Journal Evidence Of Law

Protection of Advocates Immunity Rights in The Criminal Code: Between Legal Certainty and Justice

2025-09-08T04:00:52+07:00

The protection of advocates’ immunity rights is a fundamental aspect of ensuring their role as independent and equal law enforcers within the criminal justice system. In Indonesia, advocate immunity is regulated under Article 16 of Law No. 18 of 2003 on Advocates and was further interpreted by the Constitutional Court Decision No. 26/PUU-IX/2013 to extend beyond courtroom proceedings. However, the emergence of the Criminal Code (KUHP) raises new debates regarding the explicit recognition and operational guarantees of such rights. This study aims to analyze the normative position of advocate immunity in the KUHP and assess its implications for legal certainty and the pursuit of justice. Employing a normative legal approach and comparative analysis with other legal systems, the research finds that the current lack of clear and explicit provisions protecting advocates’ immunity in the KUHP is a notable deficiency. This legal gap may weaken the position of advocates and expose them to risks of criminalization in the performance of their professional duties. Therefore, this paper recommends a clearer normative formulation that ensures adequate protection for advocates while upholding a balanced realization of legal certainty and substantive justice in Indonesia’s criminal justice system.

Law EnforcementAgainst Dangerous Pharmaceutical Preparations in the National Health System

2025-09-10T14:21:30+07:00

Cosmetic preparations are ingredients that can be used on parts of the body that change a person's appearance. In Indonesia, the discovery of dangerous cosmetic preparations is rampant, based on several Press Releases submitted by the POM Agency. The rise of the discovery of dangerous cosmetic preparations has had a great impact on the health system in Indonesia. The a need for law enforcement against dangerous cosmetic preparations to improve the health system in Indonesia and to achieve the highest degree of health for the community. The purpose of research is to dig up and find a fact that has not existed before. The method used is qualitative literature research. The results of the surveillance research on cosmetic preparations still face obstacles due to limited human resources, large surveillance areas, and the complexity of supervision. The results of the study are the punishments given to business actors who commit cosmetic crimes, with the punishment imposed on the perpetrators being relatively light, so that they do not cause a deterrent effect for business actors. Law enforcement against dangerous cosmetic preparations in Indonesia has not had a deterrent effect on business actors and does not cause fear of committing violations, so that it can be said that it has not been able to realize the highest optimal level of public health.

The Transformation of State-Owned Enterprise Monopolies and Healthy Market Competition in Bulding Harmonization of Business Competition Law

2025-09-10T14:23:02+07:00

The 1945 Constitution, Article 33(2), establishes the state as the controller of important branches of production for the welfare of the people, but its implementation has continued to shift in line with political regime dynamics, from the command economy model of independence to the corporatization of state-owned enterprises (SOEs) under the New Order and the post-1998 crisis reforms that emphasized healthy competition. The latest debate has emerged from Law No. 1/2025 on SOEs, which grants the President discretionary monopoly powers through Government Regulations without competition impact assessments by the Competition Commission (KPPU), while Law No. 5/1999 requires SOE monopolies to be regulated by law and supervised by the KPPU. The main issue is the normative disharmony between executive monopoly rights and independent oversight mechanisms, which creates legal uncertainty, potential inefficiency, and rent-seeking risks. This study employs a normative-analytical legal approach with literature review and analysis of primary, secondary, and tertiary legal documents, integrating the statute approach and conceptual approach to unravel the relationship between the constitutional framework, monopoly policy, and the principle of fair competition. The findings indicate that Article 86M of Law 1/2025 expands executive discretion without adequate checks and balances, while Law 5/1999 provides a strict oversight framework through the KPPU. The discussion emphasizes the urgency of regulatory harmonization through systematic revision of Article 86M, including mandatory consultation with the KPPU, a sunset clause, and a competition impact assessment, as well as strengthening the independence and advisory role of the KPPU. The implementation of Good Corporate Governance, objective criteria for “national interest,” and periodic evaluation mechanisms will ensure that state-owned enterprise monopolies function in accordance with the objectives of the welfare state without undermining the competitive environment. A phased implementation model over 10 years recommends normative, institutional, operational, and democratic arrangements to achieve a balance between state intervention and sustainable market mechanisms.

Homologation Decision Against Creditors Who Did Participate in The Peace Agreement (Case Study: Decision Number 993 K/Pdt.Sus Bankruptcy/2019)

2025-09-13T03:07:38+07:00

Homologation decisions in the Debt Payment Obligation Postponement (PKPU) system have universal binding force which creates legal complexity, especially regarding the protection of creditors who do not participate in the peace agreement. This research analyzes the legal force of homologation decisions and protection mechanisms for non-participating creditors based on the Indonesian bankruptcy system through a case study of Supreme Court Decision Number 993 K/Pdt.Sus-Bankruptcy/2019. The research method used is normative legal research with statutory and conceptual approaches. The results showed that the homologation decision has a fundamental position as an instrument of judicial ratification that transforms the peace agreement into a court decision with an executorial title and universal binding force. Its legal legitimacy is obtained through the fulfillment of quorum and majority requirements in Article 281 of the PKPU Law which applies a dual majority requirement system. However, legal protection for non-participating creditors faces significant limitations as the principle of universal binding force creates complex legal implications, ranging from loss of contractual autonomy to changes in the legal status of receivables. Although there is a cassation remedy mechanism available, in judicial practice such protection is limited to procedural aspects with a high threshold for success, so that the Indonesian PKPU system prioritizes the efficiency of collective settlements over the substantive protection of minority creditors

The Authority of The Supervisory Board and Legal Protection for Parties Regarding The Loss of The Minutes Of a Deed as Evidence

2025-09-15T05:07:58+07:00

Notary is a prestigious, noble profession (nobile officium), with high values of nobility and dignity. Thus, in carrying out his duties and position a Notary must be guided normatively by applicable legal regulations and have a responsible attitude towards the authentic deeds he makes. Therefore, the urgency of this research is to analyse the authority of the Supervisory board in providing guidance to Notaries who are negligent in storying their Minutes of deeds and the protection as well as legal certainty of the parties in the event of the loss of Minutes of Deeds, which are evidence for the parties. This research is a normative legal research conducted by examining library materials or secondary data, which commonly referred to library study research. This study concludes that the Minister of law and Human Rights formed the Supervisory board with the aim of supervising and providing guidance to Notaries in carrying out their professional positions as public officials. Supervisory board consists of Regional Notary Supervisory Board, Territory Notary Supervisory Board and Central Notary Supervisory Board. This is made in accordance with its work area, Regional Supervisory Board as the main spearhead has the authority in terms of guidance and examination, one of which is regarding the Minutes of Deeds, which are part of the Notary Protocol. The Regional Supervisiory Board can impose sanctions as a form of guidance on Notaries who commit violations, one of which is negligence in storinfg minutes of deeds. Notary is responsible for the loss of the Minutes of th Deed by making a report to the Indonesian Police as a form of fulfilling the rights and legal certainty regarding the copy of the deed kept by the parties.

Suspended sovereignty as a result of the Apostille Convention: Legal review of Article 1337 of the Civil Code

2025-09-10T21:28:27+07:00

This study examines the risk of suspended sovereignty as a consequence of the ratification of the Apostille Convention in Indonesia from the perspective of Article 1337 of the Civil Code. The apostille system accelerates the legalization of foreign public documents, including international contracts, but reduces the substantive oversight function of Indonesian authorities. As a result, foreign documents that are formally valid and have obtained an apostille can still be recognized in Indonesia, even though they contradict national legal norms as stipulated in Article 1337 of the Civil Code. This condition creates a legal vacuum that weakens the practice of protecting national norms, so that substantive filtering can only be carried out after the document becomes a source of dispute. The research results recommend the urgency of a complementary mechanism in the form of regulations and substantive testing so that global administrative efficiency remains in line with the principles of legal sovereignty and the integrity of Indonesian values amid the tide of globalization of agreements.

Legal Politics the Position of Witnesses and the Right to Assitance by Advocates in Criminal Cases

2025-10-06T10:52:42+07:00

The examination of witnesses is very important in the examination of criminal cases, because these witnesses can shed light on a case. A witness is an individual who has direct information about a criminal event. A person is brought forward as a witness because he immediately "hears, sees and experiences" the criminal case. Witnesses are expected to provide information for the purposes of investigation, prosecution, and justice about a criminal case. So important is the position of the witness, so the existence of the witness should be regulated in laws and regulations, including the assistance of advocates when giving information in front of police investigators. This study examines the legal politics of witness regulation in criminal cases, with reference to the Criminal Code. The Indonesian people are waiting for the renewal of the Criminal Code to replace Law Number 8 of 1981 concerning the Criminal Procedure Law. This research concludes that legal politics as shown by the Draft Criminal Procedure Law provides more opportunities for advocates to provide legal services for suspects and witnesses in the examination of criminal cases ranging from the level of investigation in the police to the examination in court

Reformulating the Governance of Carbon Economic Value Based on Pancasila Ethics and Climate Justice to Address Inequality and Prevent Crimes in Indonesia’s Carbon Trading

2025-10-06T11:03:09+07:00

This article critically examines the urgency of reformulating the governance framework of Carbon Economic Value (CEV) in Indonesia by integrating the ethical principles of Pancasila as Indonesia’s national ideology and climate justice. The increasing risks of inequality, greenwashing, and transnational environmental crimes in voluntary and compliance carbon markets demand a just, adaptive, and integrity-based legal approach. By highlighting the current regulatory gaps and institutional weaknesses, this paper proposes a hybrid legal framework for carbon trading, anchored in Indonesia’s national ideology, environmental law, and behavioral economic approaches. The article concludes with specific policy recommendations and outlines a roadmap for legislative reform to ensure Indonesia's carbon governance is both globally competitive and locally just.

Effevtiveness of Regulations for Collecting Income Tax From E-Commerce Transactions Through Social Media Tax Fairness For MSMES

2025-10-06T11:07:21+07:00

The information technology revolution has changed the face of global trade, including in Indonesia. Rapid advances in digital technology have had a significant impact on the national trading system, where buying and selling activities are no longer limited to conventional trade but have developed into electronic-based trade transactions. This study analyzes the effectiveness of regulations on the collection of income tax from e-commerce transactions via social media on tax fairness for MSMEs in Indonesia. The evolution of e-commerce tax regulations shows a gradual development from the 2021 HPP Law to PMK 37/2025, but there are still significant legal gaps in the regulation of transactions via social media platforms such as Instagram, Facebook, and WhatsApp Business. Using a normative legal research method with a legislative and conceptual approach, this study applies Soerjono Soekanto’s theory of legal effectiveness and John Rawls’ theory of justice as analytical tools. The findings indicate that PMK 37/2025 is ineffective in reaching social media transactions due to the informal characteristics of these platforms that enable transactions without formal registration, payments through personal transfers, and communication via private chats. This regulatory gap creates distributive injustice that disadvantages traditional MSMEs, who are bound by strict tax obligations while competitors on social media can avoid tax burdens. Soekanto’s theoretical analysis shows the regulation fails to meet the implementability criteria for the social media segment, while Rawls’ theory identifies violations of equality and reasonableness principles that create unfair competition. The study concludes that comprehensive regulation combining technological automation with procedural simplification is necessary to achieve equitable competitive conditions for all business actors.

Legal Reconstruction of the Position of Tax Courts Following the Issue of Constitutional Court Decisions No. 26/PUU-XXI/2023

2025-10-07T02:03:26+07:00

As stated in Article 1(8) of the Judicial Power Act, tax courts are special courts under the Supreme Court and part of the judicial branch. According to Article 1(5) of the Tax Court Law, tax disputes are those arising in the field of taxation between taxpayers and authorized officials as a result of a decision that can be appealed or challenged in the Tax Court, in accordance with tax laws and regulations. This includes lawsuits regarding the enforcement of tax collection based on the Tax Collection Act with a Summons. Law No. 17 of 1997 on Tax Collection by Means of a Forced Execution Letter regulates tax disputes arising from tax collection actions by officials that do not comply with legal procedures, causing taxpayers to feel aggrieved. Constitutional Court Decision No. 26/PUU-XXI/2023 is based on Article 24(1) of the 1945 Constitution of the Republic of Indonesia, which states that the Supreme Court and the courts under its authority exercise judicial power. The decision reaffirms that the Tax Court is part of the judicial power and that the Supreme Court must supervise it. Constitutional Court Decision No. 26/PUU-XXI/2023 aims to enhance the Tax Court's independence. Transferring the authority for the organization, administration, and finance of the Tax Court from the Ministry of Finance to the Supreme Court is expected to achieve this goal. Prior to the decision, the Tax Court was under the Supreme Court within the Administrative Court System. The Tax Court was also under the Ministry of Finance in terms of organizational, administrative, and financial supervision in accordance with Article 5(2) of Law No. 14 of 2002 on the Tax Court. However, the arrangement of the status of tax courts following the issuance of Constitutional Court Decision No. 26/PUU-XXI/2023 has raised the issue that the decision does not automatically amend the provisions of Law No. 14 of 2002 on Tax Courts, particularly Article 5(2). According to Constitutional Court Decision No. 26/PUU-XXI/2023, the Supreme Court is responsible for supervising the organization, administration, and finances of the Tax Courts. However, Article 5(2) of Law No. 14 of 2002 of the Republic of Indonesia on Tax Courts grants the Ministry of Finance the authority to supervise the organization, administration, and finances of the Tax Courts. These conflicting provisions result in the loss of the Tax Court's status as an independent judicial institution.

Implementation Of Non Conviction Based Asset Forfeiture (NCBAF) in Efforts to Recover Assets Resulting from Corruption in The Oil Palm Planatation Sector in Indonesia

2025-10-07T01:49:51+07:00

Law enforcement in Indonesia's oil palm plantation sector faces various challenges, especially in terms of recovering assets resulting from corruption and environmental damage. Legal systems that rely on conviction-based asset forfeiture mechanisms are often slow and difficult to prove the origin of assets, thus incapable of reaching the full extent of the large ecological and economic losses. This journal examines the potential application of the Non-Conviction Based Asset Forfeiture (NCBAF) mechanism as a faster and more effective alternative solution, especially in the case of corporations with complex ownership structures and illegal land conversion modes. Through jurisprudence analysis and regulatory studies, it was found that legal reform was needed, including amendments to the Asset Forfeiture Bill and clarification of legal phrases related to state losses, so that the asset recovery system can run more fairly and efficiently. This approach is expected to strengthen efforts to eradicate corruption and environmental damage, as well as support the overall recovery of state losses in Indonesia's oil palm plantation sector.

Corporate Human Rights Due Diligence in Transnational Business: Towards a Binding Normative Framework in International Private Law

2025-10-07T02:06:51+07:00

The global expansion of transnational corporations has intensified concerns over human rights (HR) violations, including forced labor, environmental harm, and the displacement of local communities. Existing international instruments—such as the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Guidelines—remain non-binding and lack effective enforcement. While regional initiatives like the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) signal a transition toward binding obligations, their territorial scope limits broader applicability. This gap underscores the pressing need for normative frameworks that supersede voluntary standards. This study adopts a normative juridical methodology, analyzing international instruments, landmark cases (Kiobel v. Royal Dutch Petroleum and Chevron v. Ecuador), and comparative regulatory approaches. The findings demonstrate that private international law offers untapped potential to embed HR due diligence (HRDD) obligations within transnational business practices. Contractual mechanisms, choice of law clauses, and international arbitration can transform HRDD into binding legal commitments, complementing public international law while addressing jurisdictional and enforcement barriers. The novelty of this research lies in reframing private international law as a substantive tool for human rights enforcement. It advances the paradigm of “privatization of human rights accountability,” expanding the discourse on corporate accountability beyond the limits of public law. Practically, the study contributes actionable models for regulators and corporations to integrate HRDD into global supply chains, thereby strengthening both human rights protection and sustainable corporate governance

International Commercial Mediation: Towards a Harmonized Legal Framework for Cross-Border Business Dispute Resolution

2025-10-07T02:11:50+07:00

Globalization has expanded cross-border trade while also increasing the number of international commercial disputes. Litigation, though authoritative, is often expensive, time-consuming, and complicated by different jurisdictional rules, which weakens legal certainty for businesses. Mediation provides a more efficient and flexible alternative that helps maintain business relationships. However, its effectiveness is still limited by fragmented national regulations, the voluntary nature of the UNCITRAL Model Law (2002), and limited ratification of the Singapore Convention on Mediation (2019). This study employs a normative legal approach, incorporating a comparative analysis of selected jurisdictions (the United States, the European Union, Singapore, and Indonesia), and is supported by secondary literature and institutional reports. Findings indicate that while Singapore has aligned its domestic law with international standards, most jurisdictions still treat international mediation ambiguously, weakening enforceability. Additional barriers include the shortage of qualified mediators, cultural biases toward litigation, and low business awareness. The novelty of this research lies in its integration of normative, socio-cultural, and institutional dimensions. Theoretically, it reinforces the transnational legal process framework; practically, it proposes a roadmap to strengthen mediation’s legitimacy through wider ratification, legal alignment, and capacity-building for mediators. The study concludes that a harmonized legal framework for international commercial mediation is not merely aspirational but a pressing necessity for global economic stability.

Landowners’ Rights and Criminal Liability: Towards a Normative Framework for International Legal Protection

2025-10-07T02:13:27+07:00

Land ownership has long been seen as a fundamental right, but its protection under international law remains fragmented and inadequate. While the Universal Declaration of Human Rights and related covenants recognize the property right, there is no comprehensive international instrument explicitly safeguarding land rights, especially amid systematic land grabbing and forced evictions. This study employs a normative legal approach with a qualitative design, analyzing primary legal sources—including international treaties, jurisprudence from the International Court of Justice and the International Criminal Court—as well as academic literature and reports from civil society. The findings highlight three main points. First, international recognition of land rights is weak and lacks effective enforcement mechanisms. Second, systematic violations like mass evictions could be considered international crimes, particularly crimes against humanity, but the lack of explicit jurisprudence creates interpretive ambiguity. Third, while states often justify large-scale land dispossession, corporate accountability at the international level remains limited because it relies on non-binding soft law principles. Reflecting on these findings, the study advocates for the development of a normative framework that links land rights protection with international criminal responsibility. Such a framework would not only strengthen theoretical understanding by connecting property rights with international criminal law but also offer practical guidance for policymakers, international organizations, and civil society. Ultimately, this research aims to help bridge the gap between formal recognition and absolute protection of land rights in the context of globalization.

From Regulation to Culture: Rethinking Global Anti-Corruption Law Enforcement

2025-10-15T23:07:10+07:00

Corruption persists as one of the most entrenched challenges in global governance, undermining democratic institutions, economic development, and public trust. Despite the widespread adoption of international frameworks, such as the United Nations Convention against Corruption (UNCAC), and the proliferation of national anti-corruption agencies, empirical evidence suggests that regulatory instruments alone remain insufficient. Transparency International’s 2023 Corruption Perceptions Index reveals that two-thirds of countries score below 50 out of 100, reflecting limited progress despite extensive legal reforms. This study employs a qualitative-descriptive and comparative literature approach to analyze the limitations of formal regulation and to examine the role of legal culture in strengthening anti-corruption enforcement. Findings demonstrate that while regulatory frameworks provide essential normative foundations, sustainable compliance emerges only when integrity is embedded within societal values and norms. Comparative evidence from Singapore, Denmark, Finland, and Rwanda illustrates that internalized social trust, transparency, and accountability act as cultural multipliers of legal effectiveness. The study contributes to academic discourse by shifting the focus from purely legal and formal perspectives to the integration of socio-cultural dimensions, thereby addressing a significant research gap. Practically, it offers policy recommendations for embedding anti-corruption education, strengthening civil society, and fostering cultural transformation alongside legal reforms. Ultimately, effective global anti-corruption enforcement requires a paradigm shift—moving from regulation to culture.

Reclaiming Justice: International Legal Dimensions of Land Reclamation on Human Rights, Sovereignty, and Environmental Equity

2025-10-15T23:10:30+07:00

Land reclamation has emerged as a global practice that extends far beyond technical infrastructure development, positioning itself at the crossroads of human rights, state sovereignty, and environmental justice. Despite the proliferation of studies addressing its ecological and economic impacts, a notable gap remains in scholarship that systematically integrates these three international legal dimensions. This study aims to address that gap by situating reclamation within the framework of international law, critically examining its normative implications. Employing a normative, juridical, and qualitative approach, the research relies on primary legal sources, including UNCLOS 1982, ICCPR 1966, ICESCR 1966, and key environmental declarations, complemented by case law from the ICJ and PCA. Secondary sources were collected through a comprehensive literature review across international databases and reports from global institutions. Data analysis was conducted through a hermeneutic interpretation of legal texts and a comparative examination of state practice. Findings reveal that reclamation often undermines the right to livelihood and a healthy environment, challenges the integrity of sovereignty when used to justify territorial expansion, and exacerbates ecological injustice by privileging elite interests over vulnerable communities. These results underscore the interdependence of rights, sovereignty, and environmental sustainability, suggesting the need for integrative normative frameworks. The study contributes to academic discourse by bridging fragmented literatures while offering practical guidance for policymakers. It highlights the urgency of embedding human rights impact assessments within environmental evaluations and strengthening regional consultative mechanisms to align reclamation practices with global legal norms

Payment of Zakat Using Cryptocurrency: A Comparative Study of Indonesia and Malaysia

2025-10-15T23:14:56+07:00

This study examines the implementation of cryptocurrency-based zakat in Indonesia and Malaysia, with a focus on the differences in legal, Shariah, and technological frameworks. The rise of digital assets presents both opportunities and challenges for Islamic philanthropy, requiring normative clarity and operational innovation. The study employs a qualitative approach, combining normative and comparative methods to analyze fatwas, regulatory documents, and scholarly literature. Findings reveal that Malaysia has developed a mature operational model, integrating state-level fatwas, financial market regulation, and blockchain-based platforms that ensure transparency and accountability in zakat collection. Indonesia, by contrast, remains largely at a conceptual stage, limited by the absence of a comprehensive national fatwa, standardized operational guidelines, and coordinated governance, despite rapid growth in cryptocurrency adoption. The study contributes to the literature by proposing a hybrid governance model that emphasizes the importance of legal certainty, Shariah compliance, and technological adoption for effective implementation. Policy recommendations include integrated regulatory–fatwa frameworks, adaptive nisab and haul calculations, technical mechanisms such as stablecoin conversion, and targeted literacy programs. Cryptocurrency zakat is thus not merely a normative or technical issue but a strategic instrument to advance Islamic financial inclusion, bridge tradition and modernity, and reinforce zakat’s social justice role in the digital economy.

Digital Transformation of Whistleblower Legal Protection in Eradicating Corruption in Indonesia

2025-10-16T11:12:23+07:00

Digital transformation has transformed the Indonesian corruption eradication landscape, creating a paradox where technology facilitates new modes of corruption while providing innovative solutions for detection and prevention. Research purpose: the challenges of legal protection for whistleblowers in the digital era, particularly the unpreparedness of conventional systems to face cyber threats. The research method uses a normative legal approach with a statutory approach and a case approach, analyzing regulations related to whistleblower protection and empirical cases such as Eko Sulistyo, who experienced a massive digital attack. Data sourced from primary, secondary, and tertiary legal materials were analyzed descriptively, comparatively, prescriptively, and through gap analysis. The discussion reveals that although the Corruption Eradication Commission (KPK) has developed the JAGA and GOL digital platforms, the Indonesian legal framework still has fundamental weaknesses: the absence of conflict of interest regulations, a weak data security system, the absence of post-protection phase regulations, limited economic protection, and the absence of a unified database. The study concludes that the digital transformation of whistleblower protection requires a holistic approach that integrates technological, legal, and social aspects, including regulatory reformulation to accommodate digital threats, the development of robust cybersecurity infrastructure, and the development of a comprehensive and sustainable protection system.

The Dynamics Of Bankruptcy Law And Its Influence On The Investment Climate: A Comparative Study Between Indonesia And Thailand

2025-10-26T10:33:38+07:00

This study aims to analyze the dynamics and effectiveness of bankruptcy law in Indonesia and Thailand through a comparative law approach. Thailand regulates bankruptcy through the Bankruptcy Act B.E. 2483 (1940) and its amendments, while Indonesia uses Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. The study focuses on the legal framework, procedural mechanisms, the role of judicial institutions, and creditor protection. The analysis results show that Thailand implements a centralized system through the Central Bankruptcy Court, which features specialized judges, a concise procedure, and the role of an official receiver as a state official in debt liquidation and reorganization. In contrast, Indonesia has a more open access to filing for bankruptcy for various parties. Still, it faces obstacles such as long resolution times, differing interpretations among courts, and issues with the cost and independence of curators. From the perspective of creditor protection, Thailand is more prominent because it provides legal certainty and encourages restructuring. At the same time, a liquidation pattern still dominates Indonesia due to the weak implementation of the PKPU mechanism. Therefore, it can be concluded that the Thai system is more effective in the aspects of efficiency, consistency, and business continuity. At the same time, Indonesia excels in access openness but faces challenges in the practical resolution of the bankruptcy process.

Analisis Kelayakan Pemekaran Kabupaten Banyumas Menjadi Tiga Daerah Otonom

2025-09-24T02:07:16+07:00

Penelitian ini membahas kelayakan pemekaran Kabupaten Banyumas menjadi tiga daerah otonom dalam kerangka desentralisasi dan otonomi daerah di Indonesia. Pemekaran wilayah dipandang sebagai salah satu strategi untuk memperpendek rentang kendali pemerintahan, meningkatkan kualitas pelayanan publik, serta mendorong pemerataan pembangunan. Secara historis, kebijakan sentralistik Orde Baru menciptakan ketimpangan pembangunan, yang kemudian dijawab melalui reformasi 1998 dengan pemberlakuan otonomi daerah. Landasan hukum pemekaran ini diperkuat oleh UUD 1945 Pasal 18, UU No. 23 Tahun 2014, serta PP No. 78 Tahun 2007. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual, melalui analisis terhadap bahan hukum primer dan sekunder. Hasil kajian menunjukkan bahwa Banyumas layak dipertimbangkan untuk dimekarkan berdasarkan aspek administratif, kewilayahan, demografis, ekonomi, sosial-budaya, serta kesiapan infrastruktur. Pemekaran diproyeksikan mampu mempercepat pemerataan pembangunan, terutama di wilayah pinggiran yang selama ini tertinggal, sekaligus menciptakan pusat-pusat pertumbuhan ekonomi baru berbasis potensi lokal. Namun demikian, kelayakan ekonomi dan fiskal masih bersifat kondisional. Diperlukan strategi untuk memperkuat Pendapatan Asli Daerah (PAD), meningkatkan kapasitas birokrasi, serta menjamin tata kelola pemerintahan yang transparan dan partisipatif. Rekomendasi utama penelitian ini adalah penyusunan masterplan pembangunan terpadu, penguatan sistem keuangan daerah, dan keterlibatan masyarakat secara aktif dalam proses pemekaran. Dengan langkah tersebut, pemekaran Banyumas diharapkan tidak hanya menghasilkan entitas administratif baru, melainkan juga mewujudkan tujuan utama otonomi daerah, yaitu peningkatan kesejahteraan masyarakat secara merata.

Desentralisasi dan Hubungan Pusat-Daerah dalam Negara Kesatuan: Studi Perbandingan Indonesia

2025-10-08T03:38:44+07:00

Desentralisasi merupakan salah satu mekanisme utama dalam pengelolaan negara kesatuan untuk menjaga keseimbangan antara stabilitas nasional dan kebutuhan otonomi lokal. Indonesia dan Jepang, meskipun sama-sama negara kesatuan, menerapkan model desentralisasi yang berbeda dengan latar belakang historis, politik, dan budaya yang khas. Artikel ini bertujuan membandingkan pola hubungan pusat–daerah di Indonesia dan Jepang dengan menekankan aspek regulasi, struktur pemerintahan, dan mekanisme fiskal. Metode penelitian yang digunakan adalah studi literatur dengan pendekatan komparatif. Hasil pembahasan menunjukkan bahwa Indonesia menekankan desentralisasi politik dan administratif melalui pemberian kewenangan luas kepada daerah, sementara Jepang lebih menekankan efisiensi dan stabilitas fiskal dalam kerangka local autonomy law. Studi ini menegaskan bahwa keberhasilan desentralisasi tidak hanya ditentukan oleh peraturan hukum, tetapi juga kapasitas birokrasi, budaya politik, dan konsistensi pengawasan pusat.

Analisis Kedudukan Hukum Wali Hakim dalam Proses Pernikahan di Kantor Urusan Agama Kecamatan Namlea Kabupaten Buru

2025-09-29T01:36:16+07:00

Di Indonesia, ketentuan mengenai wali hakim diatur dalam Kompilasi Hukum Islam (KHI) Pasal 23 yang menyatakan: “Apabila wali nasab tidak ada atau tidak mungkin hadir atau tidak diketahui tempat tinggalnya atau menolak menjadi wali, padahal tidak terdapat alasan yang sah, maka yang menjadi wali adalah wali hakim.” (Instruksi Presiden No. 1 Tahun 1991,) ini menandakan bahwa negara melalui pejabat yang diberi wewenang (biasanya Kepala KUA atau Hakim Pengadilan Agama) memiliki kewenangan untuk menjalankan peran sebagai wali demi kepastian hukum dalam pernikahan.namun, pelaksanaan fungsi wali hakim di lapangan tidak selalu berjalan sesuai dengan prinsip keadilan dan kepastian hukum, dalam beberapa temuan lapangan, terjadi perbedaan pemahaman antara satu wilayah dengan wilayah lain dalam menerbitkan surat wali hakim. Ada Kantor Urusan Agama (KUA) yangmensyaratkan surat keterangan dari pengadilan, sementara ada pula yang langsung menetapkan wali hakim tanpa menelusuri keberadaan wali nasab secara memadai. (Rika Dwi Astuti), Kondisi ini mengakibatkan praktik penggunaan wali hakim menjadi tidak seragam dan berpotensi menyimpang dari kaidah hukum Islam. Terlebih lagi, dalam beberapa kasus, wali hakim dijadikan jalan pintas untuk melangsungkan pernikahan yang sebenarnya masih memiliki wali nasab yang sah, tetapi enggan atau berbeda pendapat dengan calon mempelai perempuan. Hal ini menimbulkan persoalan serius dalam aspek validitas akad nikah, perlindungan hukum terhadap perempuan, serta otoritas keluarga dalam hukum Islam. Dalam hukum islam, keberadaan wali merupakan salah satu rukun sah pernikahan khususnya bagi mempelai perempuan, tanpa wali yang sah pernikahan dinyatakan tidak sah menurut syariat, hal ini ditegaskan dalam hadis Nabi Muhamad SAW “tidak sah pernikahan tanpa wali

Harmonisation of Islamic Law and National Law in Implementasion of Hajj and Umrah in Indonesia

2025-10-09T23:07:09+07:00

Hajj and umrah are among the main pillars of Islam, and have complex spiritual, social and legal aspects. As the country with the largest number of pilgrims in the world, Indonesia faces many problems in organising the hajj and umrah. In this situation, it is very important to harmonise Islamic law, which serves as the basis for religious norms, with national law, which serves as a tool for the state to protect, provide services and supervise. To investigate the synchronisation between the two legal systems, this study uses a normative juridical approach, employing legislative and conceptual perspectives. The results of the analysis show that although most Sharia principles have been incorporated into national law, particularly Law No. 8 of 2019 on the Implementation of Hajj and Umrah, there are still several problems in their application. Limited quotas for Hajj, mismatched services between regular and special Hajj, and commercial practices that harm pilgrims are some of the main problems. Many previous studies have concentrated on the normative aspects of Islamic law or the administrative aspects of national law, but few have examined both comprehensively. In this article, a model of legal harmonisation based on substantive justice that emphasises legal certainty and the protection of pilgrims' rights is intended to fill this gap. This study has two benefits: theoretically, it offers a conceptual framework for the integration of Islamic law and national law in the implementation of the Hajj and Umrah pilgrimages; and practically, it offers policy recommendations to help the government strengthen Hajj governance that focuses on pilgrim protection. Therefore, this article argues that legal harmonisation is a prudent way to achieve a more equitable, transparent, and substantively just administration of the Hajj and Umrah in Indonesia.