight, transparency, and checks-and-balances is crucial to prevent 1MDB-like failures. Keywords: Danantara, 1MDB, Sovereign Wealth Fund, Governance, Legal Accountability
Copyright (c) 2025 Putiara Nalasatya (Author) https://creativecommons.org/licenses/by/4.0
Comparative Study of Greenwashing Practices in Consumer Protection Between Indonesia, the Netherlands, and Singapore
General background: As global environmental awareness rises, corporations increasingly use sustainability claims to attract consumers, yet many of these claims constitute greenwashing that misleads the public about environmental benefits. Specific background: This practice undermines environmental protection efforts and erodes consumer trust, especially in Indonesia, where legal instruments addressing greenwashing remain limited. Knowledge gap: Previous research has explored corporate responsibility and consumer rights, but few studies have compared cross-country legal protections against greenwashing. Aims: This study analyzes and compares the legal frameworks and enforcement mechanisms for consumer protection against greenwashing in Indonesia, the Netherlands, and Singapore. Results: The findings show that Indonesia relies on general provisions within its Consumer Protection and Environmental Laws, while the Netherlands enforces binding EU directives through strong oversight institutions such as the ACM. Singapore combines the Consumer Protection (Fair Trading) Act with the regulatory authority of ASAS. Novelty: This study introduces a comparative legal analysis highlighting the need for Indonesia to strengthen its regulatory framework and establish a specialized supervisory body for greenwashing cases. Implications: The study contributes to developing more transparent and accountable consumer protection mechanisms that advance global sustainability objectives. Highlights: Highlights gaps in Indonesia’s legal framework on greenwashing. Compares consumer protection systems in Indonesia, the Netherlands, and Singapore. Recommends stronger, specialized oversight for sustainability claims. Keywords: Greenwashing, Consumer Protection, Comparative Law, Sustainability, Regulation
Copyright (c) 2025 Helen Hervinia Hariyanto, Dwi Desi Yayi Tarina (Author) https://creativecommons.org/licenses/by/4.0
Legal Liability for Violations of Outsourced Workers’ Rights in Indonesia from the Perspective of Comparative Joint Liability Principles in Spain and the Philippines
General Background: The widespread adoption of outsourcing in Indonesia aims to enhance corporate flexibility and efficiency. Specific Background: Despite comprehensive regulation under UU 13/2003, UU 6/2023, and PP 35/2021, outsourced workers frequently experience violations of fundamental rights due to unclear allocation of legal responsibilities between outsourcing providers and user companies. Knowledge Gap: Existing Indonesian regulations place full liability solely on outsourcing companies, leaving limited legal remedies when providers fail to fulfil obligations, unlike countries applying joint liability. Aims: This study analyzes Indonesia’s legal framework on outsourced workers’ rights and compares it with the joint liability principles adopted in Spain and the Philippines. Results: Findings indicate that Indonesia’s system creates structural protection gaps, while Spain and the Philippines impose solidary responsibility on both provider and user companies, ensuring stronger enforcement of wages, social security, and working conditions. Novelty: This research provides a comparative legal perspective demonstrating how joint liability can operate as an equitable mechanism for outsourced worker protection. Implications: Adoption of joint liability in Indonesia could enhance legal certainty, prevent responsibility evasion, and strengthen workers’ access to remedies, offering a policy alternative for future legislative reform. Highlights: Indonesia’s current framework places full responsibility on outsourcing providers, creating protection gaps. Spain and the Philippines strengthen worker rights through solidary (joint) liability between providers and user companies. Joint liability offers a viable reform option to enhance fairness and legal certainty for outsourced workers in Indonesia. Keywords: Outsourcing, Legal Liability, Joint Liability, Worker Protection, Comparative Labor Law
Copyright (c) 2025 Nadya Christina, Ariawan Gunadi (Author) https://creativecommons.org/licenses/by/4.0
Legal Force of Administrative Remedies in the Settlement of State Administrative Disputes
General Background: Indonesia, as a constitutional state, mandates that administrative actions adhere to legal norms, where administrative dispute resolution mechanisms play a vital role in ensuring justice and accountability in governance. Specific Background: The existence of administrative remedies—comprising objections and administrative appeals—serves as a non-judicial mechanism designed to resolve conflicts internally before proceeding to the State Administrative Court (PTUN). However, inconsistencies between Law No. 5/1986, Law No. 30/2014, and Supreme Court Regulation No. 6/2018 have created uncertainty regarding the obligatory nature of these remedies. Knowledge Gap: Limited research has comprehensively analyzed the binding legal force of administrative remedies and their implications for legal certainty and access to justice. Aims: This study aims to analyze the legal force and implications of administrative remedies in resolving state administrative disputes. Results: Findings show that administrative objections generally lack binding legal force and function more as recommendations, while administrative appeals possess stronger but under-implemented authority. Novelty: The research highlights disharmony among the relevant legal frameworks and its effect on the principle of exhaustion of administrative remedies. Implications: Strengthening the effectiveness and accountability of administrative remedies is crucial to enhance access to justice and ensure legal certainty within Indonesia’s administrative law system. Highlights: Examines the inconsistency between laws regulating administrative remedies. Identifies the weak binding power of objections and limited efficacy of appeals. Highlights the need for stronger accountability to ensure access to justice. Keywords: Legal Force, Administrative Remedies, State Administrative Disputes, Legal Certainty, Access to Justice
Copyright (c) 2025 Putri Julian Masbait, Hendrik Salmon, Dezonda R. Pattipawae (Author) https://creativecommons.org/licenses/by/4.0
Reconstructing the Authority of Village Heads in a Democratic Local Government System
General Background: The authority of the Lurah (urban village head) plays a pivotal role in Indonesia’s regional governance, yet it is often hindered by overlapping regulations and the complexities of regional autonomy. Specific Background: Regulatory evolution and decentralization have created inconsistencies in defining the Lurah’s scope of power. Knowledge Gap: Limited scholarly work has addressed the disharmony between attributive, delegative, and mandate-based authorities in the context of democratic governance and Administrative Law. Aim: This study seeks to reconstruct the Lurah’s authority to ensure greater alignment with democratic principles and the General Principles of Good Governance (AUPB). Results: Through a normative juridical method, combining statutory and conceptual approaches with case studies in major Indonesian cities, the findings reveal significant regulatory disharmony and insufficient AUPB integration. Novelty: The research proposes a participatory, responsive, and legally coherent framework for defining the Lurah’s authority, emphasizing clarity, accountability, and democratic legitimacy. Implications: Strengthening the Lurah’s authority within a transparent and participatory legal structure is essential for enhancing the effectiveness and legitimacy of local governance in Indonesia. Highlights: Clarifies Lurah’s authority to avoid overlap. Aligns governance with AUPB and democracy. Proposes participatory and accountable framework. Keywords: Lurah Authority, Regional Governance, Administrative Law, Good Governance, Democratic Principles
Copyright (c) 2025 Indira Tanty Susanti, Rusdianto Sesung (Author)
Exploitation of Thai Women in Georgia In Vitro Fertilization Practices
General Background: The global rise in assisted reproductive technologies, particularly in vitro fertilization (IVF), has created a transnational market often intertwined with ethical and human rights concerns. Specific Background: In Georgia, weak regulatory frameworks have facilitated exploitative IVF practices involving Thai women, revealing patterns of reproductive trafficking masked as legitimate medical services. Knowledge Gap: While both Thailand and Georgia have ratified international conventions such as CEDAW and the Palermo Protocol, the practical enforcement of these instruments in cross-border IVF contexts remains underexplored. Aims: This study aims to analyze the exploitation of Thai egg donors in Georgia through a human rights lens, identifying legal shortcomings and proposing measures aligned with international norms. Results: Findings indicate that the exploitation constitutes human trafficking under the Palermo Protocol, highlighting a regulatory vacuum that prioritizes commercial profit over women’s bodily autonomy and informed consent. Novelty: The research bridges reproductive ethics, international human rights law, and feminist legal theory to expose how IVF commercialization enables structural gender-based exploitation. Implications: The study underscores the necessity for harmonized transnational regulation, implementation of Mutual Legal Assistance (MLA) frameworks, and adoption of global ethical standards to ensure reproductive justice and protect women from exploitation in assisted reproductive industries. Highlights: Highlights the exploitation of Thai women in Georgia’s IVF industry as a form of human trafficking. Reveals the regulatory vacuum and weak enforcement of international human rights standards. Proposes cross-border legal harmonization through Mutual Legal Assistance (MLA) to protect women’s rights. Keywords: In Vitro Fertilization, Human Trafficking, Egg Donation, Reproductive Rights, Legal Regulation
Copyright (c) 2025 Nida Syahla Hanifah, Muhammad Rizki Yudha Prawira (Author) https://creativecommons.org/licenses/by/4.0
Obstacles and Challenges in Implementing Flogging Law for Khalwat Offenders
General Background: Aceh Province holds a special status in Indonesia, allowing the formal implementation of Islamic sharia through Qanun, including sanctions for khalwat (seclusion between non-mahram individuals). Specific Background: Qanun Jinayat No. 6/2014 explicitly categorizes khalwat as a jarimah punishable by flogging, but its enforcement in Aceh Tenggara remains inconsistent and contested. Knowledge Gap: Previous studies largely examined normative or localized aspects, leaving insufficient exploration of the multidimensional obstacles—structural, cultural, juridical, and procedural—that undermine the law’s effectiveness. Aims: This study seeks to identify, analyze, and evaluate the obstacles and challenges faced in enforcing flogging sanctions against khalwat perpetrators in Aceh Tenggara, and to formulate strategic solutions. Results: Findings reveal that weak institutional capacity, limited training, overlapping legal norms, community resistance, and social pressures on law enforcement significantly hinder consistent and fair implementation. Novelty: Unlike earlier works, this study provides a comprehensive analysis that integrates legal theory with empirical insights, offering a holistic view of enforcement challenges. Implications: Strengthening inter-agency coordination, enhancing officer capacity, and promoting community legal awareness are essential to ensure that sharia enforcement in Aceh is more effective, just, and contextually responsive to societal dynamics. Highlights: Structural, cultural, and juridical barriers weaken effective implementation. Social resistance and weak institutional capacity hinder law enforcement. Strengthening officer training and inter-agency coordination is crucial. Keywords: Flogging Law, Khalwat, Qanun Jinayat, Legal Enforcement
Copyright (c) 2025 Wulan Dari, Imam Yazid (Author) https://creativecommons.org/licenses/by/4.0
Appointment of Notaries under Indonesian and Singaporean Law
General Background: Notaries play a vital role in society by providing legal certainty through authentic deeds. Specific Background: However, their status and appointment processes vary significantly depending on the legal system of a country. Knowledge Gap: There is limited comparative analysis regarding the appointment of notaries in civil law countries like Indonesia and common law countries like Singapore. Aims: This study aims to analyze and compare the legal frameworks governing the appointment of notaries in Indonesia and Singapore, highlighting their differences, similarities, strengths, and weaknesses. Results: The findings reveal significant differences in the appointment process, requirements, and supervisory authority. In Indonesia, notaries are appointed by the Minister of Law and Human Rights based on Law No. 2 of 2014, while in Singapore, the appointment is conducted by the Senate of the Singapore Academy of Law under the Notaries Public Act Chapter 208. Novelty: This study offers a focused comparative analysis of notarial appointment processes within two distinct legal traditions—civil law and common law—which is rarely addressed in previous literature. Implications: The results provide practical insights for legal practitioners and policymakers in Indonesia and offer considerations for improving the notarial appointment system in line with global best practices. Highlights: Highlights the structural differences in notary appointments between Indonesia and Singapore. Reveals the impact of legal traditions (civil vs. common law) on notarial authority. Provides insights to improve Indonesia’s notarial appointment process. Keywords: Notary Appointment, Comparative Law, Civil Law, Common Law, Legal System
Copyright (c) 2025 Viona Widjaja, Benny Djaja (Author)